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BAKER, KEENER & NAHRA, LLP

Trial Attorneys

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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Posted by on Sep 19, 2016 in Publications |

Living with Kimzey v. Yelp – Protecting Against Yelp Review Lawsuits

Living with Kimzey v. Yelp – Protecting Against Yelp Review Lawsuits

With the recent decision by the Ninth Circuit in Kimzey v. Yelp (I refuse to use the exclamation point) reinforcing the fact that – no matter how clever the pleading – Yelp is not liable for negative business reviews that are created, published, or disseminated on its site, reviewers themselves are the prime target for any business owner angry enough to try and file a lawsuit over a Yelp review. As a result, anyone posting to Yelp or any other online review service would be wise to tread carefully for at least the next few months, if not as a general rule of thumb. How exactly, you might be asking, could any business owner sue over a Yelp review? Typically such a lawsuit would take the form of a defamation lawsuit – essentially, that the business and its reputation have been damaged because you have made false statements about it. However, while a Yelp review could in theory be defamatory, in actuality it’s highly unlikely that any Yelp review...

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Posted by on Sep 18, 2016 in Recent Cases |

$1.5 million settlement reached in insurance bad faith matter

Attorneys Robert Baker and Derrick Lowe represented a local school district in bringing a bad faith lawsuit against its insurance company for failure to pay for the cost to repair a water-damaged kindergarten building, despite the fact that the school district had specifically purchased an endorsement to cover such an event and despite the fact that coverage was required under the main policy as well. At mediation in this matter our attorneys made clear to the insurer that it had breached its duties to its insured, resulting in a $1.5 million dollar settlement with the insurance company that will allow the school district to effect all of the necessary repairs and to turn its attention back towards providing for the education of its...

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Posted by on Aug 17, 2016 in Recent Cases |

$60.2 million verdict awarded in trial over investor fraud and breach of contract allegations

In 2000, the defendants in this matter fraudulently sold our client an ownership interest in their company in exchange for over what would ultimately be over $635,000 in investments. After taking his money, however, they proceeded to cut him out of the promised ownership interest, refused to give him his agreed-upon salary, and breached payment on numerous promissory notes. Subsequently, they closed up the company and over the subsequent years proceeded to play a complex shell game, constantly shifting the money – and our client’s investments – into one new company after another, all in order to hide their ill-gotten gains and prevent our client from ever recovering on his investment. On August 12, 2016, however, the defendants were finally brought to justice. After years of work by our attorneys Laurence Osborn and Robert Baker to unravel defendants’ fraudulent activities and fight through their obstructive litigation tactics, the trial court completely rejected the defendants’ attempts to hide behind their shell companies and awarded our client a verdict of $60,282,000.00,...

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Posted by on Jul 27, 2016 in Publications |

Will The Courts Finally Answer The Trolley Problem?

Will The Courts Finally Answer The Trolley Problem?

The Trolley Problem If you’ve taken a Philosophy 101 class, you might be familiar with a thought experiment known as the Trolley Problem. As the hypothetical goes, a trolley is heading down a hill and on the tracks ahead of it five people are tied down and cannot move. If you do nothing, the trolley can’t stop in time and will kill those people. Fortunately, however, there is a switch right next to you that allows you to divert the trolley onto another track. Unfortunately, there is a single person tied on that track. Do you do nothing and allow five people to die or do you pull the switch and kill one person? Does it change the equation if the five people are convicted serial killers and the one person is a baby? What if the five people are complete strangers and the one person is your mother? The Trolley Problem…Meets The Self-Driving Car With me so far? Okay, now replace trolley with self-driving car, the one person...

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