Category: California

Why Are Women Safer Drivers than Men?

Posted on August 5, 2014 by askthelawyers.com™

San Diego women drive more safely than men, according to data released by San Diego County.

From 2000 to 2009, men died in car accidents three times more often than women did. The driver who survived the crash was four times more likely to be a man as well.

Men are more likely to commit traffic violations like speeding, failing to yield and running red lights. Women are still involved in their share of accidents, but on average men engage in more risky driving behaviors.

The study also showed that alcohol use is the distinguishing factor between male and female car accidents. Men are responsible for 80 percent of drunk-driving fatalities in San Diego.

San Diego’s study provides important insight into male and female driving habits, but more importantly it shows the impact of driving while intoxicated.

Drunk drivers are dangerous regardless of gender, because they are less coordinated, have trouble maintaining speed and react more slowly to changes on the road. As soon as drunk drivers get behind the wheel, they risk their own lives and the lives of every other motorist.

Dudek Law Firm, APC – San Diego Personal Injury Attorney

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Pom Wonderful Sues Coca Cola Over Deceptive Marketing

Posted on July 25, 2014 by askthelawyers.com™

In a trademark infringement case, a plaintiff does not have to prove profit loss to win his case. If he can prove customer confusion and damage to his brand, he is still eligible to collect damages.

In 2008, Pom Wonderful accused Coca Cola of unfairly marketing their pomegranate juices. Coca-Cola’s pomegranate-blueberry drink was mostly apple and grape juice. In fact, the drinks contained .03% pomegranate juice and only trace amounts of blueberry juice.

Coca Cola defended the product’s marketing and packaging, stating that all five fruits in the drink were pictured in the label, and the list of ingredients was accurate. Food industry laws prevent companies from being sued as long as they correctly publish the drink’s ingredients.

In the lawsuit, Pom Wonderful claims Coca Cola falsely marketed the product to capture pomegranate sales after they achieved success with their own product. The suit is alleging false advertising, unfair competition, and trademark infringement.

Federal trademark laws allow businesses to sue their rivals if they can prove that the other party’s false marketing is hurting their commercial interests. Pom Wonderful does not have to prove profit loss if they can prove that Coca Cola intentionally caused confusion among consumers, or that Coca Cola’s inferior product damaged their brand.

Two years ago, a federal judge in the Ninth U.S. Circuit Court of Appeals threw out Pom Wonderful’s lawsuit, citing the food industry food labeling laws. On June 12, the Supreme Court overturned the lower court’s decision and allowed the case to move to trial.

 

Klein Trial Lawyers—Los Angeles business litigation lawyers

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Cities Investing in Cycling Attract Millennials, Women

Posted on July 24, 2014 by askthelawyers.com™

San Diego and several other cities are investing in cycling-specific infrastructure while encouraging residents to ride bikes as a way to reduce traffic and air pollution, promote fitness and discourage sedentary lifestyles. Cycling already leads to numerous health benefits, but some critics are wondering if cycling is a good investment.

To find the answer, researchers used Auckland, New Zealand as an example of a large urban city, and developed several hypothetical cycling policies to determine their cost and return on investment.

Researchers developed three policies to invest in bike friendly infrastructure:

Regional Cycling Network (RCN) – clearly marked designated bike lanes with no physical barrier between cyclists and traffic on 46 percent of main roads, as well as a small number of shared bus and bicycle lanes.

Arterial Segregated Bike Lanes (ASBL) – One-way lanes with a physical barrier separating drivers from cyclists on all main roads.

Self-Explaining Roads (SER) – Modifying street layouts to include structural changes and visual cues meant to slow traffic and create more room for cyclists.

The most effective strategy combined the ASBL and SER policies, which were highest in cost but provided the most benefits. Commuter cyclists would increase by 40 percent, while car use would diminish to only 40 percent of all commuters. Most importantly, the increased activity would save the lives of 3,750 people by 2051.

The regional cycling network was the least beneficial, increasing commuter cyclists from 1 percent to 5 percent by 2051, but the increased physical activity alone would save 450 lives.

In all scenarios, the health and societal benefits of cycling far outweighed the risks, proving that cities willing to invest in cycling-specific infrastructure are investing in a healthy future for their residents.

Sponsored by Dudek Law Firm, APC of San Diego, CA

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Military Mom Mourns Daughter’s Death

Posted on July 23, 2014 by askthelawyers.com™

A San Diego military mom was returning from Afghanistan when she received the tragic news that her daughter had been found dead in Ocean Beach just four days after she arrived. Investigators believe she was the victim of a hit-and-run accident.

Police found the young woman’s body in the brush alongside Nimitz Boulevard, dead from injuries that were most likely caused by a car accident.

Investigators collected fragments at the scene to find clues, but they found debris from multiple collisions. In the absence of a description of the vehicle or a cooperative witness, police have little evidence to begin their investigation.

After hoping for a happy reunion, the military veteran is now planning a special ceremony to say goodbye to her daughter. She plans to hold a local ceremony on June 27, then spread the young woman’s ashes over Panama City Beach, which always held a special significance for the remaining family.

