Category Archives: Law

How to Correct False Medical Records

We get a surprising number of calls concerning medical records, and the false information contained therein. Often it arises in the context of a patient who is prescribed pain killers. Doctors, understandably, are sensitive to over-prescribing opioids, both out of … Continue reading

Defamation is Bad, but it Doesn’t Justify Chilling Free Speech

Our neighbors to the North are very American-like, until you get to issues of free speech. Most view Canada as the “least protective of free speech in the English-speaking world.” Reasonable minds can differ on some of Canada’s laws, such … Continue reading

Demand Letters Can Stray Into Civil Extortion — Miguel Mendoza v. Reed K. Hamzeh

If the threat of getting in trouble with the State Bar is not enough, maybe the threat of both civil and criminals actions will get attorneys to toe the line. You know that it is an ethical violation for an … Continue reading

Do You REALLY Want to Fight that Case?

Too many attorneys and their clients defend against cases that have no defense. You took out a loan, your financial circumstances went south, and you were not able to repay the loan. Now you have been served with a complaint … Continue reading

Appeal Victory: Treble Damages for Theft Affirmed Against Defendant

Bell v. Igal Feibush: Treble Damages Awarded for Theft by False Pretext As we reported in October of 2011, we persuaded an Orange County Superior Court Judge to apply Penal Code section 496(c) – making it illegal to receive stolen … Continue reading

Parents Claim Yoga Classes Violate First Amendment

“Foolery, sir, does walk about the orb like the sun. It shines everywhere.” — William Shakespeare Parents in San Diego are objecting to yoga classes offered at a grade school, claiming they violate the First Amendment. As reported by the … Continue reading

Some Judges Just Don’t “Get” Defamation

I run into this attitude from judges occasionally. Thankfully, I’ve always been able to turn them around, but when I read about it, it still raises my hackles a little. The attitude of which I speak was most recently illustrated … Continue reading

Australian Defamation Case Illustrates Life Without the CDA

I have frequently written here on the pros and cons of the Communications Decency Act (“CDA”). Without it, no website could permit comments, but by the same token it allows unscrupulous website operators to encourage defamatory postings, and then use … Continue reading

Gloating Over $5,000 Settlement Costs Parents $234,011.87

Some callers to my office, wanting to sue for defamation because someone said terrible, false and hurtful things about them, are disappointed to learn that they cannot seek legal action because the speech falls under a privilege. By definition, “privileged” … Continue reading

How to Fight Back Against Online Defamation

Always striving not to reinvent the wheel, I keep my eyes open for articles that do a good job of explaining basic legal concepts.  In that regard, I receive many calls from prospective clients who don’t yet know the fundamentals of … Continue reading