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Month: September 2015

Bill Seeks to Reduce Liability for Disability Violations

Senate Bill 251, approved by the state Legislature last week, would give businesses that pay for a Certified Access Specialist inspection a 120-day window to remedy construction-related disability violations without being liable for minimum statutory damages. Proponents, which include more than 40 chambers of commerce and hotel associations, say the bill promotes compliance over damage…

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Bill Would Increase Access To Special Needs Trusts

Legislation approved by the U.S. Senate this week may soon make it easier for people with disabilities to save money. The bill known as the Special Needs Trust Fairness Act would allow individuals with disabilities to establish a special needs trust for themselves. Under current law, such trusts must be created by a parent, grandparent,…

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Bergman’s Firm Wins Appellate Writ Petition of HOLA Preemption Ruling Against OneWest

On March 20, 2015, Judge Mark Mooney, a LA Superior Court judge, dismissed our client’s tort claims against OneWest in a case involving OneWest’s negligent conduct and wrongful foreclosure. The trial court sided with OneWest’s argument that the Home Owners Loan Act “HOLA” (12 USC Section 1461 et seq.) preempted all state-law tort claims like…

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