California Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in California
In this article, the author discusses the merger of medical practices, from a legal perspective.
In this article I discuss physician recruitment agreements and their package of documents. A recruitment agreement allows a hospital to loan money to a physician or to a group practice in exchange for the physician’s promise to practice in a certain geographic area. Recruitment agreement packages frequently reach 100 pages of mind-numbing prolixity and obscure complexity.
When you are planning for retirement you are invariably going to be looking forward to good times ahead.
Teenage drivers are always at risk of getting involved in a car accident. According to the Centers for Disease Control and Prevention (CDC), in 2009 alone, at least 3,000 teenagers were killed and about 350,000 were injured as a result of traffic mishaps.
A European business group is calling on China to make big changes to its patent system. The European Chamber of Commerce in China argues that the current Chinese patent system hinders the country's ability to innovate and may be detrimental to foreign companies. The group released a report recommending a total of 52 changes.
It is well-established law that in order to justify an investigative stop or detention, police must have a “reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur and that the person is involved in that activity.”
Statistically, we can all look forward to living much longer than those who came before us. That does not, however, mean that we will live forever.
The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations. Juan G. was sixteen years old in early 2012 when he allegedly committed attempted murder and violated the terms of a criminal gang injunction. The People filed separate Penal Code § 602 petitions in juvenile court against Juan G., alleging such violations.
On the night of August 17, 2007, Virginia Lopez was working at a restaurant in Julian, California, near San Diego. While working, she had three shots of tequila between 8:45 p.m. and 10:15 p.m. At about 11:00 p.m., she left work to drive home. As she drove home, she ran head-on into a pick-up driven by Allan Wolowsky, killing him. About two hours after the accident, Ms. Lopez provided a blood sample.
Due to the aging of the baby boomers, there are approximately 10,000 people applying for Social Security benefits every day. This volume of applicants will continue for the next 20 years according to elder law experts. Of course, there are already millions of people collecting Social Security benefits. Can you imagine how much it costs to mail out paper checks to even a small percentage of these individuals?
Teller of Penn & Teller fame is suing Dutch magician Gerard Dogge for allegedly stealing his copyrighted magic piece called Shadows. According to the copyright infringement lawsuit, Dooge performed a similar illusion called The Rose & Her Shadow in a YouTube video, which offered to reveal the “magic” behind the trick for $3,050.
The year 2013 is fast approaching. That being said, a lot of new changes and additions to the California employment and labor laws are bound to happen. Consequently, employers and employees in the state will surely be impacted by some of the provisions to existing laws, as well as new legislations created out of necessity for the betterment of the employment sector.
Quamie Brown allegedly drove his white Cadillac up to Gerardo Calderon and Jesus Castro, who were standing on the sidewalk. Brown allegedly called over to Castro, through his rolled down window, “What the fuck are you guys doing here? Get the fuck out of our neighborhood.” Castro then told Calderon, “Let’s get out of here.”
Law enforcement obtained orders authorizing wiretaps involving fourteen cell phones used by defendant Steven Montes. The orders involved the magistrate’s finding of probable cause that Montes and others “have committedIn 2005 and 2006, law enforcement obtained orders authorizing seven wiretaps involving fourteen cell phones used by defendant Steven Montes.
A new study reveals that over 20 percent of patent filings can now be traced to mobile technology. The findings suggest that the industry may be the future of innovation. The study, authored by consultant Chetan Sharma, examined approximately 7 million patents granted both by the U.S. Patent and Trademark Office and the European Patent Office.
At some point in their lives, drivers and passengers alike would encounter irresponsible drivers. With them present on the road, they transform the roads into obstacle courses that other motorists try to avoid. Like monsters in horror tales, they endanger lives and property with their reckless behavior behind the wheel.
The U.S. Supreme Court recently ruled in a 9-0 decision that patent applicants can introduce new evidence when challenging a patent examiner’s rejection under 35 U.S.C. § 145. The Supreme Court clarified that there are no evidentiary bars other than those articulated in the Federal Rules of Evidence and the Federal Rules of Civil Procedure.
Understanding Veterans benefits can be difficult. Not only do forms need completed, you must choose a plan. There are also many legal considerations. Find out what information you need for application, what benefit suits your individual needs, and how pension is calculated.
