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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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Safety Tips for Summer Road Trips

Summer is fast approaching and many are planning road trips with family and friends.  In order to ensure a good time for all, keep the following safety tips in mind: Prepare:  Be sure to inspect your vehicle to ensure it

Trump University Class Action Lawsuit

The class action case against president-elect Donald Trump and his Trump University for fraud progressed further yesterday, as Trump’s lawyers agreed to enter settlement talks. Plaintiffs allege that Trump University as well as Donald Trump himself made important misstatements and omissions when advertising for the courses offered by the now-defunct program. The plaintiffs in the suit further claim that they relied on these important misstatements and omissions in their decisions to spend tens of thousands of dollars – money they hoped would help them learn the secrets of the real-estate mogul’s business acumen.

Earlier in the day, Trump’s lawyers attempted to exclude from the upcoming trial some of the more shocking statements that Trump made during his campaign, including his accusing Judge Gonzalo Curiel (who currently presides over this case) of bias relating to his Mexican heritage. Judge Curiel hesitantly rejected this request by Trump’s lawyers.

The trial is scheduled to take place on November 28th. Daniel Petrocelli, lead attorney for Trump, has requested the trial be delayed on the grounds that Trump needs the time to work on transitioning into the presidency.

Legal Rights of Those Harmed

In federal court, for a plaintiff to proceed in a fraud (or “misrepresentation”) lawsuit, the plaintiff must prove six essential elements:

If plaintiff shows all six of these things, the jury or judge must enter a verdict for the plaintiff.  3 Fed. Jury Prac. & Instr. § 123:02.

If you or someone you know relied on misrepresentations knowingly made by a business or other entity, and you suffered harm (financial or otherwise) as a result, please don’t hesitate to contact our office.

Trump University Class Action Lawsuit

On Tuesday, federal District Judge Gonzalo Curiel refused to issue summary judgment for, and instead sent toward trial, a class-action suit against 2016 Republican presidential nominee Donald Trump. Plaintiffs’ claims rest on theories of liability including fraud and violations of the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”), and allege that Trump is personally responsible for defrauding plaintiffs who spent money on degrees from Trump University.

Plaintiffs contend that Trump personally committed fraud and racketeering by knowingly participating in a fraudulent scheme. They support their contention with allegations that 1) Trump personally reviewed the University’s fraudulent marketing materials, 2) calling Trump University (TU) a “University” constituted fraud in itself, 3) Trump personally exercised control over the University and 4) Trump, despite claiming otherwise, did not actually personally select the instructors at TU.

RICO defendants, if found liable, face treble damages. This means that if Trump is found to have derived income from a “pattern of racketeering activity”, he will be liable for triple the amount of money he collected by allegedly defrauding students at Trump University. That would likely be tens of millions of dollars, and the resulting negative publicity could prove disastrous for an already-turbulent campaign.

Legal Rights of Those Defrauded

In California, a plaintiff can recover for fraud if 1)  a defendant knowingly issued a false statement or omitted an important fact, 2) intended that the plaintiff rely on such false statement or omission, and 3) plaintiff’s reliance on such false statement or important omission caused the plaintiff harm. Entities who engage in this sort of deceit en masse may be found liable under the federal RICO act as well, as such mass fraud may be considered a “pattern of racketeering activity” under the statute.

If you or someone close to you knows of an entity that is causing harm by knowingly making misrepresentations of fact, contact our office.

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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