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Pebley v. Santa Clara Organics

05-09-2018


The California Court of Appeal held today that a Plaintiff is allowed to treat with doctors on liens, even if he/she was insured at the time of the accident. 

This is an extremely important ruling for plaintiffs because it allows them to recover the full amount of money that they owe to their doctors when they treat on liens and solidifies their due process right to choose their own medical treatment. 

The court of appeal reasoned that there could be many reasons why a plaintiff may choose to treat on a lien basis (this is when doctors choose to treat a plaintiff without getting paid, and would subsequently get paid after the plaintiffs case is over), for example because "plaintiffs generally make their health insurance choices before they are injured. These cho...


Supreme Court of the United States Strikes Down Part of the Immigration Law Dealing with "Crimes of Violence"

04-17-2018


On Tuesday April 17, 2018, the United States Supreme Court struck down the definition of "crime of violence" as unconstitutionally vague. This is an extremely important decision for undocumented immigrants or green card holders because it will limit the number of cases the Department of Homeland Security will be able to file. 

Prior to this decision under the immigration and national act ("Act"), crimes that were considered to be a "crime of violence" would make an alien deportable. The Supreme Courts Decision in effect holds that section of the Act unconstitutional because it does not give defendants a fair notice of what crimes exactly have a substantial risk. 

This is a huge victory in light of the current administrations attempts to place as many immigrants ...


Rejali Law Firm Files Suit Against McDonald's For Hot Coffee

04-04-2018


On March 20, 2018 we filed suit against McDonald's in San Diego Superior Court for Negligence; Products Liability; and breach of implied warranty stemming from allegations that our client suffered from second degree burns, when the coffee that was handed to her was not securely fastened and poured onto her lap.

The parties are expected to make their first appearance on December 14, 2018. 

The court case number is: 37-2018-00014613-CU-PL-CTL.


Kansas v. Vogt-Application of 5th Amendment Right Against Self-incrimination to Probable Cause Hearings

02-23-2018


The 5th amendment of the U.S. constitution
protects us among other rights, from the right against self-incrimination This right generally
applies when we are in custody and are being interrogated. The law has
interpreted being in custody as when someone is not free to leave and, being
interrogated as when a reasonable government official knows or should know that the
questions being asked may lead the suspect to incriminate
him or herself.

 

In Kansas
v. Vogt
the Supreme Court of the United States is faced with a very
interesting questions. The iss...


Am I Getting the Full Value of What My Injury Claim is Worth?

01-23-2018


If you have been involved in a car accident, bicycle accident, truck accident or have been injured as a result of someone else's careless behavior, the law allows you to be compensated for all of your past and future medical care, all of your past and future loss of earning and for pain and suffering. 

In my practice I see it everyday where the insurance companies do not want to pay for the entire loss that my clients have suffered. 

To answer the question of whether or not you are receiving the full value of your injury claim we need to look at several factors. First, the insurance company for the party who caused your loss is responsible to pay all of your past medical expenses. These past medical expenses are not and should not be limited only to what your co...


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