Practice Areas
Frequent Areas of Practice
Built upon the diverse background and experiences of our attorneys, the Firm continues to progress forward to meet the ever-growing needs of our clients. We delight in the consistent and successful resolution of matters of each practice area listed below to the satisfaction of our customers.
We remain committed to constantly expanding our knowledge base in each of our areas of expertise while developing proficiencies in new areas to meet the changing needs of our valued clients.
Professional Liability (Hospital & Physician Defense)
Professional Liability (Hospital & Physician Defense)
Fraser Watson & Croutch LLP was founded on, and is one of the top defense litigation firms of professional liability claims in the state, as noted by California Medical Magazine. Our lawyers have extensive experience in professional liability litigation and medical malpractice defense, which is further enhanced by the practical experience of Fraser Watson & Croutch’s physician and nurse lawyers, placing opposing counsel and experts on notice that embellishments will not be tolerated. Five of Fraser Watson & Croutch’s trial lawyers, with a combined experience of over 150 years in litigation, have earned admission to the esteemed American Board of Trial Advocates.
By virtue of defending hospitals, physicians, nurses and other medical professionals through the arduous trial process, Fraser Watson & Croutch has cultivated excellent relationships with many of the most respected physicians and medical experts in the nation and in many disciplines. With the assistance and contribution of our medical consultants coupled with Fraser Watson & Croutch’s well-earned litigation and trial reputation, we are able to provide our clients the most thorough medical malpractice representation available. We have been confronted with defending the toughest and most publicized cases of our time. For example, Fraser Watson & Croutch lawyers obtained a complete and voluntary dismissal of our spinal surgeon client from a lawsuit brought by entertainer, Ed McMahon in the McMahon v. Day, et al. case. Likewise, Fraser Watson & Croutch lawyers successfully defended our clients through trial against a legal dream team and star-studded wrongful death case of Yasbeck v. Providence St. Joseph Medical Center, et al. brought by the wife and children of actor John Ritter following his death. In this case attorneys from Fraser Watson & Croutch retained and called as trial witnesses the chairs of cardiology from University of Michigan, Harvard and the University of Rostock, Germany. In the past, we have reached out to world-class experts from Stanford, Mayo Clinic, Cleveland Clinic, and many others.
CIVIL TRIAL PRACTICE
In our practice, we evaluate every case with the assumption that the case will go to trial. This is because, in our practice, many of our cases do, in fact, go to trial. Our track record for cases in which we go to trial is exemplary. Many law firms and individual attorneys shy away from trial, perhaps from fear of the unknown, or perhaps due to the grueling work involved. Fraser Watson & Croutch has the reputation as an aggressive, strong trial advocate for its clients, consistently obtaining successful defense verdicts in some of the largest potential damages cases ever filed in California. Our reputation in this regard frequently results in voluntary dismissals or favorable settlements for our clients in matters where trial is not the best option for either party.
Appellate Law
Fraser Watson & Croutch LLP‘s broad trial experience in professional and general liability matters has been and remains well complemented by our distinguished appellate work, serving the needs of our professional and corporate clients at all litigation phases and in the highest levels of the state and federal court systems. State courts utilized a different set of rules than federal appellate courts making it crucial to have the appropriate appellate record prepared as well as a succinct opening brief identifying the prejudicial issues at stake. Our appellate attorneys not only understand the intricacies involved with these post-trial appellate events but also comprehend how to maneuver through the technical processes of filing and winning interlocutory appeals and appellate writs for purposes of modifying trial court orders while the case is still at issue, which may prevent the post-trial appeal altogether. Fraser Watson & Croutch has a proven track record of success, as illustrated by the following selection of published decisions and unpublished adjudications:
Published Decisions
Bates v. Presbyterian Intercommunity Hospital (B232731 3/12/12): Wrongful death with causes of action including elder abuse, willful misconduct, and fraud. During the course of the lengthy litigation, PIH served a Code of Civil Procedure section 998 offer on plaintiff, offering to waive costs in exchange for a dismissal. Plaintiff allowed the offer to expire. Then, on the “eve” of trial, just before motions in limine were to be argued, plaintiff’s counsel, Russell Balisok, dismissed PIH from the action. The dismissal was put on the record without any mention of the previously offered waiver of costs. Accordingly, PIH filed a cost bill. Plaintiff moved to strike the entire cost bill, or alternatively, to tax portions thereof. PIH opposed the motion. The court denied plaintiff’s motion, awarding the hospital costs in the amount of $78,165.98. Affirmed on appeal. Although the elder abuse statute allows a plaintiff to recover costs and attorney fees under certain circumstances, it does not expressly disallow recovery of costs by a prevailing defendant. Accordingly, it does not provide an express exception to the general rule permitting a defendant, as a prevailing party, to recover its costs and fees under Code of Civil Procedure sections 1032(b) and 998. Plaintiff’s petition for rehearing to the court of appeal and petition for review to the Supreme court were denied. FWC Attorney: Kristen J. Heim
Little Company of Mary Hospital v. Superior Court (Marin) (2nd Dist. Div. 7, April 23, 2008) 162 Cal.App.4th 261. This published opinion now establishes that no punitive damages can be sought against a religious entity (hospital), regardless of the cause of action alleged, without plaintiff first prevailing on a motion backed up by evidence demonstrating a case for those damages. FWC Attorney: Daniel K Dik, esq.
