Dedicated to the pursuit of justice

Blog

NHTSA Proposes New Safety Belt Rules

On August 21, 2023, the National Highway Traffic Safety Administration (NHTSA) proposed to amend the Federal Motor Vehicle Safety Standard to include seat belt warnings for rear passenger seats.

The proposed rule will mandate seat belt warning signs for nearly all new vehicles manufactured in the United States, requiring car makers to include visual and audio alerts when rear seatbelts are not buckled.

Can you claim Negligent Infliction of Emotional Distress (NIED) even if you’re not physically at the scene of Incident? Downey v. City of Riverside   

September 12, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

If you were “present” at an Incident caused to a direct Plaintiff, and suffer emotional distress but are not the direct Plaintiff, can you make a claim against the Defendant who caused the Incident against the direct Plaintiff?  

Can you set a preference trial in California, to be heard sooner? Pabla v. Superior Court (Dual Arch International)

August 28, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

In the California Civil Court system, California Code of Civil Procedure section 36 allows you to accelerate your litigation by setting a trial date sooner. The law considers these “preference trials” and states per CCP 36(a) “a superior court lacks discretion and ‘shall’ grant preference to a party over 70 years of age upon making a showing, ‘(1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.’”

CaseyGerry Investigates Reports of Gallbladder Issues and Gastroparesis in Ozempic® Users

August 22, 2023 Blog,Mass Tort Blog

CaseyGerry is investigating reports linking the use of the prescription drug Ozempic® to Cholelothiasis (gallstones), Cholecystitis (inflammation of the gallbladder), and other gallbladder health issues, as well as Gastroparesis.

Ozempic® and similar medications are used by some patients with diabetes to control blood glucose levels.

Can an electronic scooter company be liable for scooters laying around? Hacala v. Bird Rides, Inc. 

By: Eric Ganci

We’ve seen this: a messy sidewalk, littered by electronic scooters. Whether they are scooter versions from Bird, Lyft, Uber, or some other company, the scooter craze swept through San Diego and many other Cities…to help in part with traffic and ease of commuting…but to also bring the ability for scooter riders to leave scooters laying around sidewalks, streets, yards, etc.  

More Factors to Consider with the Privette Doctrine: Degala v. John Stewart Company, filed 1/27/23 

By Eric Ganci

I recently blogged on the March 2023 case decision Marin et al. v. Department of Transportation, which discusses the Privette Doctrine. A case held about a month prior, Degala v.

Bank of America Fined by Consumer Protection Agencies for Harming Consumers.

July 17, 2023 Blog,Class Action

One of the largest banks in the United States has been hit with hundreds of millions in fines for several illegal practices including opening fake credit card accounts without customers’ consent.

Workplace Injury Liability: Insights from Marin v. DOT & Privette Doctrine

By Eric Ganci

If you’re an employee of an independent contractor and are injured on the job, can you sue the general contractor or hirer? A recent case (Marin v. DOT) offers some insight:  

Let me lay out a set of facts, then get into the law.