Attorney Edward John Rutyna's Legal Cases

Litigation

Judgment for attorney client after a short trial in a malpractice suit

Jul 06, 2021

OUTCOME: Defense judgment for my client

My client, an experienced attorney who represented a woman in a probate matter, was sued for legal malpractice by her former client over the distribution by the administrator for the estate of her dece ... ased mother. The administrator was the suing party's estranged sister and the distribution was made without prior court approval. My theory was that the negligence, if any, was by the administrator of the estate and the administrator's attorney. The case proceeded to trial in Los Angeles Superior Court in downtown Los Angeles in a bench (nonjury) trial. Even though the suing party was represented by an experienced attorney, a retired judge, the court ruled in favor of my client and found that legal malpractice did not occur.

Workers compensation

Confidential v. Confidential

Dec 16, 2019

OUTCOME: Favorable trial decision finding a work injury

Favorable decision at trial issued after I stepped in to try the case for another law firm securing an award of medical treatment and disability benefits. The insurance carrier had denied the case of a ... work injury of a long-term employee who ruptured his Achilles heel when climbing a ladder at work. The insurance carrier claimed that the employee injured himself walking across the street during a short uncompensated lunch break. Through effective cross-examination of the company owner, I was able to demonstrate that the owner knew about the injury, even arranged for initial medical treatment, and did not also keep records of when the employee was on or off the clock.

Workers compensation

Confidential v. Confidential

Jul 15, 2019

OUTCOME: Settlement

Obtained a $65,000 lump sum settlement, termed a Compromise & Release, after eighteen months of litigation on an orthopedic and neurological specific-trauma claim that was initially denied by the emplo ... yer's insurance carrier. After obtaining a compensable neurological neutral evaluation and after obtaining treatment for my client on a lien basis, the carrier finally accepted the claim at a court hearing, paying over $10k in back disability benefits and reimbursing the State of California Employment Development Department (EDD). Neuropsychological treatment and evaluation was then obtained, followed by a $65k lump sum settlement after obtaining a final report from a neuropsychologist. The settlement allowed my client to achieve economic empowerment and independence. Also, I referred the client to a top-notch employment law attorney and the client has a pending employment discrimination suit in Superior Court against the employer directly.

Family

Confidential

Mar 02, 2019

OUTCOME: Prenuptial agreement obtained

Represented a net worth woman with significant foreign assets in pre-marriage negotiations, resulting in a prenuptial agreement. Drafted the agreement that allowed her to retain title, now in trust for ... siblings and other family members, to multiple properties outside of the scope of California community property claims.

Employment and labor

Confidential employment separation agreement reached

Sep 07, 2018

OUTCOME: Confidential employment separation agreement reached

Represented a high net worth individual in an employment separation agreement with liability exposure in multiple legal specialties, including tax, employment, discrimination, and injury law. Drafted a ... greement that was ultimately signed by the former worker and her attorney.

Employment and labor

Confidential employment separation agreement reached

Sep 07, 2018

OUTCOME: Confidential employment separation agreement reached

Represented a high net worth individual in an employment separation agreement with liability exposure in multiple legal specialties, including tax, employment, discrimination, and injury law. Drafted a ... greement that was ultimately signed by the former worker and her attorney.

Employment and labor

Confidential employment separation agreement reached

Sep 07, 2018

OUTCOME: Confidential employment separation agreement reached

Represented a high net worth individual in an employment separation agreement with liability exposure in multiple legal specialties, including tax, employment, discrimination, and injury law. Drafted a ... greement that was ultimately signed by the former worker and her attorney.

Workers compensation

Confidential v. Confidential

May 24, 2017

OUTCOME: Settlement

An insurance denies a claim- no big surprise, but agrees to accept the claim after my office obtains evidence of a work-related injury and sets the matter for a court hearing. After the client obtains ... surgery through an orthopedist, our office referred the client. The insurance carrier ignores our request to commence medical TTD payments. Our office then requests an emergency hearing, called an expedited trial. The insurance carrier's attorney offers to pick up medical temporary total disability (TTD) benefits but at a rate lower than the rate of state disability benefits. While the defendant's attorney claims that the rate is based on the earnings information provided by the employer, I smell a rat and requested the "raw data" : the actual payroll records, The actual payroll records justified paying the client at a rate of almost $100 per week higher, and the defendant agreed on the morning of the hearing to increase the TTD rate accordingly. By not accepting what the insurance carrier or their attorneys representations, and by insisting on production of raw data and evidence, my staff and I can often obtain benefits at a higher rate and for a longer periods.

Workers compensation

John Doe v. Confidential

Sep 09, 2015

OUTCOME: case still pending with benefits continuing

Successfully defended a favorable trial decision to an injured worker who sustained serious injuries in a head on motor vehicle accident when his company issued vehicle was hit head on by an intoxicate ... d driver. Given that the other driver only had the bare minimum insurance policy, and given that the applicant was driving to get closer to his next work-related service appointment the following morning, the trial judge issued an award of injury on a work-related basis. The defendant filed a Petition for Reconsideration with the California Workers' Compenstion Appeals Board attacking the injured worker's credibility by attempting to create a time line to argue that the applicant should not have been where he was at the time of the accident absent taking a detour for a personal errand. Incredibly, the defendant referenced documents in its legal brief that were not offered into evidence at trial and not even attached to its reconsideration brief. The Answer I drafted pointed out the multiple legal and factual flaws in the defendant's brief and the Workers' Compensation Administrative Law Judge that tried the case filed her own response recommending that the defendant be sanctioned for the inaccuracies in its appeal. After the Workers' Compensation Appeals Board issued a Notice of Intention to Issue Sanctions against the defendant's law firm and the attorney at the defendant's law firm that wrote the brief, the WCAB issued an opinion affirming the award of benefits to our client and warning the defendant's attorney that he must comply with all applicable rules and regulations in the future. Now, for the first time, the applicant will receive authorized medical treatment as well as a retroactive award of almost two years of temporary disability payments.

Workers compensation

Rufus Speaks v. Workers' Compensation Appeals Board

Apr 01, 2010

OUTCOME: Petition for writ of review denied.

As the attorney of record for the California Correctional Peace Officers Association in the appeal (writ) filed on behalf of the former correctional officer, I filed an answer with the appellate court ... asserting that the injured worker would receive an impermissible double recovery if the lien for group disability policy benefits paid by the nonprofit California Correctional Peace Officers Association were denied. My client had advanced living expenses under Labor Code 4903 and 4903.1 to the injured worker when the State Fund denied his workers' compensation claim. Before settling his workers' compensation claim, the injured worker dismissed with prejudice his claim of injury to a body part upon which a doctor had previously certified him for disability benefits, which triggered my client's decision to provide benefits to him. He therefore sought to obtain retroactive Industrial Disability Leave benefits for the same period but by cleverly asserting he was disabled due to injuries to other body parts. My client won at trial and the petition for writ for review filed at the appeals court, in which I represented the lien claimant, the real party in interest, was denied on April 1, 2010.

Edward John Rutyna's Legal Cases (16)

Judgment for attorney client after a short trial in a malpractice suit

Confidential v. Confidential

Confidential v. Confidential

Confidential

Confidential employment separation agreement reached

Confidential employment separation agreement reached

Confidential employment separation agreement reached

Confidential v. Confidential

John Doe v. Confidential

Rufus Speaks v. Workers' Compensation Appeals Board