FOR IMMEDIATE RELEASE
CALIFORNIA COURT OF APPEALS TO HEAR ARGUMENT ON AMAZON’S LIABILITY FOR SALES OF DEFECTIVE PRODUCTS WHICH INJURE AMAZON CUSTOMERS TUESDAY FEBRUARY 23

San Francisco – February 22, 2021 – The California Court of Appeals will hear oral argument on Tuesday, February 23rd, 2021, on the question of whether Amazon can be held liable for injuries caused by defective products made by “3rd Party Sellers” who list and sell their products on Amazon and ship direct to customers.  

Kisha Loomis was burned and her house caught fire when a hoverboard she bought for her son for Christmas 2015 blew up in her home. The hoverboard was manufactured in China by a Chinese company “Smileto” and sold under the alias “TurnUpUp” on Amazon as a Smart Balance Wheel. Smileto sold over 380,000 hoverboards on Amazon in the 4th Quarter leading up to Christmas. On November 28, 2015, Ms. Loomis bought the hoverboard on Amazon who placed the order with Smileto/TurnUpUp which directly shipped the product to Ms. Loomis who received it on December 16, 2015.  Amazon collected and processed payment receiving 15% of the $370.00 sales price ($55.00) plus a listing fee and other related fees.  

In November 2015, Amazon became aware of hoverboards spontaneously bursting into white-hot flames. On November 20, 2015, Costco had recalled the same Smart Balance Wheel product. On December 4th, 2015, Amazon UK pulled all hoverboard listings, including Smileto’s, down because of fire danger. On December 10, 2015, Amazon acknowledged it was aware of at least 17 reports of hoverboards sold on Amazon spontaneously bursting into flames and stated they were concerned that there were fire safety issues from “Chinese hoverboards.” Only then did the Amazon “Product Safety Team” take down tens of thousands of hoverboard listings. AMAZON did not inform Ms. Loomis about the danger associated with the hoverboard she had purchased. Amazon did not tell the sellers to stop shipping the hoverboards already purchased and the dangerous hoverboard was shipped and arrived on December 16, 2015 and was placed under the Loomis family’s tree. It was opened on December 25th and, on December 31st, while plugged into an outlet, it spontaneously burst into intense, flare-like flames. Ms. Loomis was burned, and her home was heavily damaged.  

The Chinese manufacturer had “gone out of business” and Amazon was sued as a retailer under California Law that holds manufacturers, distributors, retailers and others in the chain of marketing, sale, and distribution liable for damages caused by defective products they sell.

A Los Angeles Trial Court sided with Amazon saying it was not in the chain of distribution and not a seller of products but, instead, a platform where buyers and sellers are put together and, further, that they were protected by the Computer Decency Act, Section 230 as their posting was protected speech. 

Christopher Dolan, Appellant Loomis’ attorney, stated, “This is one of the most important cases before the courts.  A mom-and-pop toy store which sold the same product would be held liable as a retailer but Amazon, the biggest online retailer with 46% of online sales, valued at over a trillion dollars, will go scot-free?  This is a crime. First, they drive retailers out of business and then claim that they can’t be held liable as a retailer even though they control the whole transaction. As they take over the world of sales, they must also assume the responsibility those brick and mortar stores they put out of business had.  Let’s face it, Amazon is selling products, making a huge profit, and not making an effort to assure that the foreign and domestic goods they sell are safe. They want all of the money but none of the responsibility. They have to be stopped.”

The 1:00 p.m. hearing may be viewed remotely at https://primetime.bluejeans.com/a2m/live-event/yxpekfyh. 

Today we had the opportunity to catch up with San Mateo County Trial Lawyer Association’s Treasurer and our senior associate attorney Kim Levy from our San Francisco office. Super Lawyers recognized Kim as a Rising Star among Northern California attorneys.

As a senior associate attorney, Kim Levy has experience litigating all types of injury cases.

Kim started her legal career at the Northern California Innocence Project, where she assisted in investigating and exonerating factually innocent clients that had been convicted of felonies or assisted in confirming those convictions. Kim also worked in a civil litigation firm assisting with business and contract litigation as well as elder abuse cases.

In 2011, Kim began practicing personal injury and wrongful death law. From drafting complaints, discovery requests, demands and briefs, to writing and arguing motions, negotiating settlements, and assisting with jury trials, Kim possesses extensive litigation experience.  She is a compassionate attorney, dedicated to fighting for her clients.

Interview

Hello Kim, thank you for taking the time to speak to us. How does it feel to be recognized as a Super Lawyer Rising Star in 2020?

