Triple threat (tenants rejoice and landlords beware!)

It’s a classic story. You lease an apartment. Everything is wonderful. You move out and are supposed to get your deposit in the mail. What you get back wouldn’t buy you a large popcorn in the movie theater. Accompanying your measly check is an ambiguously worded explanation and a checklist which includes: paint, carpet, carpet padding, cleaning fee, processing, supplies, etc.… Read More

Loss of Use: why every car is always your daily driver, you never sign a long term storage unit contract, and you fix your boat in spring

When someone damages your property you can always sue for replacement or repair. That’s pretty straight forward. What about the fact that you’re without your property? Loss of use damages are damages attributable to the inability to use property, premises, or articles due to someone else’s negligence or tortious conduct.… Read More

Super lawyer fails epically

So, you’re a member of a very large law firm in New York. You humbly note on your firm profile that you have been named “one of the ‘500 Leading Litigators in America,’ one of the ‘500 Leading Plaintiffs’ Lawyers,’ and one of the ‘100 Lawyers You Need to Know in Securities Litigation,’ and … repeatedly named a Super Lawyer by Super Lawyers magazine, in 2007, 2008 and 2009.” Very humble.… Read More

Let your neighbor ride that horse across your backyard, but watch out for those mounted police

No trespassing signs. Barbed wire. Concrete blocks. Landowners everywhere are concerned about premises liability. I frequently drive by an empty lot in Camarillo, CA that dirt bike riders use to romp around in and the inner lawyer thinks about putting up a post with a business card holder on the edge of the lot.… Read More

Texas is so conservative they adopted a law just like California

Texans are upset about lawsuits hindering business and increasing costs. This is the latest chapter in the book of Regional Trial Lawyers Association versus Regional Conservative Business Group for Tort Reform. I understand both sides of the fight. Anyone can slap on a neck brace, pour a bottle of water on a few steps, call an ambulance, file suit, and settle.… Read More