Firm News | Dolan Law Firm

Celebrating Juneteenth with Dolan Law Firm

Juneteenth commemorates the end of slavery in the United States. It is an important milestone in American history but to date, it remains an under-recognized day.

On January 1, 1863, President Lincoln signed the Emancipation Proclamation declaring the end of slavery in the United States. However, enforcement was slow and it took an additional two and a half years for General Gordan Granger to arrive in Galveston, Texas to announce General Orders No. 3 (end of slavery).

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor.”

In other words, enslaved people in Galveston, Texas did not know they had been freed until June 19, 1865. This date marks the true end of slavery in the United States. Today, 47 states and the District of Columbia recognize Juneteenth as either a state holiday or a day of observance but only a handful observe it as a paid holiday. Juneteenth has also been celebrated under other names such as Freedom Day, Jubilee Day, Liberation Day, Second Independence Day and Emancipation Day.

On Tuesday, the Senate unanimously passed a resolution establishing June 19 as Juneteenth National Independence Day, a federal holiday commemorating the end of slavery in the U.S. On Wednesday, the House voted overwhelmingly in favor of the resolution. President Biden signed the resolution on June 17, 2021, making Juneteenth the first new federal holiday created since Martin Luther King Jr. Day was signed into law in 1983.

Today, Dolan Law Firm joins the celebration of Juneteenth all over the nation and acknowledge that it’s crucial to find time to pause and reflect on our nation’s history of oppression, and the resounding call for true liberation and equal justice for all.

Join the San Francisco Trial Lawyers Association on June 18-20 for the New Lawyers Division’s Adventure Conference.

There will be 26 speakers, including Dolan Law Firm’s Mari Bandoma Callado, 6 CLE hours and a fun Summer themed Care Package. All classes are virtual & there will be (optional) in person social events at the Hotel Paradox in Santa Cruz.

Topics will pique the interest of all new lawyers and include: Evidence, Mediations, Objections, Depos, TBI cases, Second Chairing, Courtroom Tips, DE&I, Online Focus Groups, Case Checklists, After Filing, Expert Witnesses, New Lawyer Tips and more. Click here to register

The Daily Journal has selected Christopher B. Dolan, founder and Chief Legal Counsel of the Dolan Law Firm, P.C. as 2021 California Lawyer Attorneys of the Year (CLAY). The CLAY Awards recognizes California lawyers whose work has made a significant impact on public policy, the law, the profession, or a particular practice area.

Read the Daily Journal Article

Dolan was recognized for his work in In Re: Ghost Ship Fire Litigation (Alameda Co. Super. Ct., filed December 23, 2016) representing survivors and families of the victims in a catastrophic fire that occurred on December 2, 2016 at an Oakland warehouse called Ghost Ship, which killed 36 and injured many others. Dolan worked with a coalition of attorneys from 25 firms representing 78 plaintiffs as an executive committee member with Robert Bale and Thomas Brandi and liaison counsel Mary Alexander.

As noted in the Daily Journal, Alexander and executive committee members Bale, Brandi and Dolan resolved this matter with a $32.7 million settlement with Oakland officials, an undisclosed amount from PG&E and additional millions more from the building’s owners.

“This case required all of my life experience, education and decades of ‘figuring it out’. As a young man, I worked in dirty, hot, tiring jobs in construction to fund my studies. As a young lawyer, I renovated two old San Francisco buildings including our Market Street headquarters, learning about electrical systems, transformers, voltage drop, metering, and building/electric codes involved in old buildings. So much of what I bring to the table is practical knowledge.” Dolan said.

The team relentlessly pursued the City of Oakland with several arduous but successful trips to the court of appeals and PG&E with multiple depositions and a mountain of documents to build a case and hold them accountable for this tragedy.

For more on the case in the 2021 CLAY Awards publication, visit DailyJournal.com

Written By: Christopher B. Dolan

Following the horrific workplace shooting in San Jose this past week, NBC Bay Area Investigative Journalist Stephen Stock reached out to me to ask: “What are the rights of employees, and what are employer responsibilities when there is a threat of workplace violence?” I provided him a response that did air, but given the constraints of the evening news, I think it is important to provide a comprehensive analysis to the readers of this column.

