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Rachel Donnelly - Associate

Rachel Donnelly is an Associate in Tyson & Mendes’ San Diego office. Ms. Donnelly has extensive trial and litigation experience. She began her career immediately upon admission to the State Bar of California as a law clerk with the San Diego County District Attorney’s Office. Since then, she has represented clients in civil cases ranging from personal injury to labor and employment matters. Ms. Donnelly’s practice now focuses on personal injury and insurance litigation.

Ms. Donnelly successfully served as co-chair in a high-profile insurance fraud case, People v. Podgurski, in which a guilty verdict was reached. Ms. Donnelly has also successfully defended companies located throughout California in avoiding hundreds of thousands of dollars in liability in alleged wage and hour and discrimination matters. Most recently, Ms. Donnelly briefed and won a highly contentious motion to compel on behalf of a company, compelling the matter to arbitration pursuant to the parties’ agreement.

Ms. Donnelly earned her J.D. from California Western School of Law in 2012. During law school, Ms. Donnelly was recognized for her academic achievement and, along with her school trial team, won first place in the San Diego Defense Lawyers Mock Trial Competition. Ms. Donnelly obtained her B.A. from the University of San Diego, California where she earned academic honors.

In her free time, Ms. Donnelly enjoys spending time with her husband traveling and snorkeling along the California coastline. She also enjoys hiking and reading.

Recent Posts

Colorado Case Law Update

William Scholle v. Delta Air Line, Inc. (March 25, 2016, JVR No. 1605310035)
Kent Ryser v. Shelter Mutual Insurance Company (June 13, 2019)

Recent Legal Issues Involving Cosmetics

In the recent past months, there have been a growing number of reports of cosmetics contaminated with asbestos. Whether ultimately accurate or not, such reports create issues relating to the manufacture and marketing of cosmetics as safe for consumers (especially teens, children, and expectant mothers). This article addresses the potential legal challenges for supply chain participants in the cosmetic industry given the increased…

A Historical View of Arbitration Agreements and their Rise in Employment Agreements

In the 1920’s, businesses throughout the United States faced a legal dilemma. The federal courts they heavily relied on to resolve various disputes and enforce contracts were painfully overcrowded and difficult to navigate. As a result, businesses turned their reliance to arbitration agreements in which they agreed to submit their disputes for binding resolution to a third party who was generally an expert in their industry. However, the courts thwarted arbitration as they refused to enforce arbitration agreements.

Proposal for Revisions to White Collar Exemptions

On March 7, 2019, the U.S. Department of Labor (“DOL”) published a proposal for revisions to the “white collar” or executive, administrative and professional (EAP”) exemptions from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The notice of proposed rulemaking sets two new salary thresholds: an EAP threshold and a highly compensated employee (“HCE”) exemption. This article will focus on the proposed increase in the HCE salary threshold from $100,000 to $147,414. This threshold is approximately the 90th percentile of the earnings distribution of full-time, non-hourly workers in the entire U.S.

The G4S Secure Solutions Settlement

On January 22, 2019, G4S Secure Solutions (previously known as Wackenhut Corporation) agreed to resolve a consolidated meal and rest period class action for at least $100 million and up to $130 million. This settlement is aimed to resolve the claims of 13,500 employees and ends fifteen years of litigation.

Colorado Case Law Update

In re: Kayla Fox v. William Alfini, Jr. D.C. and Brady Chiropractic Group. P.C. (December 3, 2018, 2018 WL 6441601)

Background

Kayla Fox who was in her early thirties suffered a stroke immediately after receiving chiropractic treatment and survived. Fox and her parents later contacted an attorney to discuss a possible malpractice action against the chiropractor. The attorney recorded a portion of this initial consultation.

Insurance and Autonomous Vehicles

It is no surprise the landscape of transportation is drastically changing. With the advancements in technology, vehicles are becoming autonomous. Consumers will soon have the option to buy a vehicle they will not need to actually drive. Also, people looking for transportation to travel from one place to another no longer need to call a traditional taxi service. Individuals can now take advantage of one of the many ride-sharing or peer-to-peer programs available on their smartphones. Autonomous and semi-autonomous vehicles are at the forefront of technological development in the automobile industry.

Defenses in Autonomous Vehicle Litigation

Just as autonomous vehicles are in their early stages, so is litigation involving autonomous vehicles. Although potential theories of liability have not been completely fleshed out in court, it is a safe bet we can expect the plaintiffs’ bar to bring negligence, product liability, and statutory claims. Autonomous vehicle manufacturers are currently testing different defenses, and autonomous vehicle manufacturers are expected to start creating…

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