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The power-press exception to workers’ comp exclusive remedy

Brian S. Kabateck and Douglas Rochen November 17, 2015 Legislative efforts have specifically carved out a very narrow exception to the workers’ compensation exclusive remedy doctrine for civil damages against an employer where the employer has caused and/or prevented its employees from the safe operation of power presses without guards.

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KBK Wins $3.5 M Verdict for Double Decker Bus Injury

Woman hit by branch on open-air bus awarded $3.5 million Friday, November 13, 2015 LOS ANGELES (AP) — A jury awarded $3.5 million Friday to a woman who says she was permanently disfigured when a tree branch hit her in the face as she rode on the top deck of

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Trial Begins In Dangerous Double Decker Bus Lawsuit

LOS ANGELES, Ca. (Oct 30, 2015)— Opening statements begin today in LA Superior Court in a civil trial involving a woman who’s suing Starline Tours Inc. for eye injuries she suffered while riding on the upper deck of a chartered, open-air tour bus. In 2013, a tree branch struck Lauren

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Use of Criminal Convictions in Subsequent Civil Trials

Brian S. Kabateck and Shant A. Karnikian July/August 2015 A tortfeasor’s acts giving rise to a personal injury lawsuit may also be the basis for criminal charges. As a common example, a driver of a vehicle who hits a pedestrian may face both civil and criminal consequences, depending on the

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Ascertainability Relaxed: The New Wave Of Rulings

Law360, New York October 19, 2015 When ascertainability emerged as a new hurdle for plaintiffs attorneys in class certification in Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), courts initially took a strict stance in their analysis. However, the tide is turning and the barrier that Carrera’s standard presented

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Brian Kabateck files lawsuit over dangerous railroad crossing

KGO ABC7 Sunday, September 27, 2015 10:00PM by Melanie Woodrow Watch the video on Youtube RICHMOND, Calif. (KGO) — A 22-year-old Richmond man who planned to teach music to underprivileged children will never get the chance. This past March he died at a railroad crossing in an accident that had

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