Ileto v. Glock, Inc. (9th Cir. 2003) 349 F.3d 1191, 1216. Our client gun manufacturer (Bushmaster Firearms) was dismissed from multi-count federal action because the shell casings at the shooting site indicated a bullet too big to fit into our client’s rifle. FWC Attorney: Daniel K Dik, esq.
Green v. Par Pools, Inc. dba Blue Haven Pools, (2003) Aug 22 CA1/4 E031562
Involving allegations of discriminatory failure to equally compensate female employees and allegations of sexual harassment. FWC Attorneys Daniel K Dik, esq. and Todd Croutch received a defense judgment and also successfully defended the appeal on the equal pay issue.
DeRuyter v. Methodist Hospital, Cal.Rptr.2d, 2002 WL 479750 (Cal.App. 2 Dist.). This case decided the issue of religious entity exemption from the California Fair Employment and Housing Act before the California Supreme Court. FWC Attorney: Daniel K Dik, esq.
Stevenson v. Huntington Memorial Hospital, (16 Cal 4th 880, 941 p. 2d 1157 (8/27/97). This is the seminal California Supreme Court case on age discrimination, where FWC attorney Todd E. Croutch, esq. was part of a team that received a unanimous defense verdict.
Business Litigation
Fraser Watson and Croutch’s lawyers have a wealth of experience in Business Litigation. We are capable and experienced in handling complex litigation involving business clients in disputes with other businesses, government entities, or groups of individuals, each of which necessarily involves an understanding of both the business issue and the industry of the client. We represent leaders in diverse industry sectors, ranging from large corporations to small proprietors, in connection with their most important litigation matters.
Our ultimate goal is to advance our clients’ interests. We understand that a client’s business plan, balance sheet, and competitive profile are critical elements for successfully positioning litigation matters from the outset. We are committed to developing solutions to help our clients solve their toughest problems, and we approach each new challenge as an urgent business matter to be resolved expeditiously and cost-effectively. We routinely perform services for clients across a variety of industries with respect to disputes including Breach of Contract/Fiduciary Duty, Business Torts, Partnership Disputes, Private Deals/Post-Closing Disputes, Bad Faith Litigation, Restrictive Covenant/Trade Secret Litigation, Insurance Disputes, and Class Action litigation, to name a few.
Elder & Dependent Adult Abuse
As a result of the potential for enhanced remedies available in elder and dependent adult abuse cases, such as the recovery of attorney fees and punitive damages, there has been gravitation of these causes of action into a large number of lawsuits, which formerly would have been deemed only professional/medical negligence-based claims. Additionally, elder abuse cases may not be subject to limitations on general damages that the Medical Injury Compensation Reform Act placed on medical malpractice cases. Consequently, some of the superior plaintiffs’ trial attorneys who previously shied away from prosecuting medical malpractice claims due to economic recovery restrictions, have made elder and dependent adult abuse matters a key component of their practice. This, in turn, has dramatically increased litigation against hospitals, nursing, convalescent, and rehabilitation homes.
Fraser Watson & Croutch LLP has a strong and deep-rooted history in the defense of medical negligence cases. As such, we have a large client base of healthcare providers. Upon elder and dependent adult abuse becoming the “suit de jour” for the plaintiffs’ bar, it was only natural for our clients to request our assistance in the defense of such actions. Fraser Watson & Croutch’s attorneys have been thoroughly involved in the investigation, evaluation and defense of elder and dependent adult abuse cases for the past 10+ years, providing superior knowledge and understanding of:
- 1987 Nursing Home Reform Act, establishing the standard of care for nursing and assisted living facilities.
