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Posts by Jillian Fairchild:

The Confident Woman: Living a Better Balanced and Healthier Life

On March 2, 2017, the Tyson & Mendes’ Women’s Initiative held an engaging and thought-provoking event entitled, “The Confident Woman: Living a Better Balanced and Healthier Life.” At this event, co-sponsored with the Lawyer’s Club of San Diego and San Diego Association of Corporate Counsel, Marjorie Hansen Shaevitz discussed ideas from her book The Confident Woman and the impact of societal pressures on women’s confidence and health. Ms. Hansen Shaevitz provided valuable insight, helpful advice, and useful suggestions for dealing with these pressures in our everyday lives as legal and insurance professionals.

California Case Law Update

INSURANCE COVERAGE

Medina v. Geico Indemnity Company, 2017 WL 5101878 (17 Cal. Daily Op. Serv. 1174)

Facts:

Leigh Anne Flores was involved in an accident while she was driving a van provided to her by her employer, Pacific Bell. This van was provided to her to perform her duties, but she used it for both personal and business purposes. At the time of the vehicle accident, Flores was on her way to perform a personal errand.

Defense Expert Tips: Don’t Wait, Designate!

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Expert testimony is often critical to the outcome of a case. The trial can turn on the testimony of an expert witness on many types of issues, including standard of care and technical considerations. For this reason, it is critical to preserve your client’s ability to present the necessary expert testimony. In order to preserve this right, the expert must be properly designated.

Keys to Success at Mediation

A mediator recently told me a successful mediation ends in a settlement with which neither party is very happy. This is because the defense feels as though they have paid too much for settlement and plaintiff believes that he has lowered his demand too far. Whether or not the parties are entirely happy about all of the terms, settlement at mediation is always a cause for celebration.

Jillian Fairchild

“Borrowed Employee Doctrine” Provides Viable Summary Judgment Defense in Dual Employment Cases

Workers’ compensation is the exclusive remedy for an employee’s injuries when they occur in the scope of employment. (Labor Code §3601.). However, an injured worker can have a cause of action against a third party for negligence in causing the injury. Pursuant to the holdings in a line of cases referred to as the “Borrowed Employee Doctrine,” if a third party defendant can show it had a special employment relationship with an injured employee, that entity can also obtain the benefit of the workers’ compensation exclusion.