Jeremy Freedman is an Associate in Tyson & Mendes’ San Diego office. His practice focuses primarily on general liability. Mr. Freedman has experience litigating personal injury, professional liability, directors and officers liability, errors and omissions, employment, and commercial claims representing individuals, retired naval officers, businesses and banking institutions in California state and federal courts.
Mr. Freedman has successfully resolved a variety of cases involving wrongful death, personal injury, wage and hour, sexual harassment, breach of contract and bankruptcy disputes. In a case of first impression, Mr. Freedman successfully defended a multimillion dollar wrongful death action for failure to use an Automatic External Defibrillator on a motion for summary judgment, currently on appeal. He has successfully tried several breach of contract cases and defended claims for violation of the automatic Bankruptcy stay representing local and national banking institutions. He has also successfully resolved claims brought by the Department of Fair Employment and Housing.
Mr. Freedman earned his J.D. magna cum laude in 2015 from the Thomas Jefferson School of Law, where he served as the Technical Editor for the Thomas Jefferson Law Review. He earned his Bachelor’s in Science and Business Administration with a specialization in Finance magna cum laude from The Ohio State University in 2001. Mr. Freedman is licensed to practice law in the state of California.
In his free time, Mr. Freedman enjoys sailing, surfing and hiking with his wife and two dogs. Mr. Freedman is also an avid sailor who has participated in and won numerous regattas and enjoys sailing to Catalina Island.
When filing a motion summary judgment, arguing defendant did not have duty to plaintiff is the gold standard. Whether a legal duty exists is a legal question not subject to a factual dispute that must be decided by the Court. On the other hand, attacking a complaint based on causation has its challenges. Motions for summary judgment based on causation often require expert declarations and facts. In fact, plaintiff attorneys advocate for retaining an expert immediately to create doubt and dispute defendant’s expert declaration.
Challenging a summons and complaint can prove to be an expensive and often futile endeavor that fails to achieve the intended goal of dismissal, given the Court’s leniency towards permitting plaintiff to amend or otherwise let plaintiff’s action proceed. Arizona’s abatement rule, which required plaintiff to serve defendant with a summons and complaint within the statutorily…
As with any lawsuit, it all begins with a plaintiff filing a lawsuit. After extensive litigation, and on the heels of a case altering event – whether it be a dispositive motion, discovery motion or expert designation, plaintiff’s deposition, or immediately before trial call – defendant makes an offer to settle. After several back and forth negotiations over the phone the parties reach a verbal settlement. Hurrah says all parties! That same evening, after accepting…
In 1771, John Adams foreshadowed the reality of excessive jury awards we routinely hear about in the news. In drafting the Seventh Amendment, John Adams envisioned “the duty of the jury. . . [was] to find a verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” At that time, a trial by jury was envisioned where the value of the case was over $20 dollars.
California’s Supreme Court recently set the stage for voiding all choice of law provisions in insurance contracts where the insured either resides or is insured in California and makes a first party claim. This is especially true where the law of another state would bar coverage for the insured. To wit, the California Supreme Court has made it clear – California has a strong public policy to avoid forfeiture of coverage.
Even where an employer maintains and strictly enforces comprehensive policies and procedure at to avoid workplace injuries, they are inevitable. Employees may have medical conditions that lead to subsequent injury. Employees do not always follow policies and procedures. In short, accidents happen. In Nevada, as with many other States, there is generally no duty to come to the aid of another. However, there are several exceptions to…
It is axiomatic that hosting parties and welcoming friends, families and even strangers into our home, serving alcohol, food and other arrangements has become engrained in our social fabric. Commonly accepted, with little regard for legal consequences, we desire to host the perfect party, make our guest feel welcome and ensure everyone has fun. Often, we overlook indiscretions that could have legal consequences, such as, a minor sneaking alcohol or a guest having one too many. Social responsibility would suggest that as host we consider the safety of our guests and even people our guests may come into contact with after they leave the party. The law, however, does not always encourage what may seem as the most socially responsible course of action.
In many workplace harassment cases, it is often difficult to gather evidence or produce witnesses to testify regarding instances of harassment for a number of reasons. Often, the harassing conduct may take place in private and is undocumented. Where the offending conduct is witnessed by others, social pressure and fear of retaliation for testifying against an employer exacerbate the challenges in obtaining evidence.
When driving the roads of San Diego it is easy to overlook autonomous vehicles (“AV”), the hazards attendant with new technology on our roads, and what it means to us. Indeed, there has been little coverage on AV testing or incidents here in San Diego. With the recent coverage of AV incidents in San Francisco, Las Vegas, and more recently Phoenix, San Diego has quietly hidden under the radar. However, beginning as early as 1997, San Diego…
–DLSE Manual Remains Fertile Ground for Litigation—
In responding to mathematical questions, I often hear attorneys respond “I did not go to law school to do math.” In actual practice, however, this is misnomer and a major mistake. Like it or not, successful attorneys are in the business of mathematics. In almost every case, regardless of liability, the calculation of damages presented to a jury, mediator, or arbitrator is highly disputed. While not the only qualification, successful attorneys know their client’s “number.” More importantly, they are able to explain how they calculated that number and provide a compelling explanation for such calculation that weaves in the theme of their case.