Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

Part 2 of yesterday's post.

Tip 6:  Explain the Purpose and Impact of Making Objections on the Record.

We all know speaking objections are not permitted.  But if your client is properly prepared, speaking objections will not be necessary.  Instruct your client that absent any attorney-client privilege, he will have to answer every single one of opposing counsel’s questions, unless the question is unclear or confusing (in which case, as you’ve instructed, your client will say he doesn’t understand the question and ask opposing counsel to rephrase).  But before he answers any question, your client should know that you may be making an objection for the record which may impact the admissibility of your client’s response at trial.  Let your client know that if you’re making an objection, he should wait until you’re finished stating the grounds on the record before he responds.  Unless, you instruct your client not to answer, he should know to answer the question accordingly. 

However, your client should understand that your objections are intended to aid his understanding of the question as well.  For example, if my objection is “vague and ambiguous,” my client should be aware that the question may be unclear, if my objection is “overly broad,” my client should be aware that the question may be loaded and request too much information for a single response, if my objection is “assumes facts not in evidence,” my client should be aware that the question likely contains factual information that my client hasn’t yet agreed to, if I object that a question is an “improper hypothetical” or “impermissible narrative,” my client should know that the question is likely a sloppy summary of his earlier testimony, and if my objection is “calls for speculation,” my client should know that his response should be “I don’t” if he has to guess in order to answer the question.            

Tip:  7:  Conduct a Mock-Deposition.

No matter how much you analyze the facts, review the law, discuss admonitions or build the deposition scene, there is no substitute in deposition preparation for sitting in the seat of opposing counsel and asking your client the tough questions.  Usually after I go over the top 6 Tips listed above, I’m ready to test my client’s listening skills and my teaching abilities.  I choose two to three tough areas at issue in the case and create a list of five to ten bullet points and then start asking questions.  If my client volunteers information, I ask more questions.  I also paraphrase much of what my client says to test his memory.  If my client agrees to a paraphrase that is different from what he testifies, I remind him to listen. 

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This is the first of a two-part blog.  Check back tomorrow for tips 5 through 10.

Tip 1: Make Contact with Your Client. 

If you’re the one defending your client’s deposition, you should be the one to call him and let him know that. You should also let him know when and where his deposition is going to take place. Further, use this call as an opportunity to update your client on the status of the case and explain to him how his deposition fits into the litigation process. Explain the importance of his deposition and the testimony he offers in it; inform him about opposing counsel’s reason for taking his deposition and explain how the deposition may impact the case. At this time, also assure him of your role in the process and how you will be there to assist him get through the deposition. This is your chance to set the tone and inspire confidence in your client which will reduce his anxiety and ensure his allegiance to you at deposition (not to opposing counsel who may try to butter him up to get more information).

Tip 2:  Get to Know Your Client. 

Ask your client about his background and interests before his deposition. Determine if he’s married, single, has children, many friends or a significant other. These people are potential witnesses of which you need to be aware. Moreover, they will likely come up in the deposition, especially if your client has talked to them about the case. Also, determine if your client has been deposed before, and establish the circumstances surrounding that case and deposition. For example, was your client a plaintiff, defendant or third party witness? If your client was the plaintiff, ascertain whether he has filed many lawsuits in the past. If he was the defendant, determine how many times he has been sued, then establish whether the same conduct is at issue in your case. Also, if your matter is an employment case, and your client is no longer employed by the defendant, ask why not. The last place where you want to hear your client was terminated by his employer for stealing company secrets is at his deposition.   

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This article from Tuesday's Huffington Post publicized the highly controversial practices select for-profit colleges across the nation allegedly have been using to lure students to their campuses.  Whether misleading a potential student about their post graduation opportunities, or providing tips on how to fraudulently receive more financial aid, these practices should never be tolerated, and are jeopardizing student's futures. 

Let's not forget about the lawsuit KPA recently settled against Maric College for allegedly misleading their students regarding their eligibility to sit for the American Radiological Technologists (ARRT) Examination after completion of the California Radiologic Technician ("RT") Program. 

What kind of an example are these institutions, which we hold to the highest standard, setting for today's youth? 

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Upholding his promise to develop and promote growth within the plaintiff attorney community, Shawn Khorrami and firm, will host the CAALA New Lawyers Meeting at 6.00 pm on Tuesday, August 17.  Open to all CAALA members, Shawn will lead the meeting with a discuss on handling class action cases.  Drinks and a light dinner will be available to attendees.

For more information on the meeting, and to RSVP, visit the CAALA website.

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Shawn Khorrami and KPA generously donated funds to the Los Angeles County Bar Foundation to support their efforts in providing legal services to Los Angeles residents.

For more information on the Los Angeles County Bar Foundation, and to make a donation, visit:  http://www.lacbf.org

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Shawn Khorrami was quoted in today's issue of the Daily Journal article "Doctors Split on Pulling Diabetes Drug."

The article provides a recap of the recent decision by an FDA advisory panel to not pull the type II diabetes medication off of the market, despite warnings from doctors and scientists.  "We've heard there's at least some agreement between scientists out there that it shouldn't be on the market," Shawn said. 

Shawn and KPA are responsible for approximately 600 individuals who were harmed by Avandia.  Discovery in these cases is currently ongoing and Shawn is hopeful of these cases being resolved shortly.

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Q. What are your hobbies?    A. Flying airplanes, swimming, learning, and travel. 

Q. What is the last book you read?    A. Practical Aviation Law

Q. Favorite musical artist or band?    A. Colbie Caillat and anything Mozart or Beethoven.

Q. What is your ideal Sunday afternoon?    A. Anything active, or reading outside with a cup of coffee. 

Q. Drink of choice to get you through the day?    A. That is simple, Venti Skinny Vanilla Latté. 

Q. Biggest fear?    A. Flying into a Thunderstorm.

Q. What is your biggest inspiration to help our clients?     A. To help people who have been wronged, and set it right. 

Q.  Charity of choice?  Why?    A. Ronald McDonald House.  The work and support they provide for families with ill children is amazing.  I've done some work with their local chapter over the last year, and meeting and spending time with the families has made me realize how important it is to give back.  It is incredible to witness how the littlest effort can make the biggest difference to someone. 

Q. Where did you grow up?    A. Archbold, Ohio

Q. If there is one thing you could do to change the world what would it be?     A. Help everyone realize they have the right and ability to pursue higher education.

Q. Favorite lunch restaurant?  Why?    A. Wolfgang, eat there and you will know why.

Q. How does a day in the office look like for an intake supervisor?     A. Hectic and full of surprises.

Q. Tell us something interesting about your job.     A. I review some pretty interesting new cases; and in doing so, I learn a lot about several issues that I would not otherwise be exposed to. 

Q. What do you find most challenging about your job?    A. Finding enough time in the day.

Q. What do you love the most about your job?    A. I get to work with a great team, and an amazing firm. 

As Supervisor of the Intake Department, Anthony directs the team in charge of collecting client information pertaining to potential claims, which are then transferred to KPA attorneys for review.  Retainer agreements and other pre-litigation correspondence are generated and managed by Anthony and the Intake Department.

Anthony has a Bachelors degree in Aviation Administration from Utah Valley University.  Anthony graduated from ATP flight school in Mesa, Arizona with several FAA pilot certificates including Multi-Engine Commercial Pilot.  He is also a Captain in the Civil Air Patrol, a civil division of the United States Air Force, where he is currently a search and rescue pilot.  Anthony has been with the firm for over a year.    

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Guest post from KPA litigation support clerk, Andrew Wei:

The number of law school applications this year has increased to reach record highs, as unemployed college graduates, as well as laid-off professionals, flock towards what has been traditionally, a glamorous career. Yet, major news publications are preaching doom upon the decline of the legal industry, bemoaning the shortage in the hiring of new attorneys, due to the current economic downturn. Regardless of these warnings, I have chosen to attend law school this upcoming fall.

As a litigation support clerk here at Khorrami Pollard & Abir, I interact directly with our clients, working with their very real problems. Since we are a plaintiff’s firm, our clients are often pitted against corporate giants in personal injury or wrongful death lawsuits. Many have had serious health complications, or are dealing with the losses of loved ones. As such, they have no voice of their own to seek justice for themselves. The services the attorneys provide here leave me inspired and challenged to see what I can do with a law degree of my own.