According to data tracked by Everytown for Gun Safety (everytown.org), there have been 37 mass workplace shootings in California since 2009. Sadly, and notably, five of those mass murders occurred in just the last 10 weeks. Employees now, rightfully, are on high alert for signs and behaviors which may foretell a pending attack. According to experts, the following behaviors may indicate warning signs of pending workplace violence: threats of violence; intimidation; speaking about weapon ownership; intimidation; paranoia; angry and argumentative behavior; antisocial behavior like commenting favorably about violence in the news; and vindictive behavior such as saying, “he will get his,” or, “I’ll make her pay for that.” The United States Department of Labor has an excellent publication on the issue of workplace violence called the “DOL Workplace Violence Program.” It provides a guide that can be used in judging workplace behavior and what to look out for to predict and prevent workplace violence.

California Labor Code Section 6400 states that, “Every employer shall furnish employment and a place of employment that is safe and healthful for the employees therein.” Case law has held that Section 6400 creates an explicit public policy requiring employers to provide a safe and secure workplace, including a requirement that an employer take reasonable steps to address credible threats of violence in the workplace. Therefore, if there are threats of violence, or reasonable fears for your safety in the workplace, report it to your employer immediately. It is best to do so in writing so that a record is established.

An employee may not be forced to work in an unsafe work environment and, pursuant to California Labor Code Section 6310, it is unlawful for an employer to discipline or discharge any employee for making a complaint of an unsafe working condition to them, Cal-OSHA, or any other government agencies with a responsibility to protect workers. My office has represented workers who have refused to go back to a jobsite where their foreperson had made threats of violence or, in some instances, where they have been struck by an employee or co-worker. We have also represented workers that have been retaliated against after making a complaint to their employer about unsafe workplace conditions and/or threats of violence in the workplace. Likewise, we have represented workers fired after calling the police following an assault by a co-worker on the job. Employees who are retaliated against for making complaints of an unsafe workplace can recover economic damages such as lost pay, medical expenses, anxiety, grief, humiliation, and emotional distress. Tragically, I have also represented the family of a woman who, along with her boss and another supervisor, were shot and killed by a disgruntled employee who had made threats of violence which the employer did not take seriously.

Employers have a legal procedure that they can employ to prevent workplace violence. Pursuant to California Code of Civil Procedure (CCP) Section 527.8, “any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing for a permanent restraining order on behalf of the employee and, at the discretion of the court, any number of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.”

“Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email. “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.

A Temporary Workplace Restraining Order can be filed using a form which can be found here. A workplace Restraining Order can ban an individual from coming near the workplace, near an employee, or their families, and it requires that the restrained person surrender any firearms that they may possess to the police. A temporary restraining order can be obtained by an employer, immediately, by filing Form WV-100, with the local court and serving the same on the employee and the local police. After a hearing, the temporary order can be extended for a period of up to three years.

Workplace violence is becoming an epidemic. No one should take threats lightly. Employees should report the warning signs and employers should act promptly. Reach out to a qualified trial lawyer to assist you, if necessary, to take action against your employer, should they fail to meet their responsibilities, or should you suffer retaliation If an employer fails to take immediate and appropriate action; an employee may seek a protective order themselves. That will be discussed in next week’s column.

Leading the Filipino Bar Association of Northern California (FBANC) in the midst of a global pandemic was an incredible test of character and determination. The FBANC 2020-2021 Board of Directors faced extraordinary demands during an unprecedented year: from completely transforming FBANC’s traditional in-person programming and events into a virtual format, to engaging members experiencing fatigue from months of pent-up anxiety, as well as fundraising to support FBANC’s operations and the FBANC Foundation during a complete shutdown of the economy. Despite these challenges, FBANC remained resilient and determined to carry out its mission of serving the community.

In the summer of 2020, the National Asian Pacific American Bar Association (NAPABA) bestowed its prestigious Affiliate of the Year Award to FBANC based on our deep commitment to diversity and inclusion, as well as our zealous service to the community. In October 2020, San Francisco Mayor’s Filipino American History Month Celebration also recognized FBANC’s four-decade-long commitment to the community.

This award and recognition celebrate FBANC’s long history as a social justice and community service organization. This past year, FBANC was determined to honor that history by providing pro bono legal services through our virtual legal clinics and Know Your Rights webinars to the public. FBANC remained committed to diversifying the legal profession by supporting our attorney and law student members with professional development programs (including hosting two virtual Komunidad conferences and a virtual Pinay Powerhouse Conference), networking and mentorship opportunities, and scholarships through the FBANC Foundation. FBANC acted in solidarity with our Black brothers and sisters and combatted the rise in anti-AAPI discrimination and hate through coalition building and collaborations with our sister organizations. Amid our profound pain and loss, we found solace in this community – a community that stands up against systemic racism, oppression and injustice.