Thank you!  I am honored to be recognized by my peers as a Super Lawyer Rising Star this year. With so many wonderful and accomplished lawyers in our community, I am humbled to be acknowledged by my colleagues as providing meaningful contributions to the field.

Who was most influential in setting you on a path to becoming a lawyer? 

There wasn’t really one person that influenced my decision to become a lawyer. My first adult experiences out in the world opened my eyes to the vast disparity, amongst our diverse population, in access to resources. I decided then that I wanted to pursue a profession where I could help close that gap.

What tips would you share with others who are thinking about going to law school?

Law school isn’t easy, but neither is the practice of law.  Don’t expect to skate through.

What tips would you share with new attorneys who are just starting in the P.I. plaintiff side?

1. Practice with integrity.
2. Build a community for yourself by becoming involved with professional organizations; reaching out to colleagues for help and support; and finding a mentor. 

With court shutdowns due to COVID-19, has this affected the way you prepare cases for trial? 

While COVID-19 has really changed our ability to get to trial, it shouldn’t change the way we work up cases. The best way to make sure you get great results for your clients is to prepare for trial from day one.

Many industries are changing the way they work and seem to be doing more work away from the office. Do you think the legal industry will change in a similar manner? 

The legal industry has already changed to accommodate remote work with Zoom depositions and court appearances.  Legal writing also lends itself to the remote work environment.  However, in some regards, there really is no substitute for in-person interaction.  I’m a big believer in the power of collaboration and teamwork.  It is much easier to connect with others when we can be physically present, rather than virtually present.  I’m optimistic that we will get back into the office and the Courts. 

 

Thank you for your time Kim and congratulations on being recognized again as a Super Lawyer Rising Star! 

Dolan Law Firm Announces the Recipient of the 2020 Justice Empowerment Scholarship

 

Christopher Dolan, founder and lead trial counsel at Dolan Law Firm, PC announced today that the recipient of the 2020 Dolan Law Firm’s Justice Empowerment Scholarship Program is Briana Guerrero-Vega, a graduate student at California State University-Chico. The law firm is awarding Ms. Guerrero-Vega a $2,500 scholarship.

Briana Guerrero-Vega is an arising first generation graduate student at California State University-Chico. She has a bachelor’s degree in Social Work & Multicultural Gender Studies with an emphasis in Women Studies and is currently studying for her Masters of Social Work. This year, she was recently promoted as the Program Director for the Gender & Sexuality Coalition. She is passionate in pursuing her studies and wants to make sure she brings the value of intersexuality to others who are barely exposed to the term.

In her powerful video, Briana returns to her community in San Francisco, CA to discuss what justice means and explains how to better promote the well-being of society to validate intersectional to advocate for justice.  Ms. Guerrero-Vega “first thought the scholarship was a unique topic; justice, a conversation that most scholarships do not ask. I was not only inspired to show my background but showing how someone from an urban community can thrive”.

Here is Briana Guerrero-Vega’s award-winning video:

We admire Briana’s time and dedication for her video and her commitment to educating her community. She met and surpassed the criteria and demonstrated the qualities we look for in our scholarship program. We hope that Briana’s video and the others posted via YouTube will inspire and encourage young audiences nationwide to advance the cause of social justice in their communities. At Dolan Law Firm, we share the same values and beliefs that justice is for all.

Additional 2020 Justice Empowerment Scholarship Submissions

Gabriel Ponce, California State University-Fullerton 

Shawn Arthur, Texas State University 

About Dolan Law Firm

With offices in San Francisco, Oakland, Marin, and Los Angeles the Dolan Law Firm represents clients in personal injury; car, Uber, motorcycle, bicycle, and pedestrian accidents; elder abuse and neglect; employee rights and wrongful termination; whistleblower; and civil and LGBT rights cases. Learn more at https://dolanlawfirm.com

Today we had the opportunity to virtually catch up with our senior associate attorney, Megan Irish from our San Francisco office. Megan Irish is a determined and experienced advocate for those injured in catastrophic incidents and the loved ones of those who died. In 2018 and 2020, Super Lawyers recognized Megan as a Rising Star among Northern California attorneys.

“Our clients come to us often having suffered terrible, life-threatening injuries,” Megan states. “They need superior and compassionate legal representation. I take great pride in helping our clients navigate the complexities of the legal system, ensuring their story is told and obtaining for them full and timely compensation.”

From case investigation, pre-litigation settlement negotiations, drafting the complaint, fact discovery, preparation of experts, and motions practice to mediation, settlement or trial, Megan excels in all phases of civil litigation. With nearly ten years of litigation experience, Megan has assisted her clients recover over $24.5 million in verdicts and settlements.