At KPA, I have gained a better understanding of the practice of law outside of Ally McBeal or Law and Order. Despite the financial insecurity of attending law school in this economy, I know now that practicing law is how I want to spend my professional career, wherever I eventually end up.

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On June 17, 2010, the California Supreme Court denied the petition for review and request for depublication in Pfizer, Inc. v. Superior Court, 182 Cal. App. 4th 622 (2d Dist., 2010). Accordingly, this important post-Tobacco II appellate opinion remains good authority.  Pfizer provides a cautionary tale of attempting to certify too broad a class. The lesson here is to tailor your proposed class definition to the scope and manner in which the alleged misrepresentations were made. 

In Pfizer, a consumer sued a mouthwash manufacturer pursuant to the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) and the false advertising law (Bus. & Prof. Code, § 17500 et seq.). The consumer alleged the manufacturer marketed its mouthwash in a misleading manner by representing the use of mouthwash could replace the use of dental floss in reducing plaque and gingivitis.

The trial court certified a class of "all persons who purchased Listerine, in California, from June 2004 through January 7, 2005." The Court of Appeal granted Pfizer's petition for writ of mandate, concluding the trial court's class definition was overbroad. The Supreme Court granted review. On August 19, 2009, the Supreme Court transferred the matter back to the Court of Appeal with directions to vacate the decision and reconsider the matter in light of In re Tobacco II Cases (2009) 46 Cal.4th 298 [93 Cal.Rptr.3d 559, 207 P.3d 20] (Tobacco II). Having done so, The Court of Appeal again concluded the class definition is overbroad and granted Pfizer's petition.  

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Q: What's your favorite thing to do on your day off?  A: Either hiking with my dog or going to see live music at the Hollywood Bowl.

Q: What’s your favorite song right now?  A: I recently made a very eclectic mix with all the songs that I love right now. It has some new songs along with some old favorites, including: Lady Gaga, Rufus Wainwright, Metric, Arcade Fire, Crosby, Stills & Nash, and Joni Mitchell. It has the perfect song to fit every mood.

Q: What is your favorite food? A: I love French food. My idea of a perfect meal is a cheese plate followed by mussels with French fries.

Q: Who was your favorite TV character when you were younger?  A: Punky Brewster

Q: If you were stranded on a desert island, what three items would you take with you?  A: My ipod, a Kindle loaded with plenty of reading material, and some kind of musical instrument that I would teach myself to play in all the spare time I would finally have.

Q: What are five things you can’t live without? A:  My ipod, my Blackberry, GPS, caffeine, and NPR.

Q: If you had one million dollars, what would you do with it? A: Give to charity and travel the world.

Q: What’s your motto/advice you live by? A: Always welcome a challenge.

Q: Why did you choose to be a plaintiff attorney? A: I was drawn to the idea of being able to seek justice for individuals who had been wronged, regardless of their financial situation.

Q: What is your most memorable case experience? A: Working with clients and other firms all across the country on a Multi-District Litigation dealing with art auctions held on cruise ships. It’s given me new insight on both the art world and the cruise industry.

Q: What do you love the most about your job? A: The fact that I get to have a lot of contact with the clients that I represent which makes me feel deeply invested in the causes we pursue.

Q: Any advice to clients? A: Hold on to all of your documents and keep track of where you put them, even if you don’t think you’ll ever need them… you’d be surprised!

                     Katie can be reached by email at kmcsweeney@kpalawyers.com.

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Shawn Khorrami, the founding partner of KPA, was published this month in California Litigation, the Journal of the Litigation Section, State Bar of California.

In his article, "Growing During Tough Times: Building your Small Firm," Shawn provides the reader insight into how to make a business thrive in cyclical tough times.

“Those who are able to not only survive, but see opportunities in tough times and exploit them, are the ones who come out of economic downturns catapulting past their competitors,” said Shawn.

Supported by his own experience, Shawn’s article offers great advice to all business owners.

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The BP oil spill fiasco is still making headlines, and BP has reported they have collected about 1.8 million gallons of oil over the past 4 days, with the total oil spill rate still not clear. When this disaster first occurred we linked on our site to the latest news on the oil spill.  Now, a month later, ABC News reports BP has bought several search phrases on sites like Google and Yahoo, so the top results direct people to the company’s website. Efforts like these are making it easier for BP to control what the public finds about the issue.

If you have been affected by the oil spill and the situation isn’t clear to you, please contact us here.

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Students who attended the Modern Technology/ Maric College in North Hollywood, California, claimed they were mislead regarding their eligibility to sit for the American Registry of Radiological Technologists (ARRT) examination. The lawsuit argued students were allegedly deceived by the school through the course catalog and course catalog addendum, which stated that after completion of the California Radiologic Technician Program, students would be eligible to sit for the ARRT examination, when they were not.

KPA settled the lawsuit on behalf of the class of almost 100 students for $2.15 million dollars.  Settlement amounts varied, and were determined by a court-approved formula, which included a partial tuition refund and consequential damages for the 22 named plaintiffs.

“Unfortunately these students put in tremendous time, effort and money to attain a goal that wasn’t even an option for them,” said KPA founding partner Shawn Khorrami. “We sought just compensation for their injuries and believe that the resulting settlement is fair.”

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On June 2009, Roche Pharmaceuticals, manufacturer of Accutane, recalled the acne medication after having to defend several lawsuits filed by consumer who had been allegedly harmed by the drug.

The use of Accutane has been linked to the following gastrointestinal injuries:

• Inflammatory Bowel Disease
• Crohn's Disease
• Ulcerative Colitis
• Rectal Bleeding

If you or a loved one has taken Accutane and developed any of these injuries please contact us here to tell us about your experiences.

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A great summer convention we encourage our attorneys to attend is the AAJ Annual Convention.  This year's convention will be held in Vancouver, and will certainly be one of the best attended to date.

Bringing the top trial lawyers from across the country together, the convention is a great opportunity to network and learn about the latest litigation developments.

Thinking about attending? 

AAJ has an excellent blog to give you all of the latest news and information on the convention.

Attorneys, be sure to attend the Women Trial Lawyers Caucus Reception and the Minority Caucus Reception - both are sponsored by KPA, and are two of the best attended events!

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Do you currently, or have you, worked as a bank teller at Chase Bank?

Are you, or were you, employed at a Chase Bank in the State of New York?

If you answered YES to both, we want to talk to you!

Chase Bank may be violating wage and hour laws by making tellers regularly work off-the-clock to perform required duties before and after shifts.

This is a serious violation of employee rights!

Call our office at 866.546.7266 or contact us by email for a free evaluation. You may be owed unpaid wages!

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Earlier this month, KPA attorneys Shawn Khorrami, Bahar Dejban, Maryam Danishwar and Jim Kenna traveled to California's Capital to participate in CAOC's Annual Lobby Day.  California's finest attorneys, and largest consumer rights advocates, gathered to have leading legislators hear what needs to be said.  

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BP Oil Company is making national headlines with it's involvement in a major oil spill which started after an April 20th explosion aboard a drilling rig.  The spill, starting some 50 miles off the coast of Louisiana, has been creeping closer and closer to the Louisiana shoreline - an area that is all too familiar with devastating disasters.  Having still not recovered from Hurricane Katrina, residents of this coastline are fearful once again for the wellbeing of residents and wildlife. 

We want to know how you have been affected by the reckless acts of these companies.  Tell us your story.

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Have you purchased any or all of the products from the Lancóme High Resolution- 3x line, including its High Resolution Refill-3x Day Cream, Night Cream and/or Eye Cream and failed to see the advertised results? Specifically, have you found that the products failed to “[r]efill wrinkles in just one hour!”? Or that the product didn’t live up to the claim that “[i]n 4 weeks, wrinkles appear significantly reduced, as though refilled from within”? Did you find that the claim that “skin is saturated with moisture 94% and looks youthfully plumped” was misleading based on the actual results the product produced?

Please contact us here or by calling 213.596.6530 to tell us about your experiences.

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On Saturday, May 8^th, employees from KPA, along with friends and family, will be walking in the 17^th Annual EIF Revlon Run/Walk for Women.

You can join KPA in the fight against women's cancers by making a donation to our team page. Your donation will help fund important research into the cause and cure of women's cancers, prevention, education and support service programs. Every dollar will help bring us one step closer to a cure.

