California Enacts New Law Providing Additional Workers' Compensation Rights
Gov. Gavin Newsom recently signed S.B. 1159, which takes effective immediately. This law creates a presumption that certain covered workers' illnesses or deaths from COVID-19 are work-related, and entitles them to workers' compensation, putting the onus on their employers to rebut the presumption. Employers may seek to rebut the presumption by demonstrating measures it had taken to reduce the potential transmission, or showing a worker's non-occupational risks of infection. However, there is no assurance that these showings would necessarily rebut the presumption, which may lead to additional litigation.
Previously, Gov. Newsom had established a rebuttable presumption in an executive order that expired in July. This new law is retroactive to July, and unless extended, will be in effect until January 2023. Covered workers include workers who test positive during a workplace outbreak over a 14-day timeframe, along with first responders and health care workers who are covered even without a 14-day timeframe. Workers not covered by this new law may still file COVID-19 related workers' compensation claims. However, they are not entitled to the presumptions under the new law.
California Court Of Appeals Affirms Summary Judgement Obtained By Booth LLP
BOOTH LLP partners Paul Rasmussen and Ben Caplan, and senior associate Allan Bareng, defended a glass manufacturer in a wrongful death action which claimed that its products exposed plaintiff to silica dust and other alleged toxins, leading to his death from lung disease. BOOTH LLP successfully argued on summary judgment that their client's products could not, and did not, cause plaintiff's illness and death, since there was no evidence that the products had been cut or otherwise manipulated so as to cause a release of dangerous particulates. Without exposure, the court concluded, there could be no causation, and therefore summary judgment was warranted. Plaintiff appealed the decision, and the BOOTH LLP defense team drafted the successful Appellate Brief. The Second District Court of Appeal agreed with the trial court and affirmed the judgment unanimously, as well as awarded costs.
Hillary Booth Speaks On Covid-19 Issues For Law Firms
Hillary Booth was honored to speak on a webinar hosted by the Southwestern University School of Law Alumni Association. She spoke on the practical restrictions and guidelines for re-opening business and maintaining a safe work environment, on the financial impacts of COVID-19, and on financial relief options available for law firms of all sizes.
Office Update Re Covid-19
We hope that you and your loved ones are safe and healthy. Booth LLP remains fully functional and able to protect our clients' rights in new and ongoing cases, despite the interference caused by the COVID-19 outbreak. We are working remotely at full capacity. While we may not be available to immediately take a call, be assured that we will call you back at our earliest convenience. Be safe and stay well!
Our party was filled with holiday cheer, friends, and amazing food! As 2019 year comes to an end, we express our gratitude to our clients and to all those who support our firm. We truly appreciate you, and enjoy working with you!
Booth LLP Wins A Defense Verdict
A jury in the Los Angeles Superior Court, Santa Monica Courthouse, found our client trucking company and its driver not liable for the death of the plaintiffs' son resulting from an accident between the truck and plaintiffs' son, who was riding a bicycle. We established that the driver was not negligent in his handling of the vehicle as it passed the bicycle, and that the trucking company was not negligent in how it hired and trained its drivers. The case was tried over the course of three-weeks by Hillary Arrow Booth and Ian Culver. The verdict was unanimous for the trucking company and 11-1 for the driver.
Hillary Booth Completes Her Year As President Of The Transportation Lawyers Association
Hillary completed her year as President in Austin, Texas where she presided over the TLA's Annual Conference. The Association maintains approximately 1000 member attorneys practicing transportation related law throughout North America, and internationally. Hillary will remain on the Executive Committee for another year as the Immediate Past-President.
Our Office Move Is Complete!
We're pleased with our new suite in the Westside Towers! We had grown out of our prior suite, and have now designed our new suite to meet our current and future needs.
Booth LLP Holiday Celebration
We enjoyed a year-end Holiday party with friends and family, celebrating another year of success!
International Women's Day
On this International Women's Day, and all days, we honor and celebrate the women we work with and work for, and thank them for contributing to our firm.