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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

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Are Boats Required to Have Insurance in California?

  California law does not require boaters to insure their boats. Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers

Class Action Against CalPERS Proceeds to Trial

Kershaw, Cook, & Talley is one of the law firms appointed as Class Counsel in a class action against CalPERS on behalf of approximately 123,000 class members.  The case was filed in August 2013 in the Los Angeles County Superior Court.

The class action arises from CalPERS decision to implement an 85% premium increase on policyholders who purchased Long-Term Care (LTC) policies between 1995- 2004. Following announcement of this increase in 2013, the Plaintiffs filed a complaint asserting five causes of action against CalPERS: breach of fiduciary duty; breach of contract; breach of the implied covenant of good faith and fair dealing; rescission; and declaratory and injunctive relief.

In March 2017, CalPERS filed a Motion for Summary Judgement seeking to dismiss the case in its entirety. With respect to Plaintiffs’ breach of fiduciary duty, CalPERS argued that it had immunity.  With respect to Plaintiffs’ claim for breach of contract, CalPERS urged that it had the right to raise the policy premiums for any reason and, in any event, that the claim was barred by the statute of limitations.

Class Counsel vigorously opposed CalPERS’ motion, which was heard by the Court on June 2, 2017. During the hearing, Honorable Judge Ann Jones largely agreed with Plaintiffs and the Class.The Court rejected CalPERS’ argument that the Class’ breach of contract claims were barred by the statute of limitations.  The Court found the time period to contest the 85% rate increase did not begin to run until CalPERS actually announced the rate increase in 2013.  The Court also found that the rate increase potentially violated certain provisions in the insurance contract that prohibited rate increases that are “a result of” the increasing benefits that were being provide to policyholders who purchased inflation protection.  Since CalPERS primarily implemented the rate increase on policyholders who purchased inflation protection, the Court found that a jury could infer that the rate increases were implemented as a result of this benefit.

Although CalPERS has indicated that it will attempt to “decertify” the class, this was nevertheless a significant decision on behalf of the Class.  If the case is not decertified, the Class will likely proceed to trial in the Spring of 2018 in Department 308 of the Los Angeles Superior Court.

For more information about the class action against CalPERS, call Kershaw, Cook, & Talley at 916-779-7000.

Defective & Dangerous Products

Chicago Medical Malpractice Lawyers

The attorneys at Kershaw, Cook & Talley successfully represent consumers in lawsuits against manufacturers and companies involving defective products and product recalls. Our experienced trial attorneys recover thousands of dollars on behalf of injured individuals in cases involving defective medical devices, dangerous drugs, car defects and more.

Referring Attorneys

Best Chicago Medical Malpractice Lawyers

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

Our Services

Medical Malpractice Lawyers, Kershaw, Cook & Talley

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

Nationally Recognized Personal Injury Law Firm.

We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

CLIENT TESTIMONIALS

“Bill and Stu worked expeditiously to get my hip claim resolved.
I couldn’t believe how personable they were and easy to contact.”

-S. Thomas

“Stuart helped me with a case involving a defective hip replacement. He was incredibly responsive to my calls and concerns and really kept me updated on what was going on in the litigation. Even though his office was not in my hometown, he actually flew out to meet with me. He was incredibly knowledgeable about the case and really helped me through a very difficult time.”

-Personal Injury Client, as seen on AVVO

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