Los Angeles residents – sign up to walk!

 

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On March 31, 2009, Yamaha Motor Corporation recalled approximately 145,000 off-highway recreational vehicles for repairs due to hundreds of reported injuries and 46 deaths related to several Yamaha Rhino models, including the 450, 660 and 700 model vehicles. According to the Consumer Product Safety Commission, more than two-thirds of the accidents involved rollovers, many of which appear to involve turns at relatively low speeds and on level terrain. Yamaha Rhino ATVs may contain design defects making the vehicle unstable and prone to rollovers.

If you've been involved in an accident involving a Yamaha Rhino ATV, contact us.

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The National Law Journal Legal Pad and the Metropolitan News-Enterprise both reported the news of Elizabeth Hall joining KPA. 

Elizabeth will focus on handling consumer fraud and wage and hour class actions.  KPA handles a variety of cases, including class actions, mass torts, pharmaceuticals, consumer fraud, labor and employment, product liability and toxic tort matters.

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Q:  What is the last book you read?  A:  What is the What

Q:  What is the last movie you saw?  A:  Alice in Wonderland

Q:  What is your dream vacation destination?  A:  Bora Bora

Q:  Quote or mantra to live by?  A:  "Only move forward"

Q:  Who would you say your role model is?  A:  Michelle Obama - I admire her strength.

Q:  Favorite newspaper or magazine?  A:  People Magazine

Q:  Any memorable or interesting court room stories you can share?  A:  Arguing a motion in federal court to seal the courtroom in front of the very individuals I wanted excluded.

Q:  What is one career goal you hope to accomplish by the end of the year?  A:  First-chair a civil case at trial

Q:  What do you feel is the most rewarding part about being a plaintiff attorney?  A:  Turning an idea into law

Elizabeth can be reached by email at ehall@kpalawyers.com.

 

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Today, KPA issued a press release welcoming their newest associate, Elizabeth Hall. 

Elizabeth will focus her time at KPA on consumer fraud and wage and hour class actions.  She brings several years of experience to the firm and is committed to join in their fight to protect those individuals who have been wronged.

Elizabeth obtained her Juris Doctor from the University of San Francisco School of Law, and her Bachelor of Arts in English Literature, with a minor in Philosophy/Latin, from the University of California, San Diego.

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Client Trust Accounting: A Snapshot of What Lawyers Need to Know
Adam Kerns, J.D., C.P.A.

Many attorneys feign interest when dealing with anything involving numbers or calculations; however, all attorneys must follow a few basic principles when handling client money. Client trust accounting, defined as the actual accounting done by attorneys with regard to money held in trust (i.e. in an IOLTA), means more than simply depositing money into that IOLTA. Attorneys must keep detailed records and an up-to-date accounting of each client’s money held in trust.

The California Rule of Professional Conduct 4-100 does not lay out a detailed set of record keeping requirements, rather it simply requires that an attorney maintain sufficient records to enable a detailed accounting of all money being held in trust for a client at any given time. Whether or not you personally maintain the bookkeeping for the trust accounts or employ someone to do so, you remain personally liable, as the attorney, for any money held in trust.

What happens when the attorney receives money related to a client?
All money received from a client or on behalf of a client must be deposited into a trust account until the attorney completes a proper accounting of the money. If the attorney receives property, other than money, on behalf of a client, the attorney must label the property, identify the property in written records, and maintain the property in a safe location (e.g. safe deposit box). The trust account must be maintained in California unless the attorney receives consent in writing from the client to keep the money elsewhere. Attorneys should promptly notify clients upon receipt of money held in trust. No money belonging to the attorney or to the attorney’s law firm can ever be deposited into the trust account. No commingling is permitted.

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The latest edition of the AAJ Minority Caucus Newsletter had a special article from KPA 's own Neda Sargordan.  Her article "AAJ and the Minority Caucus - Paths to a Fulfilling Legal Career" discusses the all too familiar "I'm too busy to get involved" argument brought about by most attorneys, and sets the record straight that no, you are never too busy to further your legal career.  Read her article and find out what benefits she has gained since joining the AAJ Minority Caucus and how getting involved isn't the hassle you may think it is.

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On March 24, Employment Law360 reported on Judge Paul G. Gardephe of the the U.S. District Court for the Southern District of New York and his decision to deny a request for dismissal from Rite Aid in the Naula et al v. Rite Aid of New York Inc. et al case. Rite Aid claimed the suit was duplicative to another suit, thus requesting for dismissal. KPA associate Matt Bailey is one of the lead attorneys representing the plaintiff and is quoted in the article.

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If you are a client of the Katrina Canal Breaches Consolidated Litigation pertaining to Barge ING 4727, don't forget all case updates and court documents can be found on www.BargeCase.com.

We are always here to help, if you have any questions please call our office today - 866.546.7266.

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Maryam Danishwar may be one of the youngest attorneys at KPA, but that hasn’t stopped her from being one of the most active attorneys within the plaintiffs’ bar. You are guaranteed to see a whole lot more from her in the future, so get to know her now…

Q: Where were you born? A: Afghanistan

Q: What is your favorite quote?  A: A bank is a place where they lend you an umbrella in fair weather and ask for it back when it begins to rain. Robert Frost knew all about student loans.

Q: What is your favorite candy bar?  A: Almond Joy, it’s the blend of my three favorite ingredients.

Q: If you could have any super hero power, what would it be?   A: To freeze time.

Q: Favorite sports team?  A: The Los Angeles Lakers, I am a diehard purple and gold blooded fan.

Q: Favorite athlete?  A: Nick Van Exel (aka Nick the Quick) ever since his days in Cincinnati.

Q: What CD is playing in your car right now?  A: Rotation of Alicia Keys – The Element of Freedom and Shakira – She Wolf

Q: What is your favorite movie?  A: My Cousin Vinny

Q: Favorite law show on TV?  A:  The Practice

Q: Tell me about your involvement with CAALA, CAOC, AAJ and the LA County Bar Association. A: CAALA:  I’m in the New Lawyers Committee;  CAOC:  I’m a part of the Women’s Caucus;  AAJ: I’m a part of the NLD;  LA County Bar:  I volunteer at the Domestic Violence Project (DVP).

Q: Why do you think it is so important for attorneys to get involved within their industry?  A: To shape the industry to not only fit their needs but to also allow them to pursue their goals.

Q: Most valuable lesson you have learned since becoming an attorney?  A: Question everything.

Q: Do you work best in the morning or at night?  A: Morning by far.

Q: Best part about being a plaintiff attorney?  A: The human aspect of it.  There’s a lot of client contact involved in this field which allows you to see and understand who you’re helping.  There’s a great deal of satisfaction that comes from plaintiffs work.

Q: If you weren’t an attorney, what would be your next career choice?  A: Sports Analyst for Fox Sports West

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The latest edition of the KPA Monthly Update was released yesterday to subscribers.

This month's issue includes these articles from the KPA staff:

Katie McSweeney - "The California Supreme Court's Holding in Schacter v. Citigroup: A Minor Victory for Employers and a Cautionary Tale for Employees"

Neda Sargordan - "Medical Device Safety Act - A Fight Against Corporate Immunity"

Adam Kerns, J.D., C.P.A. - "Client Trust Accounting: A Snapshot of What Lawyers Need to Know"

Didn't get this month's edition?  Join our mailing list now - it's free!

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Bank overdraft fee cases across the country are moving forward after U.S District Judge James Lawrence King dismissed requests from banks to stop overdraft lawsuits.  As reported in Saturday's Miami Herald, customers are taking action against many of the country's most popular banks for manipulating the way charges are posted to bank accounts, triggering overdraft fees to apply to accounts when they shouldn't.

If you have been a victim of deceptive banking practices, check out this blog for more information.

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KPA founding partner, Shawn Khorrami, was published this month in one of the top legal publications in Southern California, Advocate Magazine.

His article, titled "Representing Plaintiffs in Mass-Tort Cases," leads practitioners through simple tips and steps to remember when handling cases with a large client load. 

Pass along to a colleague after reading, Shawn's advice is great for attorneys at all levels!

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Here are some great legal blogs I have come across this year.  Take a minute and check them out:

ProtectConsumerJustice.org:

Latest information and developments in consumer law, with a focus on the civil justice system, environmental protection, medical negligence, political influence, tobacco, tort reform and vehicle defects.

