Award Badges

We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

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

New California Employment Law Protects Employees’ Rights

blog-banner-10_28

This last Sunday, Governor Jerry Brown signed into law S.B. 1241. This new law regulates an employer’s ability to choose where and under what law an employee can sue for employment-related disputes. In particular, it prohibits California employers from explicitly requiring that disputes be adjudicated in a forum other than California, and also prohibits employers from including any terms in their employment contracts that would “deprive the employee of the substantive protection of California law” with respect to a dispute arising in California.

Before this bill, California employers could freely evade California’s employee-friendly laws by drafting employment contracts that mandated dispute resolution outside of the state. S.B. 1241 now makes such a practice unlawful, and any California employment contracts that require litigation or arbitration to take place outside of the state are inconsistent with California law. An exception applies to employees who retain legal counsel and individually negotiate the terms of a choice-of-law clause in their employment contract, but those situations are few and far between – most employees don’t hire lawyers to negotiate employment contracts with their employers due to the expense.

This new law makes the expansive protection of California’s employment laws more widely available to California employees. California has some of the most protective employment laws in the nation, granting employees’ rights and benefits relating to wages, meal periods, and rest breaks beyond that granted by federal employment laws. Accordingly, Governor Brown’s signing of S.B. 1241 represents a welcome and significant expansion to the rights of California employees.

By signing S.B. 1241, Governor Brown has removed a hurdle that previously prevented California employees from holding employers accountable in California, under California law.  If you are an employee or know of other employees who have been deprived of rights or benefits required under California law, such as meal periods, rest breaks, pay for on-call time, overtime pay, or minimum wages, please contact our office.

Immigration Status is Inadmissible and Undiscoverable in Personal Injury and Wrongful Death Suits

Gov-Brown-Signing-Bill

Governor Brown signed AB 2159 into law today, adding section 351.2 to the California Evidence Code. Under the bill, evidence of immigration status is inadmissible and undiscoverable in personal injury and wrongful death suits.

Up until today, the governing law in personal injury and wrongful death suits was Rodriguez v. Kline. In that case, the California Second District Court of Appeal held as follows: if a plaintiff whose citizenship is in dispute seeks compensation for lost wages in court, the court holds a preliminary hearing to determine whether or not the plaintiff is “subject to deportation” and whether or not they are taking steps to correct their deportable condition.  If the plaintiff is found to be “subject to deportation”, the jury may find that the plaintiff will recover only those lost wages that he or she could have earned in his or her country of origin.

This bill ends 30 years of disparate treatment toward non-citizens in California, allowing non-citizens to recover lost wages in personal injury and wrongful death claims to the same degree as citizens. It also frees up judicial resources, allowing the court’s time to be spent answering more pressing legal questions than the immigration status of the parties in personal injury and wrongful death matters. Hundreds and hundreds of published cases cite to Rodriguez v. Kline on the question of a plaintiff’s immigration status, illustrating the magnitude of courthouse time that will be freed by ridding the judicial process of Rodriguez’s preliminary hearing requirement. Governor Brown’s bill is a welcome boon to both plaintiff’s rights and courtroom efficiency in an endeavor where both are invaluable.

If you or a loved one, citizen or otherwise, is seeking legal help for an injury or wrongful death, please contact our office so that we may assist in your recovery.

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

See More Testimonials
Web Statistics