Archive for June, 2010

Michael Morrison and Amelia Burroughs of this Eureka, Humboldt County firm recently concluded the successful defense of a medical malpractice jury trial in Yreka, Siskiyou County, California.  The trial, presided over by the Honorable Karen Dixon, was very well run.  The court staff was quite helpful, and the jurors very attentive. The trial was a pleasant experience and demonstrated the civil jury experience at its best.
The Janssen Law Firm represents clients in litigation in all Northern California counties and Federal Courts.

In the face of rising credit and debit card use nationwide, the Janssen Law Firm hopes to inform small businesses in Humboldt County and elsewhere to make the best decisions for their growth.   Whether or not to accept plastic forms of payment involves knowing the parameters of what can and cannot be done in compliance with the law and merchant contracts.   Since small businesses have little to no bargaining power in the contracts they must sign to accept cards, they should at least familiarize themselves with the rules (for an illustration of the rising use of credit and debit cards, see  New York Times .

(more…)

By far, the majority of questions we receive from Humboldt County employers concern meal and rest period requirements. If you haven’t heard, California employers and employees alike (as well as the Division of Labor Standards Enforcement (“DLSE”) await a decision by the California Supreme Court in the Brinker Restaurant Corporation v. Superior Court case.   Until then, in California, the Industrial Welfare Commission (“IWC”) Wage Orders require that employers authorize and permit nonexempt employees to take a rest period that should be taken in the middle of each work period.  You should always check the Wage Orders for your employees’ industries because more than one Wage Order may apply to a single employer,  particularly those who employ in different job functions.

(more…)

The Janssen Law Firm recently successfully resolved a wrongful death matter for the $300,000.00 homeowner’s insurance policy limits of a defendant property owner whose burn barrel fire got out of control in a Eureka, California residential neighborhood.  The defendant property owner allowed an un-permitted “burn barrel” fire to get out of control on an extremely gusty, fall day (winds in excess of 30 miles an hour) which caught the back deck, picnic table and a fence on the property line on fire.  John “Happy Jack” Van Lieu rushed into the smoke with tubs of water to knock down the fire, and was exposed to toxic smoke.

Within two days “Happy Jack” was coughing up blood, and was hospitalized, eventually dependant on a ventilator, and expired at St. Joseph’s Hospital.  The cause of death according to the pathologist was “massive alveolar lung damage consistent with toxic smoke inhalation exposure.”

(more…)