Bailey’s Class Action Daily:

A great source of news and discussion on class action issues, both in California and nationwide.

Drug Injury Lawyer Blog:

Catch the latest news and progress in pharmaceutical and medical device litigation from the experienced attorneys at Pogust Braslow and Millrood.

The Super Lawyers Blog:

For the latest updates on the top practicing firms and attorneys across the country.

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This article, "Concerns Over 'Metal on Metal' Hip Implants," from Wednesdays New York Times, highlights the ongoing discussion and alleged danger of using certain hip replacement devices. 

Doctors aren't happy with the performance of many 'metal on metal' devices, and advise caution to other doctors and patents considering these systems.  Some devices have been recalled, and many are being replaced due to continued complications.  Learn more about metal hip implant devices, like the Zimmer Durom Cup.

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In a press release issued last Friday, KPA announced their sponsorship and leadership commitments for the first half of 2010. 

Not only devoting money to sponsor events such as the Capitol Hill Reception at the upcoming AAJ Minority Caucus Lobby Days and the Keynote Lunch featuring Roger Dreyer at the CAOC Tahoe Seminar, KPA also vows to dedicate thought leadership through judging the AAJ Student Trial Advocacy Competition, presenting at the CAOC Tahoe Seminar, and contributing articles to the AAJ Women's Caucus and Minority Caucus Newsletters.

Look for the KPA attorneys at each of these amazing events.  They continue to dedicate themselves to developing programs that create discussion between plaintiff attorneys across the country, will you?

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• AAJ's Minority Caucus Lobby Days in Washington, DC - March 10 - 11
• CAOC's Tahoe Ski Seminar - March 19 - 20
• CAOC's Women Caucus Reception in Sacramento, CA - May 3
• CAOC's Lobby Day in Sacramento, CA - May 4

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Coverage on the popular GlaxoSmithKline medicine, Avandia, has recently sparked due to a new Senate report.  Although hundreds of individuals suffer each month from the dangerous side affects associated with the drug, the drug still remains on the market.  A better look at these latest developments can be read in this NY Times article - "Research Ties Diabetes Drug to Heart Woes". 

Shawn Khorrami and James Kenna of KPA have been appointed to the JCCP Steering Committee for Avandia, and will continue to fight on behalf of those injured individuals. 

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Get to know KPA Senior Associate, Jim Kenna:

Q: Where are you from?  A: I was born and raised in a small village in Ireland.

Q: How long have you been in the United States?  A: I moved to California in 1984.

Q: Are you on Team Conan or Team Leno?  A: Most definitely....Team Conan!

Q: Best song of all time?  A: "I still haven't found what I'm looking for" by U2

Q: Starbucks drink of choice?  A: Grande latte

Q: Favorite Superhero?  A: Batman

Q: Favorite sports team?  A: Manchester United - English Premier League Soccer team.

Q: Saying to live by?  A: "The true test of character is doing the right thing, when nobody is looking."

Q: Favorite television show?  A: Boston Legal.

Q: Favorite fictitious lawyer?  A: Atticus Finch from To Kill a Mockingbird.

Q: Tell us a little bit about your experience building houses in the Lower Ninth Ward of New Orleans with other KPA employees through LowerNine.Org.  A: It was one of the most rewarding and fulfilling experiences of my legal career to date.  Not only am I representing these victims of Katrina in the courtroom, but I was also able to make a tangible difference for some families by physically helping to construct a home for them.

Q: What made you want to practice law?  A: I wanted a career that was intellectually challenging and at the same time could effect positive change in society.

Q: Favorite part about being a plaintiff lawyer?  A: It is the idea that we are always fighting for the underdog and trying to even the playing field for those less fortunate.

Q: Any advice to clients?  A: Be patient because litigation can be a drawn out process.  Be upfront about anything negative in your case, and we will work hard for you.

Q: Advice to first year attorneys?  A: Ask questions, but also have done some research into potential answers.  Don't fear being wrong.  Eventually you will find your niche in your firm and your profession.

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In this month's edition of Employment Law Strategist, you can find Matt Bailey's article "Class Litigation of Meal and Rest Period Claims: May Meal and Rest Period Claims Be Certified in a Post-Brinker World?'"

In his article, Matt reviews Brinker Restaurant Corp. v. Superior Court, California's Fourth District Court of Appeal, and how it substantively altered the wage and hour landscape through its conclusion, and how California meal and rest period regulations only impose a passive obligation on employers to make breaks available.

For the latest on California and National Class Action news, follow Matt's blog - the Bailey Class Action Daily.

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Current and past Office Max Managers may be owed unpaid wages if they were classified as a Manager and performed non-managerial duties more than 50% of the time.

All employees have enforceable rights and deserve to be paid fairly. 

KPA CAN HELP.  We are experienced in all aspects of employment law and have extensive knowledge in litigating employment-related claims such as employment discrimination and misclassification, and wage and hour violations.

If you, members of your family, or friends may have a claim, contact us immediately.

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In re Tobacco II Cases almost one year later:
A boon for California Consumers, or a bust?

Perhaps no opinion has had more impact on class action litigation in the last year than the California Supreme Court’s decision in the Tobacco II Cases. In less than a year, however, several of the Court’s core findings have been diminished by subsequent interpretation. Matt Bailey examines subsequent treatment of Tobacco II by lower courts, providing insight on some of the current pitfalls in pursuing a class action under the deception prong of the UCL.

To read the full article featured in Advocate Magazine on pages 54 - 61, click here.

For the latest updates on California and National Class Action developments, follow Matt Bailey's Blog: Bailey Class Action Daily.

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If you have taken YAZ®, YASMIN® or OCELLA® and suffered from:

- HEART ATTACK

- STROKE

- DEEP VEIN THROMBOSIS (DVT)

- PULMONARY EMBOLISM

- GALLBLADDER DISEASE

Contact us immediately!

YAZ®, YASMIN® and OCELLA® have been linked to these serious side effects. If you or a loved one has suffered from any of these life-threatening injuries, you may be entitled to compensation!

Call 213.596.6530 or use our Contact Us page.

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Though passing the bar was one of the happiest moments of my life, it was also a frightening realization that I was a lawyer. I was a lawyer. Now I had to know everything. I had to be able to file a case, try it, win it or take it to the Supreme Court….okay so I exaggerate a little, but at the moment the pressure felt that big. I felt like a rookie at the free throw line with the game on the line and trade talks around the corner.

Despite the fact that I worked for my firm as a law clerk for a year and a half before becoming an attorney, I was still nervous and anxious about the responsibilities I would take on as a first year associate. I immediately felt compelled to print old outlines from my Civil Procedure and Torts courses, to bring out all my Examples and Explanations (a.k.a. E&E’s), and to read the Daily Journal every day to become more “lawyerly”…so that I could speak the language that my bosses spoke and actually understand them. I didn’t want to disappoint them or make them regret hiring me. I refused to be the Kwame Brown of my firm. 

Although my supervising attorneys were excellent teachers and mentors, I wanted to impress them with brilliant knowledge that I stole from someone else and passed off as my own. I wanted them to think that they signed a Kobe Bryant or a Dwayne Wade, even though I felt like an Adam Morrison. 

So, I started to search for knowledge. I began attending networking events hosted by the Consumer Attorneys Association of Los Angeles, the Consumer Attorneys of California, and the American Association for Justice. After a few events, I learned that each of these organizations provide a subcommittee or caucus that could be beneficial to me as a new lawyer. Each of these organizations provide materials, programs, and services, aimed at helping to develop new lawyers and their skills in this profession. 

The CAALA New Lawyers Committee is geared toward Consumer Attorney Association of Los Angeles members who have been admitted to practice for less than 10 years.  The committee provides "professional networking, inspiration, professional development, and political awareness of the larger issues that face our profession and the justice system as a whole."  The committee meets once a month where they host either a speaker series or a Q&A session with a judge. Speaker topics range from building your firm, to discovery, to trial preparation, to handling mass torts cases and class actions. The committee also has booklets and handouts on various topics which are beneficial to a new trial lawyer.

What I’ve taken away from this committee is that I don’t need to know it all. In fact no one knows it all. There are attorneys in this group who have been practicing anywhere from 1-10 years who still need help and aren’t ashamed to ask for it. The great thing is that everyone in this group is ready and willing to help or provide guidance. I encourage all new attorneys to consider joining this group. The next New Lawyers Committee meeting will be held on February 16, 2010 at the CAALA office. The featured speaker is Jack Denove who will be speaking on “Admitting Documents at Trial.”