We know that the work continues. We know that systems of patriarchy, white supremacy and capitalism existed prior to the pandemic and that these systems teach us that we do not belong. I invite you to join FBANC in celebrating our 41st anniversary by attending our Virtual Installation Gala. This year’s theme Know History Know Self reflect the work we continue to do to resist and fight against these systems of oppression. For more information, go to https://fbanc.org/annual-dinner

I am grateful to the Dolan Law Firm, PC for its commitment to diversity, equity and inclusion and for wholeheartedly supporting organizations like FBANC and encouraging me to take on leadership roles to serve our community.

In Solidarity,

Mari Bandoma Callado
Dolan Law Firm Senior Associate Attorney and Director, Diversity, Equity and Inclusion
FBANC President 2020-2021

About FBANC:

Established in 1980, the Filipino Bar Association of Northern California (“FBANC”) is an organization of attorneys, judges, law students and paraprofessionals dedicated to serving the Filipino American legal community in Northern California. Through the volunteer work of its members, FBANC offers various programs and events, including regular free legal clinics, professional development and mentorship programs for its law student and attorney members. The organization also provides a voice for and advocates on behalf of Filipino American interests in various forums.

Chris Dolan was called to act as a legal employment expert today on NBC news regarding the horrible workplace shooting at the VTA yard shooting that took place at San Jose Valley Transportation rail yard where a gunman opened fire and killed long time employees. When questioned about workplace safety, Mr. Dolan said that you have to “balance the rights of everyone…an employer has responsibilities to maintain a safe workplace. That includes that the workplace is free of violence.”

Our condolences go out to the families and friends of the victims identified by Santa Clara County Medical Exaniner-Coroner as: Paul Delacruz Megia, 42; Taptejdeep Singh, 36; Adrian Balleza, 29; Jose Dejesus Hernandez, 35; Timothy Michael Romo, 49; Michael Joseph Rudometkin, 40; Abdolvahab Alaghmandan, 63; Lars Kepler Lane, 63; and Alex Ward Fritch, 49.

Further information about this is on the link below.

CLICK HERE

Written by: Corinne Orquiola, associate attorney & Diversity, Equity & Inclusion Committee Member

Dolan Law Firm takes a moment to recognize #MentalHealthAwareness Month. This past year has presented many challenges that tested our strength and resiliency. Throughout the pandemic, those who have never experienced mental health challenges have found themselves in crisis for the first time. More than ever, we need to combat the stigma surrounding mental health concerns. Dolan Law Firm wants to assure those who are struggling that you are not alone.

More than 51 million adults in the United States face the reality of managing a mental illness everyday. Fewer than half of those adults who experience mental illness get the help they need facing common barriers to treatment including the cost of mental health care and insurance, prejudice and discrimination and structural barriers like transportation. The stigma and discrimination still surrounding mental illness causes so many to suffer.

Dolan Law Firm recognizes and supports all who struggle and this month is highlighting #Tools2Thrive- what individuals can do throughout their daily lives to prioritize mental health, build resiliency, and continue to cope with the obstacles of COVID-19. Mental health is essential to everyone’s overall health and well-being, and mental illnesses are common and treatable.

How do I seek help for mental health?

One way to check in with yourself is to take a mental health screen at MHAscreening.org. It’s a quick, free, and private way for someone to assess their mental health and recognize signs of mental health problems. Mental health conditions such as depression or anxiety are treatable and recovery is possible. Dolan Law Firm encourages you to take the time to take care of your mental health and to reach out to others and check in on them. End the silence around mental illness.

For more information, visit:

In California, people are protected against discrimination and harassment on the basis of actual or perceived disability – whether it is physical or mental. The disability discrimination attorneys at the Dolan Law Firm have represented numerous disabled people in achieving access and/or compensation when they have been treated unlawfully.

If you would like to learn more about your right to mental health accommodations at work, CLICK HERE.

CHIEF LEGAL COUNSEL CHRISTOPHER DOLAN, ATTORNEY FOR THE PLAINTIFF, CALLED THE DECISION “A MAJOR VICTORY FOR CONSUMERS THROUGHOUT THE STATE.

In a landmark decision affecting hundreds of millions of Amazon customers, on April 26, 2021, the California Appellate Court ruled that Amazon can be held liable for injuries caused by defective products sold through Amazon.com.

In the case of Loomis v. Amazon.com LLC, The California Court of Appeals, Second Appellate Division ruled that Amazon can be held liable for injuries caused by an exploding hoverboard, manufactured in China, which was purchased on Amazon.com and shipped directly from the manufacturer to the Amazon shopper. San Francisco attorney Christopher Dolan, who represents the plaintiff and argued the appeal, called the ruling “a major victory” for consumers throughout the state.

