Jenny A. Silverstein - Associate

Jenny A. Silverstein is an Associate in Tyson & Mendes’ Northern California office. Her practice focuses primarily on general liability, commercial litigation, and the defense of public entities. Ms. Silverstein represents individual, business, and public entity clients in courts across Northern California.

Ms. Silverstein has successfully resolved a variety of cases involving complex personal injury, insurance coverage, and construction defect disputes. Prior to joining Tyson & Mendes, she worked for in-house counsel of a large auto-insurance carrier where she resolved multiple personal injury and property damage matters. She briefed and won a Motion for Summary Judgment before a California Superior Court based on res ipsa loquitur in a case where her client’s property was destroyed in a fire.

Ms. Silverstein earned her J.D. in 2008 from John F. Kennedy University in Pleasant Hill, CA where she funded her education by working full time during the day as a paralegal and attending law school in the evening. She earned her paralegal certificate in 2003 from St. Mary’s College of California in Moraga, CA and her B.A. in Latin American Studies in 2001 from Scripps College in Claremont, CA. Ms. Silverstein is licensed to practice law in California.

In her free time, Ms. Silverstein enjoys spending time with her husband and their Boston Terrier. She is also an avid knitter and “foodie.”

Recent Posts

Mind the Gap: Premises Liability in Washington State

Since I became a lawyer, I read the fine print more often. I think more about the consequences of my actions. Before my husband and I bought our home, I read the lease to our apartment with a fine tooth comb, which included the landlord’s duties and our responsibilities. Considering we were living in a hip Oakland neighborhood at the time, the landlord was looking for any excuse to break the lease and triple or quadruple the rent to a techie. Fortunately for us, we were able to move out on our own terms. However, I remember some of our neighbors were injured either by slipping on water in the hallway or shoddy construction of the premises to try to keep up with demand. What is premises liability law? When is a property owner-landlord liable for injuries which occur on the property? When is the lessee at fault rather than the property owner? The recent Shannon C. Anderson v. Port of Bellingham, provides guidance in answering these questions.

It Speaks for Itself: Medical Malpractice and Res Ipsa Loquitor

Over 10 years ago, my father underwent a double hip replacement and had four vertebrae in his spine fused together. Not all at once, but over a series of surgeries. The double hip replacement was a huge success. After he recovered from that surgery, he had the spinal fusion in the hopes of relieving his back pain. In the process of recovering from that surgery, he contracted a severe infection, which complicated his recovery. To this day, he still has to take medication as a result of the infection he contracted.

Colorado Case Law Update

An Appellate Brief Needs to State More Than Just the Court’s Order and a Recitation Of The Facts

Kent Vu Phan v. National Jewish Health, et al. (January 30, 2019, 2019 WL 386912)

Plaintiff Phan is an owner of a condominium and claims to have been damaged when he found standing water in his condo’s crawlspace. While Mr. Phan’s insurance agency denied his claims, Mr. Phan alleged his property and his health had been harmed as a result of the “contaminated” standing water. After his claim was denied, he filed a lawsuit against the homeowners association, which dismissed his claim because Mr. Phan could not find a doctor who would affirm that Mr. Phan’s health had declined due to the standing water. Plaintiff decided to represent himself and filed an amended complaint which cited the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, conspiracy, discrimination based on his race and various Colorado state laws.

Your Civic Duty: Minimum Wage Payments for Jury Service in Washington State

I have been an attorney for almost ten years and have done my fair share of trial preparation and helping attorneys pick a jury. I also take my civic duty seriously and report for jury duty when called. I have noticed that a high percentage of those called have tried to excuse themselves for hardship because they cannot afford to miss work to sit on a jury. Those that usually can sit on a jury are those who are retired and living on a fixed income or those who have a job that allows them to serve on a jury without missing work (i.e.: government employees).

Beauty is in the Eye of the Beholder: An Update on Anti-slapp Lawsuits in Nevada

In July, 2018, an article was written discussing the Anti-SLAPP lawsuits in Nevada and the Druscilla Thyssen v. Martin Crowley matter. In that case, Defendant Crowley was plaintiff Thyssen’s attorney. The attorney-client relationship broke down and ended in hostility. Plaintiff wrote various complaints to the Nevada State Bar regarding her former attorney. In response to plaintiff’s complaints, defendant Crowley sued plaintiff asserting claims for money he alleged he was owed. He also alleged tortious breach of contract, unjust enrichment, and quantum meruit.

Water, Water Everywhere: Bad Faith Litigation and Motions for Summary Judgement in Arizona

Most of us, hopefully, have some form of insurance for our home, whether it be a single family home we own or an apartment we rent. We pay monthly premiums in the hope that, heaven forbid, an earthquake, flood, tornado, fire, or other catastrophic event occurs, the insurance company to whom we have been sending our monthly checks will make us whole again. It may be a long road, but it is our hope that we will be paid fairly for the property lost or damaged, we will have a place to stay temporarily, and there will be a friendly ear on the other side when the road seems too long and daunting.

Snap Decisions: The Dangers of Bad Faith Litigation in Colorado

When most people think of insurance, they think of the policies they use in their everyday life through an auto policy, homeowners/renters insurance or health insurance. More likely than not, they pay the premiums and do not read the fine print. Regardless, if the fine print is read, the policyholder feels the insurance provides peace of mind. It is the idea something bad may not happen now, but it will eventually. And when it does happen, I better be protected. To the “Average Joe”, the premium is a small price to pay for the idea of security.

Working Your Fingers Down to the Bone: Employee Workers’ Compensation Claims and the Employer Duty to Render Medical Assistance

Most workers in the United States would say they are overworked, underpaid, and are suffering from too much stress due to a variety of issues. In addition, the food we eat is overly processed and we drink sugar-loaded caffeinated drinks as if they were water. All of these things contribute to health problems most working adults endure including obesity, high blood pressure, insomnia, migraines, and stress-related illnesses.

State Your Choice Clearly: Florida Auto Insurance Polices And Underinsured Motorist Coverage

Prior to working at Tyson & Mendes, I worked as part of an in-house counsel team for a large auto insurance company in California. While I was able to relish in every attorney’s dream of not having to worry about billable hours, the relationship I had with the insurance company’s policyholder was a little different. I had to take into consideration why certain cases were settled for financial reasons instead of advocating for the policyholder’s desires to take a case to trial out of “principle.” My representation became not only about providing the best legal representation I could for the policyholder and my employer, but also to keep in mind what the “bottom line” was.

Arizona Case Law Update

A Recorded Affidavit Alleging CC&R Violations Does Not Mean An Encumbrance On a Person’s Real Property Is Created Unless The Affidavit Explicitly States Otherwise

Thomas M. Baumgartner and Julie B. Baumgartner, et al. v. Edward A. Tmmins, Jr., et al. (August 30, 2018, 2018 WL 4177840)

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