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.
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.
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.
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.
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.
June 16, 2016 5:13pm
Many taxpayers consult with their certified public accountant (CPA) before making significant financial transactions. Taxpayers consult with the expert so they can structure the transaction in a manner minimizing taxes.
June 5, 2015 5:56pm
In our legal system where corporate entities are deemed to be “persons,” it has become relevant and wise to ask: Is this corporation alive or dead? Your determination will greatly
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.
January 8, 2015 4:46pm
Certified Public Accountants (CPAs) provide three standard levels of attest-type services for their clients. These three services vary in terms of levels of assurance. CPAs in California may be subject to liability for failure to detect fraud even when performing low level attest-type services.
October 30, 2014 11:10pm
The California Supreme Court recently granted an attorney’s petition for review of a recent Fourth District Court of Appeal case, Lee v. Hanley (2014) 227 Cal.App.4th 1295, regarding application of the one-year legal malpractice statute of limitations.
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.
May 9, 2014 11:30pm
Note that application of the alter ego doctrine is limited to the particular case and the particular purpose before the court.15 The ultimate question posed by an alter ego cause of action is whether it is inequitable to allow the corporate formalities to remain for purposes of the litigation.