“Amazon can’t escape liability for defective products it sells to its customers by claiming it is not involved in the marketing, sale and distribution of goods and is just an ‘advertiser,’” he said. “To claim otherwise is just a plain lie.”

In his successful appeal, Dolan argued that Amazon, just like the brick and mortar stores it has put out of business, gets paid a percentage of the sales price on every product sold along with listing fees, handling fees, return fees, etc. “If this hoverboard had been sold at a local mom-and-pop sporting goods store, they could be held liable for the injuries caused by its defects,” he said. “Amazon shouldn’t’get a pass by claiming that they are just a ‘digital matchmaker.’”

The case originated after a consumer purchased a hoverboard that exploded in her home, causing her severe injuries and extensive damage to her home. Kisha Loomis, a resident of Oroville, California, bought her son the hot toy of the season on Amazon in December of 2015. The hoverboard was manufactured by the SmileTo Company in China and sold under the pseudonym TurnUpUp, through Amazon. Before purchas-ing the item, Ms. Loomis had searched Amazon.com for hoverboards, reviewed the selections displayed by its algorithms, and read the ratings and reviews.

Ms. Loomis’ purchase was one of over 380,000 such hoverboards sold by Amazon in Q4 of 2015. Before the product had shipped, and unbeknownst to Ms. Loomis, Amazon had been tracking the growing incidence of hoverboard battery fires and had taken down all hoverboard listings because of concerns for fire danger in the USA and UK. Despite this knowledge, the company allowed the product to be shipped from China to Ms. Loomis and failed to warn her of the danger. It was opened by her son on Christmas and, after less than a week of use, it exploded while charging in a bedroom. Ms. Loomis was severely burned by the rocket-like battery explosion as she attempted to throw the burning toy from her home. The Chinese manufacturer, SmileTo, as well as its U.S. Distributor, Forrnix Technologies, had gone out of business, leaving only Amazon to be held accountable for the injuries to Ms. Loomis and the damages to her home. Amazon persuaded a Los Angeles judge that it was not a seller of products and that it was merely an “online advertiser” and had the case dismissed. Dolan filed an appeal, arguing that the law needed to keep up with the changing digital marketplace and that online retailers, just like brick-and-mortar stores, were an integral part of the marketing, distribution and sales of products and should be held to the same legal standards. The Court of Appeals agreed, stating,

“Amazon thus must face strict liability for Loomis’s fiery encounter with the hoverboard she bought from Amazon’s site. Imposing this duty on Amazon creates financial incentives that back up Amazon’s good words about its concern for customer safety.”

Ms. Loomis, upon hearing the decision stated:

“This restores my faith in the belief that even a single person like myself, through the courts, can get justice and make a difference in this world where we feel overwhelmed by the thought of fighting a Giant like Amazon. I hope this makes the world a safer place so no one else has to go through what my family went through.”

Dolan heralded the decision. “This case will set precedent not only in California but, hopefully, throughout the nation, and it forces Amazon to make sure the products it sells are safe, something it should be doing already,” he said. The case will now be sent back to the LA Superior Court where discovery will continue; a trial date is expected to be set in 2022. Christopher Dolan is available for immediate interviews about the case.
You may reach him at 415-421-2800 or chris@dolanlawfirm.com

Dolan Law Firm applauds the courage of the jury in the case of the People v. Derek Chauvin in holding former Minneapolis police officer, Derek Chauvin guilty of second degree murder while committing a felony, third degree murder, and second degree manslaughter. Communities around the globe, and within our office, breathed a sigh of relief to see Chauvin held accountable for a crime the world watched him commit on video countless times in the last 330 days.

We commend the witnesses who testified, particularly Darnella Frazier, who at 17-years-old, bravely documented the horrific incident unfolding. We can only hope that people around the country will continue to have the courage as Darnella did to do something when they see something wrong.

While this verdict is one step closer to holding Derek Chauvin accountable for the murder of George Floyd, justice has not been served. This verdict is about holding law enforcement accountable for their lethal excessive use of force.

“Yesterday’s verdict is not justice,” Dolan Law Firm Founder Chris Dolan stated, “George Floyd should be alive today. This righteous verdict is, unfortunately, an exception, not the norm. It shows that the only way to get justice and overcome the well polished, and often dishonest, defense strategy claiming that excessive, often deadly, force, was justified by the imminent threat of harm to officers making split-second decisions is to have nine minutes of video of a man being suffocated by an officer as he begs for his life and calls for his mother. Even then, as we saw in Chauvin’s trial, the police say that jurors should trust the officers’ lies and disregard what they see with their own eyes. This case shows the importance of bystanders becoming witnesses and preserving the truth through video. We reaffirm our commitment to end systemic racism and we will continue to fight alongside our Black brothers and sisters in the pursuit of justice every day.”

