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BAKER, KEENER & NAHRA, LLP

Trial Attorneys

Posted by on Jan 30, 2018 in Publications |

Another Year Closer to Autonomous Vehicles, Another Year With Inadequate Law To Guide Us

Another Year Closer to Autonomous Vehicles, Another Year With Inadequate Law To Guide Us

Human drivers get a reprieve for another year at least It’s only been about a month since ringing in the start of 2018 and we’re yet another another step closer to one of the most significant technological shifts in recent history and a past favorite topic of discussion – i.e. autonomous vehicles. Let’s be clear about one thing, though: 2018 is not the year of the autonomous vehicle. A Tesla car slamming into a parked fire truck at full speed is plenty of evidence of that. Turns out, the dark little secret about current autonomous technology is that the cars basically ignore all non-moving objects because the systems are so limited that they can’t meaningfully distinguish between, say, a bright red stop sign and a bright red fire truck in the middle of the road. To put this in perspective, while my phone is smart enough to be able to distinguish between my face and my dad’s face, the top-of-the-line, $100,000+ autonomous vehicles can’t tell the difference between a...

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Posted by on Jan 29, 2018 in Recent Cases |

Defense verdict on insurance bad faith claim

Attorneys Bob Baker and Derrick Lowe, representing a large automotive insurance company and an insurance brokerage, successfully defended a bad faith claim asserted by a plaintiff in response to the rescission of his automobile insurance policy. In a week-long bench trial in Palm Springs, the judge agreed with our clients’ position that the plaintiff made several material misrepresentations during his application for insurance – including a failure to disclose the business use of his vehicle and lying about the garaging location of his vehicle – and concluded that our client had the absolute right to rescind the policy in view of these misrepresentations. For these reasons, the judge dismissed plaintiff’s claims that the insurance contract had been breached and that there had been any bad faith on the part of our...

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Posted by on Oct 22, 2017 in Recent Cases |

Verdict for defendant law firms on motion for non-suit

Attorneys Bob Baker and Derrick Lowe recently represented two defendant law firms in a lawsuit where a treating physician and his business entities sued them for an alleged failure to pay an outstanding medical lien. Subsequent to the presentation of plaintiffs’ case, a motion for non-suit was successfully filed on behalf of the defendants on a number of grounds, including the absence of an enforceable lien. The Court granted the non-suit, bringing plaintiff’s case to a swift close, and granted a judgment enabling our clients to successfully recover many of their costs incurred in defending this...

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Posted by on Sep 1, 2017 in Publications |

“The Lawyer Dwells On Small Details”

“The Lawyer Dwells On Small Details”

The California Court of Appeals published an interesting case a couple years ago in 2015 called Womack v. Lovell that started out with a rather unique introduction that is the subject of this particular post: “In his rock and roll standard, ‘End of the Innocence,’ Bruce Hornsby notes that ‘The lawyers dwell on small details.’ That’s true. We have to. The devil isn’t the only resident in the details; sometimes truth and fairness lodge there as well. In this case, we address a ‘detail’ that was lost or hidden and resulted in what we consider an injustice. Fortunately, as is usually the case, painstaking attention to other small details enables us to correct this injustice. If you dwell on small details with an eye to fairness, the law works well.” In Womack , the issue was a failure by a plaintiff contractor to produce a verified certificate of license, which was required under a somewhat obscure statute in the Business and Professions Code in order to bring a lawsuit...

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Posted by on Jun 19, 2017 in Publications |

Top Ten (Eight) Lessons To Be Learned From The 2014 Sony Hack

Top Ten (Eight) Lessons To Be Learned From The 2014 Sony Hack

It’s approaching three years since the November 2014 hack against Sony Pictures Entertainment grabbed headlines and since then, stories of information theft, computers being held hostage by malware, data leaks and the like seem as though they are becoming more of a part of the everyday fabric of our digital life, not less. For this reason, it seems prudent to embrace the time honored “top ten” list tradition and provide you with ten (okay, only eight) considerations to keep in mind for the health and welfare of your digital life, whether at home or at work. Here they are, in no particular order: 1. If You Don’t Want It Leaked, Don’t Write It Your mom was right when she said not to say anything if you have nothing nice to say. No matter what the marketing materials may say, there really is no such thing as a perfectly secure communication. Even your million-bit encrypted, billion dollar secure e-mail system is vulnerable to the Mark 1 eyeball if you forget...

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