Clients Must Always Be Prioritized

Author: Michael Kutzner

Guest Editor: Grace Shuman

February 7, 2022 11:45am

Attorneys may not disclose information relating to the representation of a client – discussions with a client are privileged.  In the case discussed below, a court found a lawyer need not even know his/her intentional acts violated the Rules of Professional Conduct to be held accountable. 

Medi-Cal Liens Not Preempted by Federal Medicaid Anti-Lien Statute

Author: David Kahn

Guest Editor: Grace Shuman

October 29, 2021 9:00am

Could a Medi-Cal lien for recovery of advanced medical expenses be pre-empted by federal law?  This was the issue recently decided by the Second District Court of Appeal in L.Q. v. California Hospital Medical Center.[i]  The case involves the conflict between federal and state law on whether a state’s Medicaid program can legally claim a lien against a beneficiary’s personal injury settlement without violating the anti-lien provision in the federal Medicare Act.  The Court of Appeal reversed the trial court and held the state Medi-Cal lien was valid, allowing recovery of the portion of the settlement proceeds to be attributable to past medical care paid for by Medi-Cal.

Jury Finds San Diego Accountant Not Liable in Professional Malpractice Trial

Featured: Daniel Fallon, Garry McCarthy

SAN DIEGO (March 11, 2019) – Following a two-week trial in San Diego, a California Superior Court jury has found accountant Roy Hosaka and his firm, Hosaka Nagel & Co., not liable in a $2 million malpractice case. Tyson & Mendes attorneys Dan Fallon and Garry McCarthy represented Mr. Hosaka and Hosaka Nagel & Co. in the high-stakes professional malpractice case, which alleged fraudulent nondisclosure and breach of fiduciary duty.

Exploring the Defense Arsenal: How to attack inflated damages in professional malpractice and catastrophic injury cases

Author: Daniel Fallon

CLM – September 10, 2018

With the rising costs of medical, rehabilitation, and long-term care, the increase in special damages can be exponentially impactful to jury verdicts and settlements. The gross exposure from cases not only affects carriers, but also creates concerns for policyholders relative to policy limits, premiums, and professional reputations.


When May a Defendant Obtain Certiorari Review of Discovery Order?

Author: Damian M. Fletcher

November 5, 2017 10:42am

In this wrongful death case brought against two pharmacies, the plaintiff alleged a woman died of multiple drug toxicity due to the alleged negligence of the pharmacies in dispensing prescription medication. The allegation was that Walgreens had filled approximately 275 different prescriptions issued by 18 different physicians, and that CVS filled approximately 95 different prescriptions issued by 10 different physicians. Many of the prescriptions were narcotics.

Primary Assumption of Risk Arguments Still Kicking

Author: David Ramirez

February 4, 2015 4:55pm

The primary assumption of the risk doctrine has been used to provide immunity from suits for certain sporting and recreational activities, based on the public policy consideration that such activities are to be encouraged, rather than discouraged. The immunity from suit typically applies so long as the defendant did not do anything to increase the “inherent risk” of the activity.

Strategic Considerations For Attorney Malpractice Statute of Limitations

Author: Jacob Felderman

October 30, 2014 11:08pm

When an attorney makes a mistake, the layman client will often be unaware until long after the mistake occurred. When the discovery of the mistake is significantly delayed, can the client still pursue their attorney for recovery? This is just one of the important considerations when evaluating statute of limitations defenses.

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