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The attorneys of Harmeyer Law Group, APC (“HLG”) often submit legal briefs and/or articles about current topics and/or relevant legal issues.  HLG has extensive experience in warranty law, products liability, insurance and indemnity.  HLG strives to keep its clients and the general public up to date on current issues in the law.

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Privity and Reliance as it Relates to Express Warranty

Mr. Harmeyer filed a Petition for Review with the California Supreme Court in Hardage Hotels v. First Co. based on legal issues surrounding the enforcement of express warranties.  Through the Petition, Mr. Harmeyer argues that privity and reliance do not apply in the analysis of enforcement of an express warranty.  Although privity is required for implied warranties, it is not a requirement for an action based on express warranty.  Through the Petition, Mr. Harmeyer reveals the significant confusion in California law, and the recognition...

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Amicus Curiae Brief on the Duty to Defend

Jeff G. Harmeyer filed an Amicus Curiae Brief in the Supreme Court case of Crawford v. Weather Shield related to whether the indemnity clause contained in the construction contract sets forth, in sufficiently clear and explicit terms, a defense obligation that is broader than the indemnity obligation. A copy of Mr. Harmeyer’s Amicus Curiae brief is attached. CRAWFORD – AMICUS CURIAE BRIEF

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Amicus Curiae Brief on Negligent Entrustment and Negligent Hiring

Jeff G. Harmeyer wrote an extensive Amicus Curiae brief in the Supreme Court case of Diaz v. Carcamo related to whether negligent hiring provides an opportunity for plaintiffs to circumvent the protections of Section 1104 whenever a motor vehicle accident involves an employee driver, and whether negligent hiring is ever an independent tort cause of action requiring separate allocation of comparative negligence. A copy of Mr. Harmeyer’s brief is attached. DIAZ – AMICUS CURIAE...

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How the Jeld-Wen decision affected the CD Mediation Process.

How the Jeld-Wen decision affected the CD Mediation Process.

Read the entire article in PDF – JUDICIAL COUNCIL AUTHORITY AND THE PROPOSED AMENDMENT TO CALIFORNIA RULES OF COURT, RULE 3.1380 I. Introduction:   To the relief of some and the chagrin of others, last year’s Jeld-Wen decision dealt a blow to the mediation industry by prohibiting courts from ordering parties to attend and pay for private mediation. The Jeld-Wen court clearly articulated the definition of mediation as follows: Mediation is defined as a “process in which a neutral person or persons facilitate communication between...

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