The Consumer Attorneys of California Women's Caucus is another organization that has been instrumental to my development as an attorney, most importantly as a female attorney. The Women’s Caucus was formed to not only further the mission of CAOC itself but also to provide a means to leadership for women members. The goal of this caucus is to “provide a forum to assist women in forming professional relationships, create mentoring opportunities, sponsor social events, and create and implement strategies for increasing the number of women in the profession, as well as in CAOC membership.”

Though I have only recently become more involved in the Caucus, it has thus far provided me with an idea of what I can do as a female trial attorney to shape this profession to fit my goals. It has provided me with examples of women that I can look up to and reach out to as mentors. More importantly, it has shown me avenues of getting my voice heard to implement the changes I want to see in this profession. Their next event will be the Women Networking Reception on February 25, 2010, at the Ninth Circuit Court of Appeals.

During my first year as an attorney I took on Los Angeles through CAALA and California through CAOC. Now that I’ve become a second year attorney I feel like I’ve graduated to a new level and will take on the nation through the American Association for Justice (AAJ)….more specifically through their New Lawyers Division. AAJ’s ultimate goal is to promote a fair and effective justice system on a national level. “The [New Lawyer] Division works with AAJ to encourage continuing education, scholarships, and increased proficiency by developing and advancing affordable programs, materials, services, and products specifically designated to assist and benefit New Lawyers.” I expect that I will benefit from this organization the same way that I have from the aforementioned groups, but on a national level. I am most excited about utilizing the Document Library to find discovery, motions and briefs or other pleadings to guide me with my cases.

After a year and two months of practicing law I’m still not ready to go to the Supreme Court, but the difference now is that I know I don’t have to be ready. I don’t need to be Kareem Abdul Jabbar right away. I'm content with being Andrew Bynum, new to the game but with so much potential to make it my own……and these organizations will provide me with the tools necessary to do that.

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Have you been allowed to continue charging to your bank debit card, even though insufficient funds were available in your account? After being able to make a charge with insufficient funds, have you found your bank has charged an overdraft fee upwards of $35? Overdraft charges can easily add up to hundreds of dollars without you knowing it!

If you have been INVOLUNTARILY enrolled in overdraft protection services, you may be eligible to seek compensation!

You may also be eligible to seek compensation if you enrolled in overdraft protection services and found the terms of your service to be false, misleading or deceptive.

If you have been the victim of deceptive bank overdraft protection practices, contact us here or by calling 213.596.6530.

This is not an issue of banks applying current debits to your account in reverse order of their value, and not the chronological order in which they were made, this is an instance of banks using deceptive practices to apply overdraft protection to your account.
 

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Keep up with the latest developments in plaintiff-litigation!  Follow this link to the KPA Newsroom page and subscribe to the KPA Newsletter by entering your contact information on the right side of the page!

Read the latest edition of the KPA Newsletter NOW!

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In January 1999 Merck began their Vioxx Gastrointestinal Outcomes Research (VIGOR) study which compared Vioxx to naproxen, which is the active ingredient in some brand name pain relievers. At the conclusion of the study it was not only apparent that there was a lower incidence of gastrointestinal events in patients being treated with Vioxx , but more significantly there was a higher risk of cardiovascular events in those same patients. On March 27, 2000 Merck issued a public statement explaining those results:

Among patients treated with Vioxx, there was significantly reduced incidence of serious gastrointestinal events compared to patients treated with naproxen…………In addition, significantly few thromboembolic events were observed in patients taking naproxen in this GI outcomes study, which is consistent with naproxen’s ability to block platelet aggregation. This effect on these events had not been observed previously in any clinical studies for naproxen. Vioxx, like all COX-2 selective medicines, does not block platelet aggregation and therefore would not be expected to have similar effects.

Continue reading by clicking here.

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The United States Constitution acts to guarantee fundamental rights concerning conditions of confinement and treatment for all criminal defendants sentenced to U.S. prisons. Pursuant to the Eighth Amendment of the U.S. Constitution, individuals convicted of a crime have the right to be free of cruel and unusual punishment while in prison. While no universal definition exists of what constitutions “cruel and unusual” punishment, it is settled that any punishment that is clearly inhumane or that violates basic human dignity may be deemed “cruel and unusual.” Typically, an inmate’s Eighth Amendment complaint regarding punishment and confinement conditions are brought in connection with federal civil rights laws, including the Prison Litigation Reform Act (PLRA), 18 U.S.C. §3626, and 42 U.S.C. §1983.

Continue reading Galorah's article as published in the January KPA Newsletter here.

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An often-stated principle in class certification law is that the class certification motion is not a motion on the merits; the merits of the case are distinct from the analysis of the class certification requirements. However, in practice, the line between a class certification and merits is blurred. Two recent California Court of Appeal cases illustrate this point.

In Ghazaryan v. Diva Limousine, Ltd., 169 Cal. App. 4th 1524 (2009), the employee drivers filed a lawsuit challenging Diva’s policy of paying its drivers an hourly rate for assigned trips but failing to pay for on-call time between assignments, referred to as “gap” time. The trial court denied plaintiffs’ motion to certify two overlapping subclasses, one based on Diva’s alleged failure to pay earned overtime and straight time and a second targeting Diva’s failure to provide mandatory rest breaks. The denial focused on the potential difficulty of assessing the validity of Diva’s compensation policy in light of variations in how drivers spend their gap time. Diva had submitted numerous employee declarations stating that drivers typically used unpaid gap time for their own purposes such as working out at a gym, napping or eating at home or running personal errands. The trial court’s order denying certification, however, suggested that if plaintiffs’ claims are valid, class treatment of those claims is appropriate, but stated that the court must first determine if Diva’s practices are improper and, if so, which drivers fit into the appropriate class.

Read the remainder of Robert's article as published in the January KPA Newsletter here.

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DID YOU KNOW…

If you are unable to work or maintain a job due to a physical or mental impairment or condition, you may be eligible for Social Security Benefits. 

If you or someone you know have filed a claim for Social Security Benefits and you are not represented by an attorney, contact us. Even if you have been denied benefits before, we may be able to help you. 

Contact KPA immediately.

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Putting its values in action is central to what makes Khorrami Pollard & Abir unique and successful as a plaintiff firm. “An essential part of our values as a firm is meaningful engagement in issues important to our firm and our profession,” says KPA founding partner Shawn Khorrami.

Press releases issued today illustrate the firm’s commitment to essential social services, and to professional development for women in plaintiff law.

Shawn Khorrami, founding partner of the firm, has been elected to the Board of Directors of AIDS Project Los Angeles (APLA), one of the largest non-profit AIDS service organizations in the country. His dedication to promoting public health and welfare is apparent not only through this accomplishment, but through his firm’s continued successes over large pharmaceutical companies who have wrongfully injured individuals across the country.

Bahar Dejban, an associate at the firm, has been named to the Board of Governors of the New Lawyers Division of the American Association for Justice (AAJ). Her dedication and role as a leader within AAJ has set precedent for other plaintiff attorneys across the country.
 

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View the AAJ Women Trial Lawyers Caucus Newsletter here, and read Bahar Dejban's complete article "The Legal Profession as I Now Know It" on page 11.

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Consumers have paid upwards of $100 for cables whose performance is equal to a standard $10 six-foot HDMI cable. Many electronic stores and manufacturers have made claims that these “premium” cables outperform standard cables. However, many well respected third party reviewers, such as cnet.com contend that this isn’t necessarily the case. “Do you really need to spend that much money on a single HDMI cable? Absolutely not – those cables are a rip-off” says CNET. “And despite what salesman and manufacturers might tell you, there’s no meaningful difference between the $10 cable and the $50 cable.”

Cases where consumers have been mislead about the quality of the cables, and extreme up-selling has also been happening more frequently than not. According to engadgethd.com “Upon further inspection, he realized that the difference in picture quality wasn't due to the gold-plating or fancy braiding, but rather the use of composite cables on the non-Monster TV.” And according to gizmodo.com “While Monster cables are of good quality and engineering, when it comes to digital signals, specifically HDMI cables, we know that its a better idea to buy a $5 dollar HDMI cable today, and then when bandwidth requirements go up in future specs of HDMI, just buy another $5 cable then. It's a lot cheaper than $100 HDMI cables from Monster.”