- Elder Abuse and Dependent Welfare & Inst. Code § 15600 et. seq. (Adult Civil Protection Act).
- What constitutes reckless neglect, malice, oppression and fraud in the commission of the abuse/neglect.
- The legal gray areas of physical and financial abuse as well as claims of breach of contract and unfair business practices.
- Statutory cause of action e.g., violation of patient rights or violation of health care regulations.
- Intentional torts, such as intentional infliction of emotional distress and battery, claims of negligence per se related to willful misconduct, fraud and breach of fiduciary duty.
- Religious Organization protection against unsubstantiated punitive damage claims (Code Civ. Proc., § 425.14).
- Establishment of clear and convincing proof to prevail on a claim for punitive/exemplary damages against a secular healthcare provider (Code Civ. Proc., § 425.13(a) & Civ Code § 3294).
- Seeking awards for treble damages (Civ Code § 3345).
- The Department of Public Health’s practices related to surveying, statements of deficiency, complaint visits by DPH, facilities’ plan of correction, and facility citations.
- Evidentiary objections related to third-party privacy of patients and employees, to oppose plaintiffs seeking abuse complaints from other uninvolved patients as well as personnel files of the actual healthcare provider staff members.
In our quest to provide the best defense possible, Fraser Watson & Croutch has been instrumental in the development of positive case law in favor of our clients. We likewise provide guidance and litigation services to two of the nation’s largest corporate nursing, convalescent, rehabilitation and Alzheimer homes, Sun Healthcare Group, Inc. and Sunrise Senior Living.
Employment Law
Fraser Watson & Croutch LLP’s employment litigation practice is devoted to representing employers in all aspects of the employment relationship. We provide counsel to management in a broad range of industries in many types of personnel-related matters including:
- COBRA (Consolidated Omnibus Budget Reconciliation Act)
- Disability Discrimination
- Employee Benefits
- Employment Discrimination Litigation & Title VII
- FLSA (Fair Labor Standards Act) Coverage (Exempt vs. Non-Exempt)
- FMLA (Family & Medical Leave Act)
- Health Advice Litigation
- Immigration
- Labor Law
- Labor Relations
- OSHA (Occupational Safety & Health Administration)
- Restrictive Covenants – Post-Termination Conduct Restrictions
- WARN (Worker Adjustment & Retraining Notification) Act
- Wrongful Discharge
Fraser Watson & Croutch emphasizes preventative aspects of employment law by providing advice to clients on laws and regulations affecting the employer/employee relationship. We recognize that today’s human resources professionals must contend daily with changing state and federal regulations affecting recruiting, hiring, promotion, compensation, employment benefits, leaves of absence, and layoffs. Accordingly, we are keenly aware of the need to develop and implement policy with an awareness of the legal implications of decisions.
While preventative measures may reduce the risk of litigation in employment law, they do not eliminate it. When litigation cannot be avoided, we vigorously represent our clients’ interests in court.
General Liability
Multinational corporations, partnerships, small businesses, sole proprietors, and individuals all share a common component – when their doors open for business or to invitees, so does the potential for claims of general liability. Fraser Watson & Croutch LLP is a civil litigation defense firm first and foremost.
Our lawyers have a wealth of litigation experience in all areas of general negligence, including but not limited to:
- Assault and Battery
- Contract Law – Drafting Agreements, Amending, Breach of Contract, Dissolution, etc.
- Dog Bite Cases
- Failure to Warn
- False Imprisonment
- Fraud
- Malicious Prosecution
- Motor Vehicle Accidents
- Oral or Written Slander, Libel and Defamation
- Premises Liability – Slip and Falls, Encroachment, Obstruction of Easement, etc.
- Property Rights
- Unfair Business Practices
- Violations of Privacy
- Wrongful Imprisonment Allegations
Fraser Watson & Croutch’s experience is firmly supported by trial-tested ABOTA (American Board of Trial Advocates) attorneys, meaning cases are not mandated to settle for fear of trial.
Healthcare Law
Fraser Watson & Croutch LLP offers a comprehensive range of services to business professionals in hospitals, clinical labs, home health agencies, hospices, nursing facilities, and small group physician practices to assist with guiding them through regulations, credentialing, peer review, confidentiality, disclosure, emergency services, patient transfers, mental health, chemical dependency, third-party medical billing, and durable medical equipment issues. Fraser Watson & Croutch’s attorneys are experienced with federal and state agencies such as the FDA, Healthcare Financing Administration, Centers for Medicare & Medicaid, Office of Inspector General, The Joint Commission, and the Department of Public Health on matters involving EMTALA, Electronic Data Interchange, Federal False Claims Act, HIPPAA, Stark Anti-Referral Law, California Health, Safety Codes, California Code of Regulations, Title 22, Title 17, and many others.