At the Dolan Law Firm, Megan has successfully represented clients in a wide range of individual cases, including:

• Bicyclists, motorcycle riders, and car drivers & passengers seriously injured due to the fault of another vehicle owner;
• individuals who suffered fractures, concussions, or spinal injuries from slipping and falling at poorly maintained properties;
• consumers injured by defective and dangerous products; and
• victims of dog bites.

Megan is an active member of attorney organizations dedicated to the preserving access to justice for all members of society and fostering ethics, civility, and expertise in the legal profession, including the Consumer Attorneys of California(“CAOC“), and the San Francisco Trial Lawyers Association(“SFTLA”)

Interview with Megan

Hello Megan, thank you for taking the time to speak to us. How does it feel to be nominated as a Super Lawyer Rising star in 2020?

It is an honor to be recognized by my peers as an attorney worthy of this recognition.

Tell us about your last trial in the Vanderheyden case. You received a Plaintiff’s verdict. Is there a point in time when you just know you are going to win the case? Or does it always feel like its up in the air?

The Vanderheyden case was the first time I sat second chair at a trial. I remember sitting with Mr. Vanderheyden at our very first meeting, working over the years, strategizing on his case, and seeing him through to the end was an amazing experience.  As plaintiff attorneys, we do not have crystal balls and cannot promise anything; putting the case in the hands of the jury was nerve-wracking! I never took for granted that Mr. Dolan was doing an amazing job presenting evidence and eliciting testimony that was clear and strong for our Plaintiff.  I am proud of the Plaintiff’s verdict that was obtained, as it was just and right.  I was also very energized by watching the jury at work. 

What has surprised you the most about trials?

The scheduling aspect of witnesses is amazingly difficult, and even though I’d been told about it, it was like a putting together a jigsaw puzzle without all the pieces, nothing really fits together, but you look at the picture and you figure it out as best you can.  You always want to have a witness ready to put on the stand, and sometimes that means having someone wait all day in the hallway, just in case you need them.  It’s very important to be respectful of the jury’s time and keep a case moving forward. 

As a working parent, do you have any advice to other parents? How do you maintain a work and personal life balance?

Right now, at seven months into sheltering-in-place under the pandemic, my work/life balance is very different.  Traditionally, I did my best to be home for dinner, bath and bedtime, and then I would get back to work after my kids were in bed, as needed.  Having that routine with my kids was really important to me, and knowing I’d carve out daily time for them makes working really hard, or on weekends okay, because you are still developing a strong relationship with them.  Now, I’m sharing my kitchen table “office” with a kindergartner and a third grader. This is a very new norm… I make it work by logging in early or logging back in after bedtime as I need to meet deadlines and move cases forward.  I’m taking it one day at a time.  We also recently got a puppy, and I’m finding that taking him on walks has been really good for me, and its energizing to get your body moving and helps me get things done overall.   

Who inspired you to become a trial lawyer?

I decided in third grade I wanted to be a lawyer.  I had no real idea what that meant then, but I’d made my mind up.  After graduating with my bachelor’s degree in Rhetoric from UC Berkeley, I was encouraged by my boss at the dental office I was working at to go on to law.  Her father had been a lawyer, and even though we had a great working relationship at the office, she pushed me to go after my dream.  I left her office after eight years and went to work at a law firm.

What is something you can share with law students that you wish someone would have told you?

I think law students should work for a law firm before going to law school.  So really, my advice is for pre-law students.  I would recommend taking some time between your undergraduate degree and going on to law school to work in an area of the law you are interested in. Everyone should see first-hand what a law career can look like before committing the time, energy and money to the education.   

What tips would you share with new attorneys who are about to explore your field of work?

Take an anatomy class.  Learning about the body is crucial for any personal injury attorney.

This morning, we had the opportunity to catch up with our senior associate attorney from our Oakland office and current president for the Filipino Bar Association of Northern California. FBANC is an organization of attorneys, judges and law students dedicated to serving the Filipino American legal community in Northern California. As a talented attorney, Mari Bandoma Callado represents employees in wrongful termination, discrimination, harassment, retaliation and human trafficking cases. She also represents injured individuals and families of loved ones who have died due to the fault of others, including in elder abuse and neglect lawsuits. From 2017 to this year, Mari is recognized as Super Lawyers’ Rising Star among Northern California attorneys.

