Entries by Matthew Witteman

EMPLOYEE RIGHTS

The subject of “employee rights” in California is a vast one that many full length books have been written about, and still those books cannot keep abreast of new developments. This article does not pretend to be anything more than an overview of some of the most important aspects of employee rights in California. There […]

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BICYCLE LAW

Whether a bicyclist, motorist, or pedestrian is liable for injury or criminal sanctions on California roads requires a case-by case analysis. An experienced and knowledgeable attorney in California law as it relates to bicycles, motor vehicles, and pedestrians should be consulted to determine where liability lies. Under California law, a bicyclist on public roads is […]

PRODUCTS LIABILITY: AN OVERVIEW

A person who has been injured by a defective product has, generally speaking, three primary bases for imposing liability on the manufacturer or distributor of the product: 1) strict products liability, 2) negligence, and 3) breach of warranty. Strict Products Liability Strict products liability can arise from defective design, manufacture, or notice to the consumer. […]

CIVIL RIGHTS

Claims for damages and other relief may be based on the violation of the civil rights of citizens of the United States. The Merriam Webster dictionary defines “civil rights” as “the non-political rights” of citizens.” As used here, however, claims for violation of “civil rights” means claims that have been recognized by courts as arising […]

CONSUMER FRAUD CLAIMS AND CLASS ACTIONS

Consumer Fraud Citizens in the United States are, unfortunately, awash in a sea of deceptive and unfair business practices defrauding them of hundreds of millions if not billions of dollars annually. A 2014 FTC publication put the total annual loss figure at 1.6 billion. Other sources estimate greater losses. The Financial Fraud Research Center of […]

THE JONES ACT AND INJURIES TO SEAMEN AND FISHERMEN

The federal Merchant Marine Act, otherwise known as the “Jones Act,” represents the primary basis for claims of seamen, fishermen, and similar offshore workers for workplace injuries. This body of law is found at Title 46 of the United States Code, starting at section 30104. The Jones Act allows injured seaman, called “sailors” under the […]

WORKER’S CLAIMS UNDER THE LONGSHORE ACT AND RELATED LAW

Longshoremen and other harbor workers receive worker’s compensation benefits for their workplace injuries under the Longshore and Harbor Worker’s Act (LHWCA). Such injuries may also include occupational injuries, such as asbestosis. Spouses and families of workers who die from work place injuries also may receive compensation. The LHWCA is a federal law found in Title […]