If you have experienced any of these practices, contact us immediately. Practices such as these are misleading to consumers and are leaving them with no choice but to pay premium prices for unnecessary high-end cables.
 

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KPA Moves Forward in Complex Litigation on Behalf of Women with Breast Cancer Linked to Premarin and Prempro

Two multi-million dollar verdicts in Philadelphia last week against pharmaceutical company Wyeth, a division of Pfizer, reinforce that juries are consistently finding the company responsible for breast cancer in women who took its Premarin and Prempro hormone replacement therapy (HRT) drugs.

And just last month, a ruling from the 8th Circuit Court of Appeals confirmed that Wyeth did wrong, and that juries should be permitted to hear this evidence and determine whether the company should be punished.

In the verdicts announced last week, juries awarded Donna Kendall of Decatur, Illinois $6.3 million in compensatory and $28 million in punitive damages, and Connie Barton of Peoria, Illinois $3.7 million in compensatory and $75 million in punitive damages.

Through an ongoing federal multi-district litigation mass tort action, Wyeth still faces lawsuits from more than 10,000 women nationwide who claim that the company’s drugs caused their breast cancer. Of the 12 verdicts announced to date, plaintiffs have been awarded money in 10 of the cases. Every jury that has been permitted to deliberate on punitive damages has returned substantial awards.

To date, winning plaintiffs have been awarded a total of more than $42 million in compensatory and $165 million in punitive damages. In addition, 13 women have settled their HRT claims with Wyeth or Pfizer outside of court.

Shawn Khorrami, founding partner of KPA, is a member of the Plaintiffs’ Steering Committee for the MDL litigation team, and his firm represents around 150 individuals pursuing cases against Wyeth.

A press release on the firm’s involvement with the litigation was released today. For more information on the Barton and Kendall verdicts watch the video below.
 

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My Q&A with Bahar Dejban:

Q: What's on your ipod right now?  A: Everything from Cat Stevens to Rihanna or The Animals

Q: What is your TV character personality?  A: Monica from Friends

Q: What is the last blog you checked out? A: Bailey's Daily

Q: What's your work drink of choice? A: Iced Caramel Macchiato from Starbucks

Q: What's your favorite book? A: King of Torts. I read it in 2 days.

Q: Tell me about your involvement with CAOC? A: I was recently elected to be Secretary of the Women's Caucus and will be playing an active role in forming the New Lawyers Committee.

Q: Why did you chose to take on these roles?  A: I enjoy being involved with CAOC, the people in the organization are great and it is important to have a platform for attorneys to be heard.  This is one of the best ways for attorneys to stand out and create relationships they may not otherwise have had the chance to build. 

Q: What do you hope to walk away from these roles with? A: Long lasting relationships - personal and professional.

Q: What is your advice to new lawyers? A: Get involved.  The reason I want to be involved with the New Lawyers Committee is to provide new attorneys and students an opportunity to be involved earlier in their career.

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This past weekend the KPA attorneys attended the Consumer Attorneys of California (CAOC) Annual Convention in San Francisco, where they learned about the latest developments in consumer litigation. Highlights of the weekend included the Women’s Caucus Reception, Senator Barbara Boxer fundraiser, and Rick Friedman keynote lunch.

What’s the next CAOC event? The Hawaii Travel Seminar in Maui, Hawaii!

What can attendees expect at this seminar? A great line up of panels – Shawn Khorrami moderates Tuesday’s panel, and Wednesday he presents “How to Litigate Natural Disaster Cases – Handling Masses of Clients.”

For more information on how to attend these great events, visit the CAOC website.
 

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The CAOC 48th Annual Convention is being held this week, November 12 - 15, at the Fairmont Hotel in San Francisco.  This is a great event to meet other CAOC members, hear presentations from top attorneys in the industry and attend spectacular events.

Shawn Khorrami is this year's Convention Chair, as well as moderator for the Class Actions and Mass Torts Session.  He will also be presenting during the Leaving Your Comfort Zone Session and Miracle Growth for Your Practice Session.  A clip of Shawn's presentation at the CAALA Las Vegas Convention can be seen below, or the entire presentation can be purchased through CAALA. 

KPA co-chair of the Class Action Practice Group, Robert Drexler, will also be presenting during the convention, during the Class Actions and Mass Torts Session.  His presentation will cover "Getting your Case Certified."

In addition to attending Shawn and Robert's presentations, check out these premier events sponsored by KPA:

- 11.12.09 Women's Caucus Reception

- 11.13.09 Senator Barbara Boxer Fundraiser

- 11.14.09 Keynote Speaker Lunch featuring Rick Friedman

- 11.14.09 Annual Installation and Awards Dinner

See you in San Francisco!

Please note: the video presentation above was originally recorded at the 2009 CAALA Las Vegas Convention. (C) 2009 Consumer Attorneys Association of Los Angeles.  All rights reserved.  Reprinted with permission.

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Co-head of the KPA Class Action Practice Group, Matt Bailey, has an article in this month's issue of California Lawyer.

The article, Class Notice in the Electronic Age, covers the intriguing debate of handling class notice in a near paperless society. 

More from Matt Bailey can be found on his blog, the Bailey Class Action Daily.

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The Law360.com employment article “Analyst Wins Conditional Cert. in L-3 FLSA Dispute” reports on the recent conditional collective certification by the U.S. District Court for the Middle District of Pennsylvania in the case of Regelman v. Level 3 Communications LLC. Khorrami Pollard & Abir LLP and Pogust Braslow & Millrood LLC represent plaintiff Rose Regelman in the case, accusing Level 3 Communications LLC of allegedly misclassified analysts as exempt from federal overtime pay regulations.

Read the entire article by visiting Law360.com.

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Three reasons why you should read the November KPA Newsletter:

1.  It is the best place to learn about the latest developments in plaintiff litigation.

2.  KPA attorney's Becki Kammerling, Nancy Gardner and Roxanna Tabatabaeepour are this month's featured authors.

3.  See what other top attorneys across the state are reading!

Subscribe to the KPA Newsletter by going here!

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The plaintiff’s deposition can make or break your case. At the conclusion of the testimony, the defense will have a lasting impression of your client and the likely impact their testimony will have on a jury. A well prepared, well educated client is the key to a successful deposition.  Here are a few tips:

        1. Educate the client about the process.  Most clients have never been deposed and have no idea what to expect. Explain the court reporter’s role, where the client will sit, where you will sit and where defense counsel will be seated.  If the deposition is to be videotaped, explain the set-up including how to handle the microphone. In the case of multiple defendants, explain the order of questioning and the fact that they will not be required to repeat testimony already rendered with each subsequent questioner. 

        2. Explain that a deposition is not a conversation.   As attorneys, we are justifiably concerned our clients may volunteer information they were never asked about. Impress upon your client that a deposition is a question and answer session with answers given under oath.  It is not a conversation. Let them know they are under no legal obligation to fill any silence in the deposition by speaking, unless there is a question pending.  

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KPA Founding Partner, Shawn Khorrami, was published in the Prairie Barrister - the official publication of the Nebraska Association of Trial Attorneys. 

His article "Building Your Firm - Growing During Tough Times" covers the basics of running a large practice during tough economic times.  Shawn posses first hand experience in doing so - he founded KPA in 1996 as a solo practice, and has since grown it into one of the largest plaintiff-only firms in California.

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TEAM KPA RAISES FUNDS AND AWARENESS FOR AIDS PROJECT LOS ANGELES (APLA) AND THE 25^TH ANNUAL AIDS WALK LOS ANGELES

KPA has committed to being a part of this year’s AIDS Walk LA in a big way – and so should you! The firm’s employees have joined together to create TEAM KPA and will raise funds and walk together in the AIDS Walk on Sunday, October 18^th in support of APLA. Having raised almost $10,000 to date (and still raising more!) – Team KPA has raised enough to be in the top 20 fundraising teams! Follow our fundraising efforts through our team page.

WHAT IS APLA ALL ABOUT?

APLA is dedicated to: improving the lives of people affected by HIV disease; reducing the incidence of HIV infection; and advocating for fair and effective HIV- related public policy. The organization aspires to be a leader in the development and provision of multidisciplinary, high quality, cost effective initiatives designed to stop HIV transmission and to reduce the human suffering caused by HIV/AIDS.  

