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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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I was Injured by a Drunk Driver, What do I Do?

  America has a drinking problem. Alcohol related deaths are the fourth leading preventable cause of death in the United States; and every two minutes, a person is injured in an alcohol related crash. Although drunk driving is a crime

What is a Mass Tort?

Most people have heard the term class action. In fact, there were many in the last few years. The term mass tort, however, is seldom heard outside of the legal community—although these types of cases are equally as popular. So, what is a mass tort?

A mass tort is a type of civil litigation that works similarly to a typical negligence or personal injury suit—just on a much larger scale. Mass torts commonly involve a large number of plaintiffs suing a common defendant. The injured plaintiffs may have the same type of injury, or varied injuries, that arose from the wrongdoing of the same defendant. Often, mass torts will arise when multiple people are injured by the same defective product—like pharmaceuticals, medical implants, or cars.

The key difference between mass torts and class actions is that plaintiffs in mass tort actions are treated as individuals, and must prove certain facts particular to their case in order to prevail; whereas plaintiffs in class actions are treated as a singular class represented by a class representative and oftentimes do not need to prove any facts particular to their case. Class actions require common questions of law and fact for the entire class and that each member suffered the same typical type of injury. Mass torts are more common where the injuries suffered by each plaintiff are unique and the facts of each case differ, so it would be fairer to represent each person individually.

Joining all the injured plaintiffs together in a mass tort proceeding alleviates some of the burden on the courts. Instead of hearing hundreds of individual cases,  one court can preside over many cases in one coordinated proceeding allowing the two sides to litigate the case more efficiently.

Mass torts are extremely large and complicated civil actions—so it is important for legal counsel to have experience in these types of cases. Kershaw, Cook & Talley has recovered over $1 billion in mass torts, class actions, and other complex civil litigation matters. Call our office at 888-997-5170 for a free case evaluation today.

Role Reversal in Recent State Supreme Court Arbitration Decision

In yesterday’s Sandquist v. Lebo Automotive decision, a split California Supreme Court issued a decision further construing the status of class actions in arbitration agreements. In short, the court ruled that it should be an arbitrator, and not a court, who interprets the arbitration agreement to see whether bringing claims on behalf of a class would be allowed in this alternative forum. Interestingly, stakes in the case caused roles to be flipped from a typical arbitration dispute, where plaintiffs attempt to keep the matter before a trial judge and defendants seek to empower the arbitrator.

The case was similar to prior decisions in that the crux of the case came down to the arbitration agreement itself. After all, arbitration agreements are simply clauses in contracts, and are thus subject to state law rules of contract interpretation, within the boundaries set by the Federal Arbitration Act. And the Supreme Court has already addressed how such an issue should be interpreted. The justices have explained that “[j]ust as the arbitrability of the merits of a dispute depends upon whether the parties agreed to arbitrate that dispute, so the question ‘who has the primary power to decide arbitrability’ turns upon whether the parties agreed to submit that question to arbitration.” And among other provisions, the contract noted that “claims . . . shall be submitted to and determined exclusively by binding arbitration.”

With the broad language in the contractual provisions, the decision seems simple. So why the controversy? For one, ever since the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion and Am. Exp. Co. v. Italian Colors Rest., the status of class actions in arbitration has been in jeopardy. This decision shows that when contract interpretation is in the hands of an arbitrator, they may sometimes rule for plaintiffs and allow class actions to survive. Defense argue that there is “too much at stake for the arbitrator to make the call on class proceedings.” But this is likely just a reflection of the fact that businesses are threatened; in a forum where plaintiff’s rights have repeatedly been foreclosed, some hope remains.

With the decision seemingly out of line with other circuits, defense counsel is weighing its options. Defense counsel commented on a cert petition pending in the U.S. Supreme Court on the issue, saying the justices “would like to answer this question, they just have not been properly asked it.” For now, however, the Sandquist holding is the law in California.

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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