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BAKER, KEENER & NAHRA, LLP

Trial Attorneys

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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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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