Lessing E. Gold

Multiple Allegations, But Do Any Stick?

Does contract protection against multiple allegations?

May 15, 2013

A very comprehensive case was decided by the United States District Court for the Central District of California involving the liability of an alarm company.

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Are Settlement Agreements Admissable as Evidence

Lessing E. Gold

April 10, 2013

A question frequently asked is whether a nonparty to an action can be compelled to provide documentation in a lawsuit, when the subpoenaed party claims that the document and its contents are privileged

Awarding Attorney’s Fees Gets Tricky

Lessing E. Gold

March 19, 2013

A case recently decided by the United States District Court of Appeals proved that “prevailing party” status for purposes of an attorneys’ fee award isn’t always as clear as one might think.

Meeting Statutory Requirements

Fire Department Fails to Respond

Lessing E. Gold

February 8, 2013

An interesting case is presently pending in the state of Arizona. An alarm was activated at the plaintiff’s uniform laundering facility in Phoenix. Within minutes, the plaintiff’s alarm monitoring company notified the city fire department that it had received a water flow alarm, which indicated the activation of fire suppression equipment at the plaintiff’s facility. The alarm company also reported that a burglar alarm at the facility had been activated.

Was Search & Seizure a Violation?

Lessing E. Gold

January 15, 2013

In a recent Illinois case, the plaintiffs filed a lawsuit against a municipality and a police officer who responded with other officers to a bank alarm, alleging, among other things, violations of the Fourth Amendment.

Was Operator’s Response Negligence?

Alarm Monitoring

Lessing E. Gold

December 13, 2012

The court in a recent Minnesota case noted there is a distinction between willful and wanton negligence and gross negligence. The plaintiff in the case purchased a home alarm system. Later, the defendant alarm company received a low-temperature alarm but failed to contact the plaintiff or any of the account’s contacts. Later, the low temperature caused a pipe to burst, resulting in damage.

Does an Insurance Policy Void Sovereign Immunity?

Lessing E. Gold

November 14, 2012

The legal principle of sovereign immunity, which makes governmental bodies and employees immune from being sued in their own courts without governmental consent, was the center of a case recently decided in the United States District Court for the Eastern District of Missouri.

Standard of Care Deemed Question for a Jury

Lessing E. Gold

October 17, 2012

Tort law defines standard of care as the degree of prudence and caution required of an individual who is under a duty of care (a legal obligation imposed on an individual requiring that individuals adhere to a standard of reasonable care while performing any acts that could possibly harm others). The requirements of the standard are closely dependent on circumstances.

Liquidated Damages: Who's Entitled to Attorney’s Fees?

Lessing E. Gold

September 11, 2012

A recent case in the state of California dealt with a number of issues, including the effect of a liquidated damage clause. In this column, we’ll discuss the issue of whether the plaintiff who recovered the liquidated damage amount was entitled to attorney fees.

Negligence Action: The Firefighter's Rule

Lessing E. Gold

August 14, 2012

A recent case in the state of Rhode Island dealt with the issue of when “the firefighter’s rule” applies. The plaintiff was a firefighter who filed a negligence action against a hospital and a security company. They, in turn, filed a motion for summary judgment claiming that the suit was barred by the firefighter’s rule. The Superior Court agreed with the defendants and granted the defendants’ motion for summary judgment. The firefighter appealed.