Articles

Workers’ Compensation: Your “Exclusive” Remedy?

By Ryan Drakulich If you have been injured at your place of work or while performing work duties, you may be under the belief that filing a workers’ compensation claim is your only route to recovery. Many injured workers believe that a workers’ compensation claim is their only option due to the exclusive remedy rule…. read more

How Do You Settle a Child’s Lawsuit in California?

By Darren Aitken Here at Aitken*Aitken*Cohn, our Orange County personal injury attorneys represent many clients who are under the age of eighteen. These clients, due to their age, are considered minors under California law. While the rules governing claims for minors is identical to those for adults in most respects, the settling of a minor’s… read more

Focus Groups on a Shoestring Budget

By Casey Johnson Every case has its warts.  How many warts a case has and how bad those warts usually determine whether or not a case ultimately gets sent to a jury for determination.  There are many excellent jury consultants and companies that do focus groups and mock trials (many of whom are loyal sponsors… read more

Is Negligent Supervision and Hiring Covered by Commercial General Liability (CGL) Policies?

By Michael Penn Hard Hat Construction Corp. employs Carl, a retired teacher that now works as a nighttime security officer. Carl is often under the influence while on the job. One evening, Carl decides to take a forklift off property for a spin on the open road and causes a car accident when several drivers… read more

Bicycles v. Motor Vehicles: Who Owns the Road?

By Atticus Wegman Who owns the road between bicyclists and motor vehicles? Both, technically. For the most part, bicyclists have the same rights and responsibilities as motor vehicle drivers (see California Vehicle Code section 21200). Our firm handles many cases involving this area of the law where bicyclists’ rights are pitted against drivers’ rights. Oftentimes,… read more

Assembly Bill 3262 Will Hold Online Marketplaces Responsible for Selling Dangerous Products

By Megan Demshki In an exciting step forward for consumers, the California Assembly approved legislation on June 11, 2020, that will hold online marketplaces like Amazon to the same legal standard as brick and mortar stores when they sell dangerous products. Assembly Bill 3262 was developed because online retailers frequently attempt to skirt consumer protection… read more

Icing on the Cake (From the OCTLA’s The Gavel)

By Atticus Wegman and Ryan Drakulich This piece was originally published in the OCTLA’s print edition of The Gavel in the Winter 2020 edition (Volume 23, Number 1) as the cover story. Sounds good, right? Well let’s go get some. Here’s the scenario: your client is injured in a motor vehicle crash. You attempt to… read more

Conception Dive Boat Scrambles to Avoid Liability and Accountability: Tragedy Strikes us in Anaheim Hills ⁠— A Note from Wylie Aitken

Aitken Aitken Cohn, through Megan Demshki and I, have been working on a boating tragedy where “The Attessa IV,” a 337 foot mega yacht, struck a fishing boat, “The Prowler,” just outside of the San Diego Harbor on October 26, 2018 injuring 21 fisherman. This collision also caused the death of an Orange County resident… read more

Ashleigh and Michael’s Love Story Published in KUDOS Newport Beach Magazine

Just in time for Valentine’s Day, KUDOS Newport Beach published the story of how a blind date led Ashleigh Aitken and Michael Penn to their happily ever after. Aitken Aitken Cohn partner Michael Penn and of counsel Ashleigh Aitken have shared 18 joyous years and 3 beautiful daughters together, but how did it all start?… read more

Governmental tort liability warning: Beware of 23 U.S.C. 409 – a defense tactic that is a blatant attempt to “impede the search for truth”

As published in the May/June 2018 CAOC’s The Forum Magazine Governmental tort liability warning: Beware of 23 U.S.C. 409 – a defense tactic that is a blatant attempt to “impede the search for truth” By Wylie A. Aitken and Megan G. Demshki Our client was enjoying the final months of her senior year of high… read more