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Category Archives: Business Litigation
Every couple of years from the 1990s to today, the debate on the link between video game violence and real world violence makes headlines when a violent act occurs allegedly as a result of the perpetrator’s play of a particular video game. The accusations are similar, though the games being blamed have changed over the years – Mortal Kombat, Doom, Final Fantasy VIII, EverQuest and the Grand Theft Auto series are a handful of the video games blamed for an act of violence. Lawsuits involving these games have ended up with the same result – dismissal – as courts have not been willing to overlook the strong protections offered by the First Amendment of our country’s constitution. We often think of the right to say what we want when the First Amendment comes up, and this protection also extends to creative works, a group that includes video games and other…
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The main benefit of a partnership – its flexibility – can also become a liability when a major change occurs like deciding to bring someone new on board as a partner. The partnership agreement may not have been worded well enough to handle the change, and it could lead to conflict. In a state like California, which like most has passed the Uniform Partnership Act, if a partnership agreement is silent on a matter, state law – often contract law – fills in the holes, which may not lead to a welcome result. To avoid problems when bringing a new partner on board, partnerships and similar business entities should have clear provisions in their operating agreements. To bring someone new into a partnership, it is common for the partnership’s partners to have to vote the new person in and for the new person to contribute to the partnership at least…
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California has already enacted tort reform of its own. The state has had 37 years now to see its effects, at least with regards to caps on medical malpractice lawsuits. California passed the Medical Injury Compensation Reform Act (“MICRA”) in 1975. MICRA enacted caps on certain parts of the awards that victims can receive in medical malpractice lawsuits. It limits pain and suffering awards to $250,000. The law also limits the amount of money that attorneys can receive from contingency agreements where an attorney receives money only if the plaintiff prevails. Supporters of MICRA had hoped that the law would reduce medical malpractice insurance premiums, whose soaring costs had become a financial burden on doctors. The evidence, though, suggests that the law had little effect. Premiums and healthcare services in California in general continued to grow even after MICRA’s passing in 1975. What lessons can businesses take away from California’s…
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