Kabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.
62: The Future of Law School: A Conversation With Michael Waterstone, Dean of Loyola Law School, Los Angeles.
Brian Kabateck and Shant Karnikian discuss the current situation for law students with their guest, Michael Waterstone, Dean of Loyola Law School, Los Angeles. Graduates of Loyola Law School themselves, Brian and Shant speak with the Dean on where law school and law practice is headed, the effects of the pandemic on teaching and students, and the outlook for jobs in the legal field for Loyola Law School graduates. (hint: it's very good!)
For more information on Loyola Law School Los Angeles visit www.LLS.edu. To reach Dean Waterstone via email: Michael.email@example.com.
To learn more about Kabateck LLP visit www.kbklawyers.com.
61: What a PI Lawyer Needs To Know About Family Law. A conversation with Ron Brot.
What would happen if in the middle of a huge personal injury case, where there might be a huge recovery, the Plaintiff and their spouse decide to get divorced? What if a couple’s home burns down and in the middle of the lawsuit against the tortfeasor, they decide to call it quits as a couple?
These are the fascinating intersections of family law and personal injury cases that we sometimes encounter. Brian and guest host Stephanie Charlin talk with Ronald Brot. Ron has been a respected family law attorney for over 30 years and is the immediate past president of the Los Angeles County Bar Association.
We discuss what happens when you sign up a divorced couple as clients or when married clients split up in the middle of the case. Is the recovery still community property? What happens to the loss of consortium claim? Do you still work the case if they can’t agree to both be represented? What does “date of separation” really mean in family law? All these questions and more are answered.
Contact Ronald Brot at firstname.lastname@example.org or visit https://bgfllp.com/
Brian Kabatek: email@example.com
Stephanie Charlin: firstname.lastname@example.org
For more information about Kabateck LLP, visit www.kbklawyers.com
60: Is PAGA in Trouble?
While the Court of Appeal issues opinions that continue to jeopardize PAGA, corporate lobbyists have drafted a proposed ballot initiative that would kill PAGA entirely.
Brian and Shant address a recent court ruling as well as proposed legislation that may significantly weaken or even eliminate the use of the Private Attorneys General Act (PAGA) in California. In September, the Second District Court of Appeal, in the case of Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, held that trial courts had the right to determine whether a PAGA case is manageable and that a defendant’s right to present an affirmative defense must be taken into account. Brian and Shant discuss the common tactic defense attorneys take to make a PAGA case as unmanageable as possible by presenting an affirmative defense to each individual employee present in a PAGA claim, which means asking the court to hear from hundreds or even thousands of employees in a case—rendering a case unmanageable.
Next, Brian and Shant discuss a recent “request for title and summary filing” (a pre-requisite for a ballot initiative) with the State’s Attorney General of a bill that would effectively eliminate PAGA. It would not preclude workers from acting on behalf of other aggrieved workers who have faced workplace violations, but it would also preclude lawyers from representing aggrieved workers under the PAGA statute. Instead, workers would be expected to file their own individual claims without the assistance of legal representation or to wait for the state itself to take on their case.
If you have any questions about PAGA cases or have any other interesting cases or questions you would like to please reach out to us.
Brian Kabatek: email@example.com
Shant Karnikian: firstname.lastname@example.org
59: Popping the Policy – Developments in Insurance Bad Faith Law
Brian and Shant revisit the standards for bad faith and opening up the lid on a policy. They discuss two recent cases from the California Court of Appeal:
Pinto v. Farmers Insurance Exchange (2021) 61 Cal.App.5th 676 and
Hedayati v. Interinsurance Exchange of the Automobile Club (2021) 67 Cal.App.5th 833.
For more information visit www.kbklawyers.com
58. Civil Procedure Cases Pt. 4
Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact.
Lucky Brands v Marcel Fashion (2nd Ct. of Appeals)
A Defense Not Previously Raised is Precluded from Future Assertion
Nguyen v Ford (6th DCA)
In a Legal Malpractice Case, Tolling Only Applies to a Specific Subject Matter in the Particular Matter at Issue
Universal Home Improvement Inc. v. Robertson (1st DCA)
Recovery of Attorney Fees When Failing to Admit an RFA
DeHoyos v Superior Court (4th DCA)
Communication with Jurors Governed by the CCP, Not by a Universal Code of Criminal Procedure
57. Insurance Cases Pt. 2
Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies.
Mosley v. Pac Specialty
Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property
501 E 51st Street v Kookmin Best Ins.
Captive Experts and the Genuine Dispute Doctrine
Lewis v. Liberty Mutual (9th Circuit)
A Change in Policy, Insurance Code 678.1(d), and Forum Non-Conveniens
Montrose Chemical v. S.C. (Cal. Sup. Ct.)
Elective Stacking—Multiple Primary Policies Used to Exhaustion Allows Access to Others Stacked Above
I've been loving the podcast! You guys are so informative, and the banter between you two is the best. Can't wait each Thursday for the new ep; you guys rock!