Products Liability
Fraser Watson & Croutch LLP’s product liability practice involves disputes between consumers and manufacturers, wholesalers, or retailers of consumer products. The firm has extensive product liability experience at both the state and federal level in defending issues of negligence, strict liability, breach of warranty, and consumer protection claims based on design defects, manufacturing defects, and failure to warn.
We strive to thoroughly understand the legal, manufacturing and engineering aspects of our product liability cases while endeavoring to provide the best possible representation, which ultimately motivates the opponent to settle on terms favorable to our client. We strongly advocate alternative dispute resolutions, such as mediation, as an alternative to protracted litigation in products cases.
The highly technical nature of this area of law requires the assistance and contribution of exceptionally credentialed consultants and experts in the manufacturing, packaging and engineering fields. Fraser Watson & Croutch’s wide variety of experienced attorneys have enjoyed great success in communicating the intricacies of complex product liability cases to juries through the implementation of cutting-edge computerized graphic exhibits explained by our renowned experts. By example, lawyers from the firm obtained a defense verdict in the star-studded Irena Medavoy & Mike Medavoy v. Arnold Klein, MD & Allergan, Inc. (makers of Botox ®) case.
Real Estate Law
Real Estate Law is the branch of civil litigation pertaining to regulations, statutes and case law governing land and its permanently affixed structures. Fraser Watson & Croutch LLP‘s highly experienced attorneys continue to provide expertise to home buyers, sellers, builders, landlords, developers and investors in areas of:
Personal Property
Condo Association Rights vs. Owner’s Rights
Contingencies
Easement Rights vs. Encroachment
Eminent Domain Environmental Clean-Up
Escrow
Foreclosures
Home Warranty Policies
Insurances Necessary for Protection
Letters of Intent
Liens
Quitclaim Deeds
Refundability of Earnest Deposits
Title Insurance
Title Recordings
Trust Deeds
Rental Property
Co-Signors
Discrimination
Eviction
Leases
Liability Insurance
Maintenance and Repairs
Mold
Notice of Condition
Rental Agreement
Rent Control
Security Deposits
Unlawful Detainer
30-Day Notices
Catastrophic Personal Injury
Serious injury and wrongful death are often the unfortunate results of:
- ATV Accidents
- Automobile Accidents
- Bicycle vs. Motor Vehicle Accidents
- Boating & Jet Ski Mishaps
- Bus Accidents
- Construction and Industrial Accidents
- Defective Products
- Fires – Structural and Vehicle
- Motorcycle Accidents
- Pedestrian Accidents
- Train – Commuter & Cargo Accidents
- Trucking – Tractor Trailer Accidents
Fraser Watson & Croutch LLP’s attorneys collectively have well over 100 years of experience in litigating wrongful death and serious injuries including: brain and spinal cord damage; bone, disc and cartilage injury to cervical, thoracic and the lumbar back; permanent damage to joints, such as shoulders, elbows, hips, knees, and ankles; as well as the difficult to objectively define soft-tissue injuries.
What separates Fraser Watson & Croutch from other personal injury and wrongful death lawyers is our ability, if need be, to take our client’s cases through trial to obtain a jury award. Where other firms pressure their own clients, to accept substandard settlements to avoid the uncertainty and cost of trial, Fraser Watson & Croutch does not. We employ many trial attorneys, five of whom are American Board of Trial Advocate members, with hundreds of trials under their belts. Our experience finds unsolicited appropriate and prompt settlement offers come to our clients as a result of our successful trial record.
Our practice has discovered attempts to conceal or blur facts related to: breaches of state and federal regulations on maintenance and inspection reports, driver fatigue and weight regulations related to trucking and bus accidents; alcohol and elicit drug use, license restrictions, road rage and recklessness; and even mistakes in police reports found in all types of cases involving wrongful death and injurious accidents.
To address these issues we utilize only the best experts in the fields of: Accident Reconstruction; Biomechanics; Engineering; Kinesiology – Human Factors; Forensic Experts; Photographers; Graphic Artists; Accountants; and Economists for purposes of understanding the facts and proving theories of negligence and causation leading to a finding of liability against the opposing party.