 

Dudek Law Firm, APC – San Diego Personal Injury Attorney

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Driver Loses Control, Two Fatalities Reported

Posted on June 4, 2014 by askthelawyers.com™

A suspected drunk driver caused two fatalities when he lost control of his vehicle on Interstate 8. On Saturday, April 19, the 26 year old was traveling west on the highway in the early morning hours when he drifted onto the center median. Traveling at about 70 mph, the driver overcorrected and lost control, swerving sharply to the right. His car barreled through a chain link fence and collided with a concrete structure.

When authorities responded to the scene they found several occupants inside the car. The two 20-year-old passengers with the driver were pronounced dead at the scene, and the driver was found seriously injured but alive. California Highway Patrol immediately escorted the victim to the hospital for treatment. When he stabilizes, he is likely to face charges of felony DUI causing death and vehicular homicide.

Motorists often lose control of their vehicles after a minor collision with a guardrail or median. They panic and overcorrect, swerving into other lanes of traffic. Drinking or other intoxicants increases this risk, because drivers are less able to judge distances and can be traveling at unsafe speeds.

Sponsored by Dudek Law Firm APC of San Diego, CA

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Technology Giants in Battle Over Patents

Posted on June 4, 2014 by askthelawyers.com™

Apple is currently suing Samsung for patent infringement over features in several Samsung phones. Apple is seeking two billion dollars in damages over technological innovations like slide-to-unlock, word correction and contextual links. Samsung is countering with claims that the features mentioned in the suit were not Apple innovations at all, rather that they were developed independently of Apple so Samsung has done nothing wrong.

Google has come to Samsung’s defense and offered to testify in the suit about two of the innovations in question: background sync and universal search. They are willing to claim responsibility for the innovations and back up Samsung’s claim that they were not developed by Apple.

Technically, Apple could have named Google in the original patent infringement suit, but since they freely distributed Android, Apple would not have made much money off the case. Samsung on the other hand sold and distributed millions of phones, so a lawsuit against them would be much more lucrative.

No word yet on whether or not Google will assume any financial responsibility for the suit, but the details should be available soon.

Sponsored by Klein Trial Lawyers of Beverly Hills, CA

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Nickel-and-Dimed By Your Employer?

Posted on May 30, 2014 by askthelawyers.com™

A column in the Los Angeles Times recently explained how employers across the country are attempting to save money by quibbling with low-wage employees.

The column, by Michael Hiltzik, explained that a survey done by UCLA discovered that respondents lost an average of 12.5 percent of their pay, or $2,070 annually out of average pay of $16,500, due to wage theft.

“Nickel-and-diming pays well, for the employer,” Hiltzik said. “A study published in 2010 by a network of employment rights organizations calculated that employment and labor law violations cost low-wage workers in New York, Chicago and Los Angeles alone an estimated $56.4 million a week.”

Not only is it immoral that companies would do this to low-wage earners, but also illegal. Wage and overtime laws exist to ensure that employees are given compensation for the work they perform.

Sponsored by Kesluk, Silverstein & Jacob, located in Los Angeles, California.

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Calif. Truckers Awarded $2.2 Million in Labor Misclassification Lawsuit

Posted on May 22, 2014 by askthelawyers.com™

A California logistics company must pay $2.2 million to several short-haul truck drivers it misclassified as independent contractors.

According to ThinkProgress.org, the California state labor board ruled last month that by labeling the drivers as contractors, Pacer Cartage, Inc. was able to avoid paying the workers for things like time spent waiting at the port to pick up a load and reimbursements for job expenses.

Often, trucking companies try to skirt around overtime payments by classifying employees in various fashions, like as independent contractors. However, wage and overtime laws exist to ensure that employees are given fair and just compensation for the work they perform.

Sponsored by Kesluk, Silverstein & Jacob, located in Los Angeles, California.

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Samsung’s Expert Witnesses Testify Against Apple

Posted on May 13, 2014 by askthelawyers.com™

In the ongoing patent infringement suit between Apple and Samsung, the latter has just changed the balance considerably through its expert witness testimonies. Most of their witnesses were computer science academics who claimed that the allegedly infringing technologies were, in fact, developed independently of Apple before their patent registration. “In my opinion, they do not infringe,” said a professor.

Furthermore, Samsung was perplexed as to why they were the target of the lawsuit when Google developed most of the allegedly infringing technologies as components of its Android operating system. However, Android is open-source and was released for free, so Google has not directly profited from any of the allegedly infringing technologies.

Sponsored by Klein Trial Lawyers of Los Angeles, CA

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Are Box Trucks As Dangerous As Semi-Trailers?

Posted on May 12, 2014 by askthelawyers.com™

“I was asleep and next thing you know I was jumping out for my life,“ said a survivor of a horrific bus crash on Thursday, April 10. A FedEx box truck crossed a median and collided with a charter bus filled with students. The bus was part of a caravan of prospective college students headed to Humbolt State University to learn about the value of higher education. Both the box truck and bus driver died along with five students and two chaperones.

The National Transportation Safety Board (NTSB) is currently investigating the accident. “One, we’re going to be investigating the human, the machine and the environment, and what’s critical for us especially in highway accidents is for us to collect perishable information,” said a NTSB investigator. “The most important thing we can do is issue recommendations so that these kinds of accidents don’t happen again.” The results of their investigation may have important policy implications in years to come.

Sponsored by the Dudek Law Firm, APC of San Diego, CA

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