Archive for September, 2009

On Friday September 25, 2009, Attorney Michael Crowley of the Janssen Law Firm presented testimony from Nancy Huntzinger and other evidence before Superior Court Judge John Feeney regarding the wrongful death damages in her lawsuit against Defendant Stephen Hash, who killed her then fourteen year old son, Curtis Huntzinger, in 1990.  Judge Feeney awarded Ms. Huntzinger a 3.6 million dollar wrongful death judgment commenting to her in court, “Clearly, no monetary judgment can compensate you for the loss of your son,” and offered his condolences for her loss.

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If you’re an employer in Humboldt County, you should know that federal and state laws prohibit employment discrimination based on age.

A recent United States Supreme Court decision made prevailing on age discrimination claims under the federal Age Discrimination in Employment Act of 1967 (commonly referred to as the ADEA) more difficult for employees. Earlier this month, the Court decided the case of Gross v. FBL Financial Services, Inc.   Prior to the Court’s decision, ADEA plaintiffs could win by proving age was a motivating factor in a discharge or demotion. At that point, it was the employer’s burden to prove that it had a legitimate reason for the action.   In Gross, however, the Supreme Court rejected such burden-shifting in ADEA cases.   Now, ADEA plaintiffs will have to prove that age was the cause of the employer’s action.  In short, plaintiffs must prove that age was the deciding factor—which is often hard to do absent direct evidence.

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If you have been arrested for a DUI in Humboldt County,  you were likely given a pink notice of suspension and temporary driver’s license at the time of your arrest or release from jail.   It is important that you seek legal advice immediately because you have only ten (10) days after receipt of the notice of suspension to request a Department of Motor Vehicles (“DMV”) hearing or your license will be administratively suspended by the DMV.   If you are 21 years of age or older, and took a blood, breath, or urine test, and the results showed .08% Blood Alcohol Content (“BAC”) or more,  a first offense may result in a four (4) month suspension and a second offense within 10 (ten) years may result in a one (1) year suspension.   Click here for additional important information.

The DMV administrative license suspension is an entirely separate proceeding from a criminal prosecution.   A DMV administrative suspension and a criminal charge in state court can each have license consequences.  Therefore, it is important that you separately address the DMV administrative suspension, which has the short ten (10) day deadline by which you may request a hearing to challenge the suspension.  An attorney may assist you with a hearing request to DMV to challenge the suspension and with the hearing itself.   According to the DMV:

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For years estate planners have been extolling the virtues of a revocable trust primarily to avoid the need for a probate of a decedent’s estate.   Now we have another reason to recommend a revocable trust to our client: the number of probate filing fees have significantly increased.

A provision of 2008’s Filing Fees legislation has significantly increased the number of probate filing fees for many probate proceedings.

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Proper handling of premise liability “slip and fall” cases requires a lawyer to be familiar with the applicable building codes in order to prove liability and establish damages.   Slips,  trips, and falls caused by negligently maintained property or premises result in serious injuries to members of our community.   Recognizing the failure to comply with required building codes is essential to the successful prosecution of a premises liability case.

A recent case handled by Michael Crowley of the Janssen Law Firm on behalf of an elderly woman injured in a church parking lot illustrates the point.   Mr. Crowley’s client was attending a fund raising dinner in a hall on the church’s property during evening hours.   The flood light on the roof of the building as well as a wall light were broken and non-operative at the time.   She left the dinner to return to her car,  parked in a painted designated disabled parking space.

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