Dog bites are not limited to causing physical injuries. Yes, there may be pain from lacerations, prolonged complications as a result of wound infection, and scarring, but dog bites also leave emotional scars – especially in younger people. Dog owners are generally obligated to keep their pet on a leash when walking public streets and sidewalks.
In May, 2012 a newly licensed driver hit 8 high school students in a cross walk. It was first reported that he was travelling at 50 miles per hour or more and had been known to drive at high speed up and down the street where he lives. However the actual investigation found witnesses that said the truck was actually only going 15 miles per hour when it reached the cross walk where the high school students were hit by his truck.
Troy Smith allegedly masturbated in public view of others on three separate occasions. Two separate groups of people claim they saw this. In the third incident, Mary Hernandez allegedly was standing in her house and looked out the window to see Smith masturbating in her backyard. Ms. Hernandez quickly closed the curtains.
Overcrowded emergency rooms have become a major problem with hospitals, resulting in an increase in medical negligence and medical malpractice. Overcrowding has become a serious problem in hospital emergency departments. This causes patients who need immediate medical help to sometimes wait hours for medical attention.
One of the side effects of wearing uneven, rocky shoes is pain related to excessive pressure and stress. Skechers Shape-Ups and similar toning shoes can cause hip pain because its rocker bottom sole design can cause the wearer to strain more muscles and distribute their weight in an unnatural way that can cause severe hip injuries.
Dog bite accidents in the United States is a growing problem over the years. According to the Centers for Disease Control and Prevention (CDC), about 4.5 million Americans get bitten by dogs every year, and of these cases, at least 885,000 require medical attention. In 2006, the agency reported that more than 31,000 people needed to undergo reconstructive surgery due to severe dog bite injuries.
The U.S. Supreme Court has agreed to revisit the issue of whether copyrighted works purchased overseas can be resold in the U.S., without the permission of the copyright owner. The Court previously considered the issue in 2010, but ultimately split 4-4 after Justice Elena Kagan recused herself.
Because of the fact that pets live relatively short life spans as compared to humans, you may think that it is not necessary to consider the future of your pet when you are planning your estate. Perhaps this is true for some younger people who essentially co-own their dog, cat, horse or other animal with other immediate family members.
Penal Code § 451 states that a person is “guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsel or procures the burning of any structure, forest land or property.” A conviction for a violation of § 451 is a felony, carrying with it a minimum prison sentence of sixteen months and a maximum sentence of three years in state prison.
The intellectual property and high-tech industries are still trying to figure out what to make of Twitter’s recent patent announcement. The company has stated that it will begin using a new patent assignment agreement it calls the Innovator's Patent Agreement (IPA). Under the new agreement, Twitter agrees that it will not use the patents from employees’ inventions in offensive litigation without their permission.
Automobiles and other related means of transportation have significantly changed the way of land travel. Before, people relied on trains to get from point A to point B. With certain innovations such as roadways, motoring has experienced drastic changes. Over the 19th and 20th centuries, automobiles have become an integral part of life, as modernity slowly crept its way through society over these time periods.
The role of the Social Security Administration (SSA) on your claim is to make sure that your disabling condition is severe enough for you to be granted disability benefits. Also, the federal agency’s evaluation of your claim looks at how your condition affects your activities of daily living, also called ADLs.
If you or someone you love has been seriously injured because of the negligence of a nurse, doctor, or hospital, you may be wondering if you meet the thresholds for filing a medical malpractice lawsuit. This article will explain what thresholds are necessary to file a successful medical malpractice claim and how leading medical malpractice attorney Dr. Bruce Fagel proceeds with a medical malpractice lawsuit.
The Second Appellate District recently made new law by affirming a Pomona judge’s decision that felony, rather than misdemeanor, vandalism charges were proper when the total damages are considered. In this case, there were damages suffered by defendant’s mom and an apartment owner, which when totaled, exceeded the misdemeanor vandalism limits of $400.
We surround our lives with them every day – furniture, appliances, and toys. We trust our products to be good, properly manufactured and safe. Unfortunately, not all products are safe. Some result in life-altering burns more frequently than we’d like to admit. Polyurethane, a type of foam found in household furniture is a highly flammable material.
