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We focus on the following cases:

Defective Medical Products

Defective Medical Products

Personal Injuries

Dangerous Prescription Drugs

Class Actions

Breaking News:

Kershaw, Cook & Talley is Investigating the Santa Rosa Fires

In the devastating aftermath of the Northern California wild fires, reports are filtering in that many of the fires that lead to the description of more than 3,500 homes may have been sparked by PG&E equipment that was poorly maintained.

S & J Rentals v. Hilti, Inc. – A Win for KCT in Oklahoma

Today, a District Court Judge for the Northern District of Oklahoma issued an order granting our request to re-transfer a case back to California—a very rare occurrence.

The case is S & J Rentals v. Hilti, a class action lawsuit brought on behalf of California business owners against a manufacturer of power tools, Hilti, Inc. Plaintiff alleges that Hilti has engaged in a fraudulent business scheme involving its tools’ “automatic shutoff” function which requires purchasers to pay roughly $600 for reactivation exclusively to Hilti. Class members were never fully informed of this mandatory cost and therefore seek redress under California Law for fraudulent business practices.

The issue was that, although this case only involves California residents and was filed in California federal court, Hilti asserted that the case belongs in Oklahoma federal court due to a forum-selection clause buried in its sale contracts. We opposed Hilti’s position since Oklahoma law limits class actions to only Oklahoma residents and Plaintiff would have no remedy there. However, the California judge adopted Hilti’s interpretation of the forum-selection clause—that forum was proper in state or federal court where plaintiff would have the same procedural protections under Rule 23 as in California—and transferred the case to federal court in Oklahoma.

Upon receiving the case, the Oklahoma district court judge interpreted the forum selection clause as requiring the case to be filed in Oklahoma state court and issued an Order to Show Cause as to why she should not dismiss the case. Contrary to its original position, Hilti asserted that the forum selection clause requires the case to be filed exclusively in Oklahoma state court and requested dismissal. We filed a brief, (1) arguing that Hilti waived enforcement of the forum-selection clause by initially requesting transfer to Oklahoma federal court, and (2) requesting re-transfer to California for a reconsideration of the original judge’s ruling.

In her Order, the Oklahoma judge accepted our argument in its entirety. She noted that, although reconsideration of a transfer order should be extremely rare, due to the extraordinary circumstances in this case, it would be a “manifest injustice” to not permit reconsideration here. She continued, “[t]his procedural muddle is a mess of defendant’s creation,” and since Hilti was familiar with the laws of Oklahoma, “[i]t would have been the height of incompetence for [Hilti] to draft a forum selection clause without understanding [which forum it required] and the Court does not believe that defendant behaved in such a careless manner when drafting this forum selection clause.” Ultimately, since the California judge’s original transfer “order relies on [Hilti’s] misrepresentations” of the forum-selection clause to its benefit and plaintiff’s detriment, the case was transferred back to the Eastern District of California for further proceedings.

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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