In California, victims of sexual assault and abuse have a right to file a civil lawsuit against their abusers and other parties responsible for what happened. However, when the defendant is a third party that did not cause the abuser’s conduct or the resulting abuse, the court will generally find…
Sexual abuse is a prevalent problem in youth sports. Many people have heard about the pervasive sexual abuse that was perpetrated against Olympic gymnasts by a gymnastics doctor. In Brown v. USA Taekwondo, Cal. Ct. App. Case No. B280550, the court considered whether organizations could be held to be responsible…
Sexual abuse is a prevalent problem in youth sports. Many people have heard about the pervasive sexual abuse that was perpetrated against Olympic gymnasts by a gymnastics doctor. In Brown v. USA Taekwondo, Cal. Ct. App. Case No. B280550, the court considered whether organizations could be held to be responsible…
The victims of sexual abuse committed against them in schools may file lawsuits against the perpetrators, administrators, and the school district when the school knew or reasonably should have known about the risk that the perpetrator posed to others. When these cases go to trial, plaintiffs may have to rely…
It doesn’t matter the nature of the organization – the workplace should feel like a safe and secure environment for its employees. However, in countless unfortunate cases, it can be a place of unwelcomed interactions leading to sexual discrimination, harassment, or worse – sexual assault.Not only are these actions physically…
A recent case that happened in Phoenix, Arizona shocked many people in California and around the world. The case involved a woman who has been in a vegetative state for years who gave birth. The woman’s case involves both potential criminal and civil liability issues. If it had occurred in…
When people file civil lawsuits against entities, including churches, that might be responsible for sexual abuse that they have suffered, the organizations must comply with discovery rules. If they do not comply with discovery requests and orders, they may face sanctions. In J.W. v. Watchtower Bible & Tract Society of…
When lawsuits are filed by plaintiffs against hospitals in California, the hospitals may file motions for summary judgment if there are no triable material issues of fact. In order to prevail on a motion for summary judgment, a hospital may call an expert witness to opine that the hospital met…
Women in cities across the U.S. have reported being sexually assaulted by Uber drivers after ordering rides through the company’s ride-share app. Two women filed a lawsuit against Uber in November 2017 for its alleged failure to conduct stringent background checks. Seven more women were added to the lawsuit as…
In California, residential care facilities owe a duty of care to their residents. In some cases, that duty extends to when the residents are off of the facility’s campus, depending on the circumstances. In Doe v. FamiliesFirst Inc., Sacramento Superior Court, case number 34-2014-00172564, how that duty applies when residents…