AIDS Walk Los Angeles

Date: Sunday, October 18

Time: 8.30 Sign-In, 10.00 Walk Begins

Location: West Hollywood Park

Length: 10K/6.2 miles

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In Zaragoza v. Ibarra (2009) 174 Cal.App.4^th  1012, the Court clarified the issues of homeowner liability to workers hired by non-licensed contractors, and addressed the limitations on worker’s compensation as an exclusive remedy in cases dealing with employees in a residential setting.

Homeowner Maria Ibarra engaged Claudio Quiroz, an unlicensed contractor, to construct four room and two bathrooms on her premises. Quiroz hired Eliazar Zaragoza to assist him. Zaragosa was an employee of Taco Bell. Zaragoza was injured on his second day on the job. Zaragoza slipped off a ladder while trying to pull a nail out of the wall. He fell approximately nine feet and injured his knee. He sued Ibarra. The trial court granted Ibarra’s motion for summary judgment and the appellate court affirmed.

The Court held that Zaragoza’s claim qualified as “incidental to the ownership, maintenance or use” of a residential dwelling, despite the fact that the scope of the work comprised an extensive remodel. Zaragoza was classified as a residential employee under Labor Code Section 3351(d). When the worker has worked less than 52 hours in the 90 days prior to the accident, the law is clear that any claim the worker has against the homeowner for the injury is outside the ambit of the worker’s compensation system. Labor Code Section 3351(d). The worker may bring a claim against the homeowner for negligence.

The Court held that the provisions defining who qualified as a residential employee under Labor Code Section 3351(d) must be reconciled with the provisions of Insurance Code Section 11590, which requires that all personal liability policies provide worker’s compensation coverage. The Court further held that Cal-OSHA regulations did not apply to homeowners. Zaragoza could not rely on the doctrine of negligence per se (a violation of a statute) based on alleged Cal-OSHA violations.

Moreover, the Court concluded that as a matter of law there was no triable issue of fact concerning Ibarra’s negligence, since he positioned, adjusted, and climbed the ladder before he fell. There was nothing Ibarra could have done to prevent the accident. Zaragoza’s injury was entirely his own fault, and Ibarra exercised ordinary care under the circumstances.

Homeowners should be weary of non-licensed and day laborers who carry no worker’s compensation insurance. Whether it is a painter, gardener, landscaper, or handyman, ask yourself the question: Does the gardener carry his own liability and Workers' Compensation insurance? Otherwise anything that happens on your property is your responsibility. An insured gardener may charge a bit more, but is worth the peace of mind. Next time you hire anyone to perform services on your property, make sure that person is insured, something not many homeowners think or contemplate but merely roll the dice. Make the individual working on your home produce a copy of his liability insurance certificate, and make sure it is current.

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Follow KPA senior associate and co-head of the class action practice group, Matt Bailey, on Twitter!  For up-to-the-minute news on class action trends, and legal issues nationwide,follow @CalClassAction.
 

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Subscribe to KPA senior associate Matt Bailey's blog today to get your daily dose of class action legal updates.

Bailey Class Action Daily is the newest source of news and discussion on cutting edge class action issues across the US! 

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In my relatively new legal career I have only had one opportunity to argue in front of a federal court judge and I remember the experience vividly. That being said, it shouldn’t come as a surprise that when I saw his picture in the news recently it grabbed my attention. However, after reading the article I realized that the first time I had argued in front of Judge Stephen G. Larson would also be my last. Judge Larson has announced that he will be stepping down on November 2, 2009 to enter the private practice.

The reason for this move…the $169,000 salary.

Judge Larson is one of a number of judges from the Central District of California to step down for financial reasons. From 1998 to August 2009, seven federal district court judges have stepped down for higher pay.Some even stepping down to state judicial positions, which apparently consist of a higher salary.

Although his salary may seem pretty high compared to what the average Californian makes, in the legal world, not so much. I have friends and colleagues who were getting paid the same if not more than that in their first and second years out of law school. Some, ironically, from firms like O’Melveny & Myers, where Judge Larson started his legal career at.  

It seems that the prestige and honor that comes with being appointed a District Court judge sometimes fades when the reality of the monetary value put on that appointment kicks in. It seems to beg the question of whether this would deter people who otherwise would be wonderful assets to the bench from ending up there, or in the alternative, remaining there.

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Check out the KPA October 2009 Newsletter which includes articles by associates Katie McSweeney, Abi Gnanadesigan and Deborah Khantamour.

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...you learn something new every day!  Yesterdays post included lessons one and two, today's post will continue with lessons three and four:

Lesson 3: Demonstrative evidence is very important. This case involved dry testimony about appraised values, “comparable sales” and square footage. The homeowner’s appraiser testified purely from a report without the assistance of demonstrative evidence. It fell flat for most jurors. On the other hand, the LAUSD appraiser’s testimony was presented with photos of the homes that were used in her appraisal report and colorful charts and maps, all of which kept our attention when she testified late in the day and which we frequently referred to in the jury room. Even the more rudimentary demonstrative evidence was helpful. Both attorneys made handwritten charts on butcher paper that helped clarify the testimony. These charts were posted on the bulletin board in the jury room.

Lesson 4: Most in the jury reached a conclusion early, largely on a gut reaction. We started our deliberations by asking everyone to provide “pros and cons” about the two witnesses. (It was obvious that virtually all jurors had paid close attention during the trial.) After that, as the end of the first day neared, one juror observed that there was one property common to both appraisals as a “comparable sale” and that if we used the square footage sale price for that property multiplied by the square footage of the Plaintiff’s home that the value was $400,000. Eight of the jurors quickly announced that this was their verdict. One juror almost provided the ninth vote which would have resulted in a verdict after only 2 hours of deliberations. I sensed that almost all jurors were critical of both appraisal reports but found the LAUSD appraiser to be more credible and were searching for a formula or rationale to reach a number in between the two appraisals but more in line with the LASUSD number. We agreed to break for the day and explore this methodology and others in the morning. The next day we tried other more complex formulas that involved throwing out some of the “suspect” sales from both reports and running our own numbers based on the “good” comparable sales. It turned out that no matter what formula we used we came out at a value that hovered around $400,000, which ultimately was our non-unanimous verdict (11-1). ($400,000 was $20,000 more than the LAUSD appraisal and $35,000 less than the homeowner’s appraisal). 

I came away from my experience on the jury with a renewed faith in the jury system and impressed with how seriously jurors took their job and the careful consideration given by most. I highly recommend that the next time you see your jury summons that you don’t be so quick to begin thinking up excuses as to why you can’t serve. From the perspective of a trial lawyer, I found the experience invaluable.

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A few weeks ago, I was called for jury service at the Los Angeles County Superior Court in downtown Los Angeles. I had every reason to believe that I would not be selected to serve because in my prior experiences with jury service I was not- chosen because one of the attorneys was afraid to have an attorney on the jury, especially one that does exclusively plaintiff’s work. Much to my surprise I was selected this time. (In voir dire , I told counsel that I was an attorney but was never questioned about the nature of my practice).  At first I panicked thinking of upcoming deadlines and time spent from the office. Fortunately for my schedule, the case was expected to last 2 days and the single jury question was to determine  fair market value of a home taken by the Los Angeles County School District (LAUSD) in 2007 in an eminent domain proceeding. As a trial attorney my experience “inside the box” was extremely interesting and informative. Here’s what I learned:

Lesson 1: You can’t judge a book by its cover. One juror who was selected was a young woman in her late 20s who proudly announced that she was an artist (dancer, actor and painter) and when asked to disclose her marital status sang out that she was “single and available”.  She joked at breaks in the trial that her drink container held vodka and after making those announcements literally fell over backwards in her chair twice during the trial, much to the amusement of all in the courtroom. Prior to the case beginning, the judge informed the jury that if they had a question that was not being asked by the attorneys that we could write our question on a piece of paper and submit it to the court. Shortly after the second fall from her chair this juror wrote a question to and passed it to the court clerk. Many of us in the jury “rolled our eyes” imagining the question. The question turned out to be an astute observation that exposed an inconsistency in an expert’s report that the judge, attorneys and everyone else in the jury had missed. This juror went on to serve as our foreperson and provided important insights that helped us reach our verdict.