At the Dolan Law Firm, Mari assists courageous employees in safeguarding their rights and has achieved remarkable success in cases involving:

• Age Discrimination;
• Disability Discrimination;
• Family Medical Leave Act (FMLA) and/or California Family Rights Act violations;
• Ethnicity and National Origin Discrimination;
• Gender and Sex Discrimination;
• Human Trafficking;
• Pregnancy Discrimination;
• Race Discrimination;
• Retaliation and Wrongful Termination;
• Sexual Harassment;
• Sexual Orientation Discrimination;
• Wage & Hour violations (including failure to pay overtime, break time or vacation time)
• Whistleblower Retaliation

“While important, for most employees we represent it’s not just about recovering monetary damages,” Mari explains. “They have been treated unfairly and suffered significant emotional distress. Justice demands that their rights be vindicated and wrongdoers be held accountable.”

Mari has successfully represented clients in a wide range of individual personal injury & wrongful death lawsuits including:

• Bicycle Accidents
• Car Accidents
• Hazardous Roadways
• Motorcycle Accidents
• Premises Liability (“Slip and Fall” cases)
• Bar Owner Liability
• Public Transportation Accidents
• Assault and Battery
• Hate Crime
• Elder Abuse
• Products liability
• Wrongful death

Mari has been an active member of several local national bar associations, including the Filipino Bar Association of Northern California where she has been a member since 2010 (as a law student) and served as a board member three years later. She now serves as FBANC’s 40^th president and chairs several committees.

Interview with Mari

Hello Mari, thank you for taking the time to speak to us. How does it feel to be FBANC’s 40th president? 

It truly is an honor to serve as FBANC’s 40th President.  I have to say that this is a challenging year to be president as nothing about this time is ordinary.  We could not have anticipated how our lives, our economy, and our sense of normalcy would be severely disrupted by a public health emergency.

The pandemic also exposed pre-existing racial inequities in our health system as COVID-19 continues to disproportionately kill people of color – particularly Black Americans.  It also reminded us how quickly, and unapologetically, this nation shifts the blame on the “other” during moments of crisis. The violent deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery at the hands of police and vigilantes sparked a public outcry to eradicate an arguably deadlier disease, racism. 

These last couple of months have placed a spotlight on the horrific injustices that Black Americans suffer. As a mother to a two-year-old son, I feel sick to my stomach thinking about how Black mothers live in a constant fear of never seeing their sons again.  I refuse to imagine, it’s impossible to imagine, it’s a privilege to not be able to imagine. 

All mothers were summoned when George Floyd called for his mama.  As lawyers, we are privileged to hold this power.  We have an obligation to use our voice to speak up for those muzzled by systemic racism and to continue to serve marginalized communities.  As president, I hope to continue serving the Filipinx and Filipinx-American and marginalized communities as FBANC has done for the last four decades.

Tell us about the virtual installation ceremony. What were the major challenges about organizing such an event?

The FBANC Board transformed its annual fundraiser gala, which FBANC planned to host 300+ guests, into a virtual installation ceremony.  The ceremony featured trailblazers in the Filipino-American legal community including the induction of FBANC’s officers by California Supreme Court Chief Justice Tani Cantil-Sakauye; remarks by the Hon. Benjamin Reyes, II, the first Filipino-American superior court judge in Contra Costa County, the Hon. Audra Ibarra, the first Filipina-American superior court judge in the SF Bay Area, remarks by Rob Bonta, the first Filipino-American Assemblymember in the California Legislature.

FBANC kicked off the celebration with a virtual cocktail reception and held a virtual afterparty with a live DJ.  The ceremony was attended by almost 140 viewers and has been viewed over 500 times on YouTube, making it the most attended FBANC installation ceremony to date.  During the ceremony, the FBANC Foundation, which provides scholarships to support the educational development of Filipino and Filipino American lawyers and law students in Northern California, awarded over $40,000^[1] in scholarships and stipends to aspiring attorneys.

Switching to a virtual format for our annual fundraising gala means we did not incur typical expenditures related to that event. FBANC hosted the ceremony at no cost to attendees in light of the economic downturn and to encourage donations to other causes.  In light of the financial impacts of COVID-19, FBANC leadership made a conscious decision not to seek sponsorships for the virtual gala. Therefore, one big challenge is funding our programming this year.  Fortunately, because of the Board’s financial stewardship over the past several years, FBANC still begins the year with sufficient funds to operate. In the coming year, FBANC plans to adopt a cost-saving budget to preserve its financial resources. FBANC will also solicit sponsorships for its programming and conduct membership drives to supplement its operating budget.

 What are some major goals for FBANC for the coming year?

