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BAKER, KEENER & NAHRA, LLP

Trial Attorneys

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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Posted by on Dec 23, 2016 in Recent Cases |

Defense verdict on medical negligence claim for spinal surgery.

Our client was sued over spine surgery performed on the plaintiff in 2009, alleging both negligence and fraud with respect to the surgery and follow-up visits. This case, originally filed in the middle of 2011, initially named two other doctors, both of which were dismissed after we successfully filed motions for summary judgment on their behalf. However, subsequently the case underwent numerous procedural twists and turns, including the filing of a parallel case, efforts to consolidate with the parallel case, and amendments to the complaint. Our attorneys, John Nahra and Brenda Benson, successfully navigated this long-standing case to trial this month, where the jury rejected all of plaintiff’s claims and returned a complete defense verdict in favor of our client, with the judge ordering plaintiff to pay for our client’s...

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Posted by on Dec 23, 2016 in Publications |

California Supreme Court – Rest Periods Must Be Restful

California Supreme Court – Rest Periods Must Be Restful

Rest means rest In a ruling issued this week, the California Supreme Court in Jennifer August, et al. v. ABM Security Services, Inc. held in a two-part decision that state law prohibits on-duty and on-call rest periods, concluding that during required rest periods employers “must relieve their employees of all duties and relinquish any control over how employees spend their break time.” The Court specifically held that “a rest period during which an employer may require that an employee continue performing duties seems to place too much semantic emphasis on ‘period’ – and too little on ‘rest'” and that “one cannot square the practice of compelling employees to remain at the ready, tethered by time and policy to particular locations or communications devices, with the requirement to relieve employees of all work duties and employer control during 10-minute rest periods.” In short, when an employee is on break, the employee must be on break – the employer cannot require him to perform certain duties while he is resting (e.g....

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Posted by on Nov 7, 2016 in Publications |

Court of Appeals Sets Standard For Loss Of Earning Capacity Claim

Court of Appeals Sets Standard For Loss Of Earning Capacity Claim

It will come as no surprise that injuries affect our lives in a wide variety of different ways, including the impact an injury can have on our ability to work. When it comes to recovering damages in a lawsuit for the impact an injury has on our ability to work, the damages generally fall into two categories: what a person would have earned – i.e. loss of earnings – and what a person could have earned in the future – i.e. loss of earning capacity. An actual truck driver gets injured… To better understand the difference between these two categories, consider two different situations. First, let’s say you are working as a truck driver but, due to a back injury, are unable to drive for a month. If you filed a lawsuit seeking damages for this injury it would likely be a loss of earnings claim, as what you’d be trying to recover (ignoring workers’ compensation claims for purposes of this example) is the wages you would have earned...

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