Lesson 2: What’s important to trial attorney often isn’t important to jury members. The LAUSD expert was an appraiser who made her living being hired by attorneys representing governmental agencies and developers who were taking or purchasing homes for large construction projects.  I saw her as a biased “hired gun” who had not surprisingly appraised the property lower than the homeowner’s appraiser. However, the appraiser’s client list didn’t matter to most on the jury and they were impressed by her slick presentation and ability to deflect cross examination . 

...Class dissmissed! Lessons three and four will continue with tomorrow's post...

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KPA attorneys and support staff came together to collect backpacks and school supplies to benefit almost 50 students at the Los Angeles Boys & Girls Club this year.  A small group of employees had the chance to met with the students and learn more about how they spent their time after school at the club.  KPA founding partner, Shawn Khorrami, addressed the students and shared the importance of staying in school and being active in the communities we live in. 

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Matt C. Bailey's article, titled The Scope of Class Restitution in the Wake of In Re Tobacco II Cases was published in Mealey's Litigation Report: Class Actions yesterday.  Matt is a senior associate at KPA and serves as co-chair of the firm's Class Action Practice Group. 

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Matt Bailey was published on Friday, September 3 in the Los Angeles Daily Journal.  He provided readers with a comprehensive strategy for dealing with the professional class action objector.  As co-head of KPA's class action team, Matt handles all class actions within the firm and has several years of experience, and success, with this type of complex litigation. 

Deborah Gutierrez was published today, September 14, on LawDragon.com.  Her article "Limiting the Preemption Doctrine" provides an update to the 2009 Wyeth v. Levine decision, and it's affect on consumer's over the past few months.  This is one of several articles Deborah has had published on this topic.

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We look forward to meeting YOU at the CAALA 27th Annual Las Vegas Convention, September 3rd - 6th.

New opportunities and challenges shaping our profession this year will give us a lot to talk about.  Please join us to share ideas and explore how partnering with KPA could contribute to your success.  Find us in the Palazzo Ballroom - booth 41 - and join the conversation.

Also, don't forget to catch KPA founding partner, Shawn Khorrami's presentation during the Class Actions & Complex Cases Section Friday afternoon.  

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On Wednesday, August 26^th, Khorrami Pollard & Abir LLP hosted a luncheon fundraiser for Senator Barbara Boxer in support of her 2010 re-election campaign. During her time in the KPA office she addressed the entire staff, touching on the importance of the work KPA does as a firm. Her motivating words were refreshing for a staff that has been working diligently to protect consumer’s rights.

A forceful advocate for families, children, consumers, the environment, and her State of California, Barbara Boxer became a United States Senator in January 1993 after 10 years of service in the House of Representatives. Elected to a third term in 2004, she received more than 6.9 million votes, the highest total for any Senate candidate in American history.

A national leader on environmental protection, Senator Boxer is the first woman to Chair the U.S. Senate’s Committee on Environment and Public Works (EPW). On the Committee, she advocates forcefully for clean air and water, with a particular focus on the fight against global warming. She also Chairs EPW’s Subcommittee on Public Sector Solutions to Global Warming, Oversight, and Children’s Health Protection.

In addition to her Chairmanship of the Committee on Environment and Public Works, Senator Boxer also serves on the Senate Foreign Relations Committee and Commerce Committee, is the Democratic Chief Deputy Whip, and serves on the Democratic Policy Committee’s Committee on Oversight and Investigations.

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Shawn Khorrami, founding partner of Khorrami Pollard & Abir LLP (KPA), has been appointed to serve as an at-large member of the American Association for Justice’s (AAJ) Diversity Taskforce. The taskforce will be responsible for examining the full spectrum of diversity in the AAJ, with the objective of developing and implementing a Diversity Plan that addresses the needs and expectations of the full membership. Areas of focus will include membership recruitment and retention, organizational activities and leadership.

Chaired by incoming Parliamentarian Rhonda Hill Wilson, the Taskforce will include delegates from the AAJ’s Minority Caucus, Women’s Trial Lawyer Caucus and New Lawyers Division, as well as several at-large members. 

“It’s gratifying to be asked to serve on a Taskforce with such an important mission, and I look forward to working with such an accomplished group of colleagues,” said Khorrami. “Issues of diversity and inclusion are reshaping our society and the law, so it is essential for our profession to incorporate policies and practices that reflect these fundamental changes into our professional organizations and development programs.” 

KPA recently sponsored the Consumer Attorneys of California (CAOC) and the American Association for Justice (AAJ) Women’s Caucus Networking Reception, coinciding with the AAJ 2009 Annual Convention.  

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Check out today’s Law360 Health and Insurance sections and read KPA Attorney Lourdes DeArmas’ article “Post-Claim Underwriting: California’s Dirty Secret.”

If you are a health insurance policy holder, or you protect health insurance policy holders, this article contains timely information for you.  This article breaks down post-claim underwriting practices, its affects, and how to better protect yourself or your clients.

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Almost every plaintiff attorney at some point has been approached by their client and asked if they will reduce their fee from the amount stated in the retainer. The reasons for such requests cover the entire spectrum.   Clients will complain that the case settled so quickly and therefore the large fee is not justified for so little work…….the expert fees and other costs incurred are unreasonable…….the liens were not properly negotiated…….the case dragged on for so long, the large fee is not justified for making the client wait so long for their recovery. Much of the impetus comes from the supporters of tort-reform who have never met a plaintiff’s lawyer they like. Despite the irrational logic behind agreeing to such a request, almost every plaintiff attorney has agreed at some time to reduce their fee. Should plaintiff attorneys continue to do so, or is this a bad precedent to set? That is a personal decision for each attorney when the situation arises. But one thing plaintiff attorneys will not do is to ask their clients to reimburse them for the costs incurred and some portion of the attorney’s time when a case is unsuccessful. That’s what separates plaintiff attorneys from defense attorneys. 

Take a look at the top 50 law firms in the United States and tell me which one of these will represent your uncle who was exposed to toxic fumes at his workplace, or your brother that had a heart attack and died from a pharmaceutical product? The answer is none will, because they are representing the defendants and being generously compensated for their time and efforts. Plaintiff attorneys represent people that cannot afford an attorney through contingency fee arrangements which are closely monitored by the state rules of professional responsibility. 

When clients complain and the tort-reform critics jump onboard, there is no consideration given to the inherent risk undertaken by the plaintiff attorney in this type of arrangement. If the plaintiff prevails the plaintiff attorney gets paid. But sometimes (unfortunately) the plaintiff loses and nobody gets paid. Well not exactly, because the defense attorneys always get paid, win or lose. Whether it was a toxic tort, pharmaceutical, rollover, or tobacco plaintiff verdict, the defense always got paid for losing! Yet, somehow plaintiff attorneys are expected to reduce their hard earned fees when they prevail. 

There are no plaintiff firms listed among the top earners in this country, but apparently the way to break into the top 50, (top 3 actually), is to find some gullible client that will pay you almost $19 million in six months, to lose.  

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 On Friday, June 26^th, 2009, Khorrami Pollard & Abir hosted a fundraiser for Assemblymember Hector De La Torre in his primary bid for State Insurance Commissioner. De La Torre represents the 50th Assembly District, which includes eight cities in southeast Los Angeles County: Bell, Bell Gardens, Bellflower, Commerce, Cudahy, Downey, Lynwood, South Gate as well as the unincorporated neighborhoods of Florence-Graham, and Walnut Park. He was elected November 2004.

De La Torre has worked to bring healthcare solutions to the residents of the 50th Assembly District and pushed for the passage of landmark legislation to guarantee transparency in healthcare insurance policies throughout California. He has fought to re-invest in our educational system, improve our water system, create awareness of recycled water, and tackle local infrastructure needs. In addition, he has successfully expanded eligibility for state financial aid for students attending college.

Prior to serving in the Assembly, he served eight-years on the city council of his native city of South Gate, including 2 years as mayor. He is largely credited for leading South Gate residents in a grassroots campaign to recall corrupt elected officials, stabilize the city’s financial condition, and rebuild public trust.

Assembly member De La Torre holds a B.A. in Diplomacy and World Affairs from Occidental College and undertook graduate studies at The George Washington University. He was appointed the Assistant to the Deputy Secretary of Labor in the Clinton Administration.

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