Established in 1981, FBANC aims to continue serving our community and remains committed to diversifying the legal profession and providing a voice for, and advocating on behalf of, Filipinx and Filipinx-American interests in various forums.

The global pandemic forced FBANC to think outside the box in terms of member engagement.  FBANC’s programs will be virtual for at least the end of the year.  We are hosting a virtual conference for law students on August 9 and well as offering professional development webinars and remote social events.  FBANC is also aiming to raise $40,0000 for the FBANC Foundation’s legal scholarships and stipends to celebrate FBANC’s 40th anniversary.  To facilitate serving the community, FBANC will be relaunching our free remote legal clinics and will be providing webinars to the public on various issues. 

 I realize this may be a broad question, but how has COVID-19 affected the Filipino and Filipino American community in the Bay Area?

First respondents and healthcare workers have made sacrifices serving on the frontlines all across the country every day, but particularly during the COVID-19 pandemic, including losing their lives. Filipinx Americans make up a large portion of the nation’s health care workforce. In the Bay Area, approximately 17% of nurses are Filipinx/Americans.

Moreover, it has been reported that COVID-19-related fatalities have higher rates in the Filipinx American communities. Experts believe the higher risk factors among Filipinx and Filpinx Americans could be prevalent preexisting health conditions, poverty, undocumented status and lack of health insurance.

In the wake of the COVID-19 pandemic, FBANC recognized the widespread need in our community for support and legal assistance.  FBANC contributed to relief efforts through the following initiatives by:

• Releasing a Resource Guide for workers, tenants, domestic violence survivors, and immigrants after California’s shelter-in-place orders took effect.
• Presenting legal information via webinars and interviews with The Filipino Channel to provide legal resources to the Filipinx and Filipinx-American community.
• Launching a two-month long Virtual Unemployment Form Assistance Clinic with Asian Americans Advancing Justice – Asian Law Caucus. Over 70 volunteer attorneys, law students and advocates offered 1400+ pro bono hours to the public. The virtual clinic provided services in Tagalog, Ilocano, Cebuano, Cantonese, Mandarin, Korean and Spanish to almost 500 clients.  The clinic assisted 140 clients with filling out unemployment, disability and paid family leave benefit from start to finish.  FBANC also trained two local organizations to provide a similar service.
• Providing a wills assistance virtual clinic and legal resources to emergency responders through a partnership with Legal Access Alameda and hosting a free webinar on basic estate planning for health care professionals.
• Providing (through the FBANC Foundation) over $10,000 in COVID-19 relief stipends to law students who have been affected financially by the pandemic.

 You were also nominated as a Super Lawyer Rising Star this year. Tell us what this means to you?

It is an honor to be included on the Super Lawyer’s Rising Star list for the fourth consecutive year because to be eligible for this recognition, you have to be nominated by your peers.  Moreover, fewer than 2.5% of eligible licensed attorneys who have either been practicing for fewer than ten years, or are under 40 years old are given this recognition.

In the age of COVID-19 and as working parent, do you have any advice to other parents? How do you maintain a work and personal life balance?

With childcare options being extremely limited, my husband and I have had to coordinate working and caring for our two-year-old.  We had to work on communicating with our work. In the first few weeks of shelter-in-place, it seemed harder to maintain a work and personal life balance.  There was something about having my workstation at home that made it difficult to step away from it, even after work hours.  I try to squeeze in play time with my toddler and stepping out for walks during the day so I can take a “real” break, which is better for my sanity and health.

 Who inspired you to go to law school? Did you have mentors that helped you along the way?

My father was injured at work in 2004.  Instead of supporting him during a vulnerable time, his former employer discriminated against him for his disability, requesting accommodations and taking job-protected leave. His former employer retaliated against him and terminated his employment. I felt the worry and anxiety my parents struggled with as they figured out how we were going to supplement my father’s lost income. I told myself that I would never let anything like this happen to my family or any of my loved ones again.

I immigrated to the United States when I was twelve years old.  I was the first person in my family to go to a college in America, let alone law school. During law school, I became a law student member of FBANC where I met many of my mentors who gave me advice along the way, even today as I navigate being an immigrant, woman of color in the legal profession.

 Do you have any advice to young students exploring law school?

Students who are interested in going to law school should reach out to attorneys to learn more about their practice area and what they do on a day-to-day basis. Law school is a big investment, so it’s worthwhile to make sure that this is really something they want to do.  It might seem intimidating but most attorneys I know are willing to take time to share their journey.

^[1] Almost doubling the amount awarded from the prior term.