File Photo (Reuters): Protestors in Minneapolis

We stand in solidarity with George Floyd’s family, BIPOC communities around the world, and with the people of Minnesota.

March 31st is Cesar Chavez Day, a holiday in California celebrating his birthday and contributions towards the civil rights movement he fought to benefit society’s most vulnerable populations. He was born on March 31st, 1927 and was an American farmworker, labor leader and civil rights activist who, with Dolores Huerta, co-founded the National Farm Workers Association (which later became the United Farm Workers). Many do not know that the legendary phrase of the Farmworkers’ Movement “Si, Se Puede!” wasn’t coined by Cesar Chavez, but by a woman named Dolores Huerta.

Dolores Huerta, born and raised in Stockton CA, left her job as a teacher in the early 1950s and began serving on the leadership of the Stockton Community Service Organization. She founded the Agricultural Workers Association, set up voter registration drives, and pressed local governments for barrio improvements.

In 1955, she met the Executive Director of CSO, Cesar Chavez. They bonded immediately and realized they both had a passion for organizing farm workers. They resigned from CSO and founded the National Farm Workers Association in the spring of 1962.

Dolores Huerta was instrumental in securing aid for dependent families and disability insurance for California farm workers in 1963. She was a crucial advocate for the enactment of the Agricultural Labor Relations Act of 1975. She has received numerous awards for her community service and advocacy, including the Eugene V. Debs Foundation Outstanding American Award, the Presidential Eleanor Roosevelt Award for Human Rights and the Presidential Medal of Freedom, given to her by President Obama in 2012. She was the first Latina inducted into the National Women’s Hall of Fame in 1993.

Dolores Huerta is 90 years old and still advocating for migrant and farm workers’ rights. Californians celebrate Dolores Huerta Day on April 10^th.

Larry Itliong was a Filipino-American labor organizer whose story is not as well-known as others but is just as important to our history.

It has been said that Cesar Chavez inspired the world but that Larry Itliong inspired Cesar Chavez. In an era known for civil rights movements, Itliong fought for better working conditions in a country thousands of miles from his homeland of the Philippines.

Larry Itliong, also known as “Seven Fingers,” (the tales vary about how he lost the missing three) first came to the U.S. in 1929 when he was 15, never having slept in a bed or lived in a home with electricity. Soon, during the Great Depression, he joined striking lettuce workers in Washington State; later he would can fish in Alaska and help organize a cannery and agricultural workers’ union, leading his manong “brothers” as they followed the grapes, raisins, brussels sprouts and other crops up and down the spine of California. According to his son, Johnny Itliong, Larry was an excellent card player and avid cigar smoker, spoke numerous Filipino dialects as well as Spanish, Cantonese and Japanese, and taught himself about law by attending trials.

In 1965, Larry Itliong lead a grape strike in Delano that set the stage for the boycott that would lead Cesar Chavez, Dolores Huerta, and thousands of farmworker families to create the nation’s pioneering agricultural labor union, the United Farm Workers.

The historic Delano Grape Strike led by Itliong and the Agricultural Workers Organizing Committee took place on September 8, 1965 and was soon joined by the Chavez-led National Farm Workers Association. Five years later, in 1966, the AWOC and NFWA merged to become the United Farm Workers, forever changing the face of agricultural labor in California.

Itliong spent his life standing up for his belief that “everyone has equal rights and justice, but you have to make that come about.” He died on Feb. 8, 1977, leaving a legacy of activism that inspires us all. Californians celebrate Larry Itliong Day on October 25^th.

Celebrating Juneteenth with Dolan Law Firm

SFTLA: Adventure Virtual Conference

Christopher B. Dolan Honored with 2021 CLAY AWARD

Workplace Violence are Increasing: How to Stay Safe

Celebrating the Filipino Bar Association of Northern California’s 41st Installation Gala

About FBANC:

Investigators Looking if Warning Signs Were Missed in VTA Yard Shooting Case

Recognizing Mental Health Awareness Month

How do I seek help for mental health?

California Court of Appeals Finds Amazon May Be Held Liable for Injuries Caused by Dangerous Products Sold on Amazon

Dolan Law Firm Statement on the Verdict in the Derek Chauvin Trial for the Death of George Floyd

Celebrating Cesar Chavez Day 2021