It is well established in California that, in a case involving an employee who is injured on the job, the employee’s judgment against a third party must be reduced by the amount attributable to the employer’s proportionate share of fault, up to the amount of workers’ compensation benefits paid. However, when the employer’s share of Read More…
Archives for August 2016
New Ruling Highlights Evolving Collateral Source Issues In Nevada
In Nevada, the collateral source rule provides that when “an injured party [has] received some compensation for his injuries from a source wholly independent of the tortfeasor, such payment should not be deducted from the damages which the plaintiff would otherwise collect from the tortfeasor.” Proctor v. Castelleetti, 911 P.2d 853, 854 (Nev. 1996). In Read More…
How Effective Is A No Contest Clause In A Will Or Trust?
A “no contest” clause is a provision in a testamentary instrument (usually a will or a trust) that penalizes a beneficiary if he or she “contests” the instrument in a court action, usually by way of revoking any gift they may have been otherwise expressly given under the instrument. Many of our estate planning clients Read More…
