Federal Court Crisis

Posted by Daniel O. Jamison on

President Trump, Congress must fill critical vacancies for judges in federal courts The following op-ed with headline below was originally published online by The Fresno Bee on August 3, 2018: Enamored of the Declaration of Independence and acting against the orders of the French king, the 20-year old Marquis de Lafayette in 1777 left France […]

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The Unplanned Effect of the Sustainable Groundwater Management Act – Water Attorney Shortages – Advocacy and Ethical Conflicts

Posted by Dowling Aaron on

The Sustainable Groundwater Management Act (“SGMA”) has led to an unintended and unpublicized effect:  a shortage of water law attorneys that can provide non-conflicted representation of farmers, water districts and groundwater sustainability agencies (“GSAs”).  Although in the past water law attorneys had to bridle the ethical and advocacy wall between representing farmers and the related […]

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Are you an employer that sells goods or services? If so, do you pay your employees commissions on sales they make of your goods or services?

Posted by Dowling Aaron on

If you pay commissions, keep in mind that California Labor Code section 2751 requires that all employers who use commissions as a means of compensating employees provide those employees with a written agreement which sets forth the method by which the commissions will be calculated and paid.  Further, the written commission agreement must be signed […]

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Don’t Make These Common, Expensive Mistakes: How to Leave Assets to Minor Children

Posted by Dowling Aaron on

Most parents want to make sure their children are provided for in the event something happens to them while the children are still minors. Grandparents, aunts, uncles, and good friends sometimes want to leave gifts to beloved young children too. Unfortunately, good intentions and poor planning often have unintended results. Don’t make these common, expensive […]

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Prop. 65 Legal Alert

Posted by Dowling Aaron on

Recently a group of plaintiff attorneys have started filing claims under California’s Proposition 65 also known as the Safe Drinking Water and Toxic Enforcement Act of 1986 for a chemical known as Furfuryl Alcohol.  As of September 30, 2017, all products containing Furfuryl Alcohol sold in California must include a warning meeting the Prop. 65 […]

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Judge resolves long-standing Hmong New Year dispute

Posted by Daniel O. Jamison on

Fresno is home to the nation’s second largest population of Hmong immigrants and their children. Since 1999 the Hmong International New Year Foundation, Inc. has hosted an annual New Year celebration at the Fresno Fairgrounds that has attracted tens of thousands from throughout the world. For the past four years, with the help of Dowling […]

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Is medical expert opinion that minimal exposure to asbestos constituted a substantial factor contributing to the risk of developing mesothelioma in one who contracted the disease admissible?

Posted by Steven Vartabedian on

In Davis v. Honeywell International Inc. (filed 3/3/16, B256793), the admissibility of evidence going to the  burden on a plaintiff in an asbestos-related cancer case to prove legal cause, as was addressed by the California Supreme Court in Rutherford v. Owen-Illinois, Inc.(1997) 16 Ca.4th 953, is clarified in light of the trial court’s “gatekeeper” role […]

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Can an employee who reports crime personal to her in the work place but neither against employer nor concerning employment operation be afforded “whistleblower” protection?

Posted by Steven Vartabedian on

Commonly referred to as a “whistle blower” statute, Labor Code Section 1102.5 (b) provides in part that an employer “shall not retaliate against an employee for disclosing information . . . to a government or law enforcement agency . . . if the employee has reasonable cause to believe that the information discloses a violation […]

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Does a public university owe a duty of care to protect students from assaultive behavior of a student known to the university to have threatened assaulting others?

Posted by Steven Vartabedian on

Educational institutions have unfortunately become the location of assaults on innocent bystanders by individuals with hateful agendas.  When some of the most horrific acts have been committed, members of the public often have asked, “Were there any warning signals that could have been acted upon to avoid this tragedy?” The Regents of the University of […]

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