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Professional Liability Cases

 

Venue: Santa Clara Superior Court

Jury Verdict/Result: Favorable settlement

Case Name: DeStefano v. State Farm Insurance, et al.

Description: Plaintiff sued State Farm Insurance and its claims adjuster on multiple theories after an investigation of plaintiff's claim for insurance benefits following a burglary resulted in a report of suspected fraud. The report of suspected fraud was conveyed by a third party to plaintiff's employer. Plaintiff was terminated from his position as a county fraud investigator following the county's separate investigation of the report of suspected fraud. Defendants contended that their report was subject to immunity under the Insurance Fraud Prevention Act and the Civil Code, that the report was not motivated by malice, and that there was no causal link between the report and the plaintiff's termination.

 

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Articles

Drafting Enforceable Sports and Recreation Waiver and Release Agreements

Formation of Sports and Recreation Waiver and Release Agreements in California

Avoiding Express Assumption of the Risk: Common Contract Defenses and Alternate Theories of Liability in California


Sample Cases

McAvoy v. Sears Point International Raceway and American Motorcycle Federation
Plaintiff was rendered paraplegic when his motorcycle impacted a restraining barrier on the track.

Ford, Andrada et al. v. County of Alameda, Alameda County Fairgrounds
Plaintiffs were patrons of the Alameda County Fair on July 4, 1998 when a gang gun battle broke out on the midway resulting in serious gunshot and stampeding injuries to multiple Fair patrons.

Stanley v. County of Napa, Franciscan Vineyards
Plaintiff, an attorney, sustained major head and other injuries when he fell from his bicycle after it hit a culvert at the intersection of a county road and the driveway to our client's winery.

more cases...