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Home » Authors » Lessing E. Gold

Lessing E. Gold

Lessing E. Gold of Mitchell, Silberberg & Knupp is counsel to the California Alarm Association and a contributing legal columnist. He can be reached at sdm@bnpmedia.com.

Contributing writer
Articles

ARTICLES

Meeting Statutory Requirements

Fire Department Fails to Respond
Lessing E. Gold
February 8, 2013
An interesting case is presently pending in the state of Arizona. An alarm was activated at the plaintiff’s uniform laundering facility in Phoenix. Within minutes, the plaintiff’s alarm monitoring company notified the city fire department that it had received a water flow alarm, which indicated the activation of fire suppression equipment at the plaintiff’s facility. The alarm company also reported that a burglar alarm at the facility had been activated.
Read More

Was Search & Seizure a Violation?

Lessing E. Gold
January 15, 2013
In a recent Illinois case, the plaintiffs filed a lawsuit against a municipality and a police officer who responded with other officers to a bank alarm, alleging, among other things, violations of the Fourth Amendment.
Read More

Was Operator’s Response Negligence?

Alarm Monitoring
Lessing E. Gold
December 13, 2012
The court in a recent Minnesota case noted there is a distinction between willful and wanton negligence and gross negligence. The plaintiff in the case purchased a home alarm system. Later, the defendant alarm company received a low-temperature alarm but failed to contact the plaintiff or any of the account’s contacts. Later, the low temperature caused a pipe to burst, resulting in damage.
Read More

Does an Insurance Policy Void Sovereign Immunity?

Lessing E. Gold
November 14, 2012
The legal principle of sovereign immunity, which makes governmental bodies and employees immune from being sued in their own courts without governmental consent, was the center of a case recently decided in the United States District Court for the Eastern District of Missouri.
Read More

Standard of Care Deemed Question for a Jury

Lessing E. Gold
October 17, 2012
Tort law defines standard of care as the degree of prudence and caution required of an individual who is under a duty of care (a legal obligation imposed on an individual requiring that individuals adhere to a standard of reasonable care while performing any acts that could possibly harm others). The requirements of the standard are closely dependent on circumstances.
Read More

Liquidated Damages: Who's Entitled to Attorney’s Fees?

Lessing E. Gold
September 11, 2012
A recent case in the state of California dealt with a number of issues, including the effect of a liquidated damage clause. In this column, we’ll discuss the issue of whether the plaintiff who recovered the liquidated damage amount was entitled to attorney fees.
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Negligence Action: The Firefighter's Rule

Lessing E. Gold
August 14, 2012

A recent case in the state of Rhode Island dealt with the issue of when “the firefighter’s rule” applies. The plaintiff was a firefighter who filed a negligence action against a hospital and a security company. They, in turn, filed a motion for summary judgment claiming that the suit was barred by the firefighter’s rule. The Superior Court agreed with the defendants and granted the defendants’ motion for summary judgment. The firefighter appealed. 


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Public vs. Private Monitoring

Understanding the Rulings on Fire Monitoring in Illinois

Lessing E. Gold
July 23, 2012
An Illinois-based legal battle involving an attempt by public entities to take over fire alarm monitoring in Illinois has received national attention for its potential to influence fire monitoring in districts across the United States. While many know that, to date, the courts have sided with the alarm companies operating in Illinois, not as many may know the specific legal explanations for why the courts reached those rulings.
Read More

Breach of Contract: Insurance Says 'No,' Court says 'Yes'

Lessing E. Gold
June 18, 2012
In a case in the state of Colorado, an alarm company was found liable for willful and wanton breach of contract in the failure to perform its obligations for installation, repair, maintenance and offsite monitoring of burglar alarm equipment installed in a warehouse damaged by a fire following a burglary.
Read More

Can a Contract Impose a Social Duty?

Lessing E. Gold
May 21, 2012

In a recent case before the U.S. District Court of Appeals, contracts once again took center stage, this time focusing on whether or not contracts can impose a social duty. 


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View All Articles by Lessing E. Gold
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