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Estate Planning: Nelson Mandela
Estate Planning: Lessons Learned From Nelson Mandela Nelson Mandela died at the age of ninety five in December of 2013. Mandela is widely known as the former president of South Africa that helped overcome apartheid in that country and was eventually awarded a Nobel Peace Prize. There is several estate planning lessons that can be learned from Nelson Mandela.
Posted by Evan Guthrie on 12.8.13 in Articles.
California Court: Cannot Sue for Breach of Warranty where no Such Warranty Was Provided
P entered a contract for harvesting timber. P sued D because the harvest level was below the rate of "176.2 million board feet per year for the first ten years." Trial court granted summary judgment for D, because the contract did not guaranty any such level, and in fact during the contract negotiations such a provision had been rejected. Court of appeal affirmed. What was not guarantied by contract cannot be supplied by covenant of good faith and fair dealing.
Posted by Robin Mashal on 12.4.13 in Contracts.
Drug Injury Watch: The Pradaxa Gastrointestinal (GI) Bleeding Debate Continues: Is There An Increase
Drug Injury Watch: The Pradaxa Gastrointestinal (GI) Bleeding Debate Continues: Is There An Increased Risk Or A Risk Reduction With Pradaxa Use? A Medical Journal Article About New Meta-Analysis Of Four Pradaxa Trials Shows More GI Bleeds With "New" Blood Thinner Pradaxa Vs. "Old" Warfarin Treatment http://www.drug-injury.com/druginjurycom/2013/11/pradaxa-side-effects-increased-risks-bleeding-gi-gastrointestinal-adverse-events-medical-reports-fda.html
Posted by Tom Lamb on 12.2.13 in Personal Injury.
Estate Planning: Lessons Learned From Paul Walker And The Fast And The Furious
Paul Walker died suddenly in November of 2013 after being involved in a fatal car accident as a passenger in California. Walker was most well known as the star of the street racing franchise, The Fast And The Furious. There are many estate planning lessons that can be learned in the wake of the tragic death of Paul Walker
Posted by Evan Guthrie on 12.1.13 in Articles.
Where Case was Removed to Arbitration, Trial Court Could Not Enter CCP 128.7 Sancations
Case was removed from trial court to arbitration. Later, some parties came to court seeking sanctions under CCP 128.7, because plaintiff's claims were frivolous. Held: Since case was removed, and the Court did not retain further jurisdiction over the parties, court cannot hear sanctions motion.
Posted by Robin Mashal on 11.26.13 in Litigation.
California Remedies and Enforcement of Judgment: High-Hanging Fruit
I was a co-presenter of this Continuing Legal Education (CLE) program, presented by the Los Angeles County Bar Association, Remedies Section.
Posted by Robin Mashal on 11.22.13 in Articles.
Drug Injury Watch: Flomax Can Cause Severe Hypotension According To A New Medical Study Article Publ
Drug Injury Watch: Flomax Can Cause Severe Hypotension According To A New Medical Study Article Published In November 2013 BMJ Journal Low Blood Pressure Can Lead To Loss Of Consciousness / Fainting With A Fall Down Resulting In Injury And Hospital Admission http://www.drug-injury.com/druginjurycom/2013/11/flomax-hypotension-dizziness-falling-risk-increased-new-patient-use-tamsulosin-warning-medical-study.html
Posted by Tom Lamb on 11.20.13 in Personal Injury.
Amending Complaint before Defendant brings Anti-SLAPP to Original Complaint Renders Motion Moot
P's original complaint included causes of action that were potentially subject to Anti-SLAPP. Before D could file an Anti-SLAPP motion, P filed an amended complaint that removed the potentially objectionable allegations. California Court of Appeal held: The Anti-SLAPP filed after the filing of amended complaint was moot.
Posted by Robin Mashal on 11.14.13 in Cases & Codes - State Cases.
Drug Injury Watch: October 2013 NuvaRing Label Change: Warnings And Precautions Section Sets Forth T
Drug Injury Watch: October 2013 NuvaRing Label Change: Warnings And Precautions Section Sets Forth Two Competing Medical Studies About Side Effects In Addition, The New Package Insert No Longer States It Is Unknown If NuvaRing Has A Different Blood Clot (VTE) Risk Than Some Birth Control Pills http://www.drug-injury.com/druginjurycom/2013/11/nuvaring-label-october-2013-version-revised-warnings-blood-clots-medical-studies-dvt-pe-side-effects.html
Posted by Tom Lamb on 11.12.13 in Personal Injury.
A Suspended Corporation Lacks Capacity to Take Any Action
A California corporations rights and privileges are suspended when it fails to pay any tax, penalty or interest due and payable to the California Franchise Tax Board. Here, judgment creditor (a suspended corporation) executed an assignment of judgment. Trial court refused to honor the assignment. Court of appeals affirmed: suspended corporation did not have power to assign its judgment.
Posted by Robin Mashal on 11.8.13 in Litigation - Appellate.