The U.S. Patent and Trademark Office recently proposed patent fee increases for fiscal year 2013. Although these fee increases generally take place every year, they may particularly harder to swallow given that the current fees reflect a 15% increase that occurred in September 2011, as required by the America Invents Act.
The taxes that are imposed on transfers of assets are something to take very seriously when you are interested in wealth preservation. These taxes extend beyond the estate tax alone. There is also a gift tax, and it is unified with the estate tax under Internal Revenue Service regulations.
Waiting for your disability hearing may take months or years. If you have been denied your disability claim and you ended up on this stage of the appeals process, you must know that preparing for it will help you a lot once the disability hearing day comes. It would greatly benefit you if you understand what to expect of this important event, as well as the procedures and practices that come with it.
Spinal cord injury (SCI) affects at least 11,000 Americans every year. As it is, this life-altering injury does not discriminate – anyone can become a victim. Furthermore, people with SCI face different challenges in life, which include the inability to do work and the costly hospitalization and rehabilitation expenses.
Resisting arrest under Penal Code § 148(a)(1) is the misdemeanor version of Penal Code § 69, which is usually a felony. Section 148(a)(1) is violated when one obstructs an officer or EMT when the officer or EMT is performing his or her duties. The prosecution must prove that defendant knew or should have known that the person affected was an officer or an EMT performing such duties.
Up until recently, Skechers, USA has been profiting tremendously from the toning shoe craze that hit U.S. markets. With an estimated $10 million in sales from 2011 alone, the leading toning shoe manufacturer made billions in profit from the sale of potentially dangerous shoes.
The Federal Bureau of Investigation rarely likes to call attention to its ongoing spy tactics. However, the agency recently launched a national campaign designed to draw attention to a growing problem in the United States—economic espionage.
Penal Code section 422 defines criminal threats as “willfully” threatening to kill or injure someone, unequivocally and with sufficient specificity that the recipient of the threat is placed in a state of reasonably “sustained fear” for his immediate safety or that of his or her family. The threat can be communicated verbally, in writing or electronically.
On July 1, 2010, Vehicle Code § 13352(a)(3) was amended to allow second time DUI offenders to apply for a restricted license with installation of an IID after ninety days of actual suspension. Previously, a second-time DUI offender was stuck with a one year license suspension.
Anesthesia mistakes happen with major operations as well as with common elective procedures. An anesthesia error can cause severe permanent brain damage or death to a patient. Anesthesia errors happen every day in hospitals, doctor’s offices, and surgical centers. Anesthetists and Anesthesiologists play a vital role in surgeries.
What rights do I have if I am injured in a bicycle accident? This question, or some form of it, is probably the most commonly-asked question that bicycle accident attorneys hear. Those who have suffered damage or injury on a bike want to know if they can collect damages to pay for their medical bills and possibly lost wages, as well as give them some type of compensation for their pain and suffering.
Apple Inc. has won at least one round of its trademark battle against Proview Electronics Inc. The two companies are fighting over the rights to the iPad trademark in China, with lawsuits pending in both countries. Here in the U.S., a California judge recently dismissed Proview’s trademark infringement lawsuit.
This is the last article in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary practices in California. This article gives a very brief overview of how a veterinarian leaves or closes a veterinary practice. The veterinarian can’t just walk away – leaving or closing a veterinary practice is more complex than you think.
This is Article #7 in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary practices in California. This article gives a quick overview of buying and selling a veterinary practice. I discuss the deal from due diligence, through deal terms, to the definitive deal documents.
This is Article #6 in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary practices in California. This article gives an outline of how to bring a new veterinarian into a veterinary practice. I go from common sense to legal advice, from the veterinarian’s purchase of ownership to the parties’ exit strategy and unwinding of the relationship.
This is Article #5 in my 8-part series on the basic corporate, business and contract law issues for veterinary corporations and veterinary practices in California. If you are in a group veterinary practice, you might wonder, “Can I or another veterinarian in this practice set up a competing practice?” “Will a non-competition agreement prevent it?” These questions are crucial both to the existing group and the veterinarian who would set up the competing practice.
Since 2009, there have been no less than five legislative changes to the way presentence conduct credits are calculated, leaving even the most informed judges, district attorney and defense attorneys confused. The recent case of People v. Paul Garcia (2012 DJDAR 13257 (Sept. 24, 2012)) serves to clarify the law on this important issue.