Guest Editor: Grace Shuman
April 29, 2022 9:00am
Until recently, there has been a split of authority in California as to whether the trial court or the arbitrator determines whether the claimant is unable to pay arbitration costs…
Guest Editor: Grace Shuman
April 29, 2022 9:00am
Recently, the Fourth District Court of Appeal addressed equitable causes of action. Specifically, the court reviewed cases when a paving subcontractor’s insurer brought action against a general contractor’s insurer…
Guest Editor: Grace Shuman
April 4, 2022 4:43pm
State Bill (“S.B.”) 271, the Fair Federal Juries Act, passed the Senate Judiciary Committee on January 12, 2022. This bill was written to pave the way for more diverse jury pools in federal cases.
Guest Editor: Kiran Gupta
April 1, 2022 10:01am
he case against powerhouse plaintiff’s lawyer Tom Girardi and his now former wife Erika Jayne, a singer and star of reality show “The Real Housewives of Beverly Hills,” is filled with all the details of a juicy crime novel and as many twists and turns as a Six Flags roller coaster.
Guest Editor: Grace Shuman
April 1, 2022 9:45am
The Second District Court of Appeal recently held that the corporate and individual owners of a residence for the disabled had a legal duty to prevent the sexual assault of one of its residents.
Guest Editor: Grace Shuman
March 31, 2022 3:10pm
At the bottom of every complaint and answer is the prayer, which inevitably demands “cost.” Cost is an often-overlooked aspect of the case evaluation and spoils of victory.
Guest Editor: Grace Shuman
March 11, 2022 4:58pm
The California Supreme Court issued an opinion regarding the highly contested “Dynamex ABC” test. The court held in Vasquez v. Jan-Pro Franchising International, Inc. the test in Dynamex applies retroactively when determining whether a worker should be classified as an employee or independent contractor for the purpose of wage and hour laws applies retroactively.
Guest Editor: Grace Shuman
March 11, 2022 4:54pm
As if employers already didn’t have enough of an upward battle in California pushing back on employment retaliation claims, a recent California Supreme Court decision just upped the ante. In Lawson v. PPG Architectural Finishes, Inc., the Court eliminated the McDonnell Douglas burden-shifting test.
Guest Editor: Grace Shuman
March 11, 2022 4:45pm
Enacted in 2004, The Labor Code’s Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations…
Guest Editor: Grace Shuman
March 11, 2022 4:32pm
Over the past few years, California has made legislative moves limiting the use of nondisclosure agreements (“NDAs”) as they pertain to sexual harassment suits…
Guest Editor: Grace Shuman
March 11, 2022 4:24pm
On January 1, 2022, the nation’s first warehouse transparency law will go into effect, permanently changing the quota requirements in the warehouse distribution industry…
Guest Editor: Grace Shuman
March 11, 2022 4:07pm
California employers have had many difficulties over the past years, not only with the ongoing and changing COVID issues, but also with employee retention. Another challenge employers face this year comes in conjunction with the recent minimum wage increase due to SB3.
Guest Editor: Grace Shuman
March 2, 2022 3:53pm
As the legal profession has evolved, women’s roles in the legal system have grown significantly. Many inspiring women have gone to law school and successfully cemented their place in various careers throughout the legal field.
Guest Editor: Grace Shuman
March 2, 2022 3:42pm
Throughout California and the United States, there is a rising trend of Nuclear Verdicts™, defined as jury verdicts in excess of $10 million or that are wildly disproportionate to the injuries in the case.
Guest Editor: Grace Shuman
February 7, 2022 11:55am
Recent case law has changed the amount of taxes title insurers owe. Generally, title insurers pay an annual tax on certain income in lieu of all other taxes. However, a recent decision by the California appeals court changed this. Title insurers must now pay sales tax on office equipment leases.
Guest Editor: Grace Shuman
February 7, 2022 11:35am
In Giles v. Sprouts Farmers Market, Inc., Case No. 3:20-cv-02131 the United States District Court for the Southern District of California entered an “Order Dismissing Complaint,” dismissing a plaintiff’s lawsuit alleging violations of Title III of the Americans with Disabilities Act and Unruh Act.
Guest Editor: Grace Shuman
January 28, 2022 9:00am
The United States Supreme Court refused to hear the case brought by Cal Cartage Transportation Express LLC challenging the appellate court ruling upholding California’s Assembly Bill 5 (“AB5”). Though AB5’s impact on rideshare companies is often dissected, the law also significantly impacts the trucking industry, and can, without careful planning, expose trucking companies to Nuclear Verdicts™.
Guest Editor: Grace Shuman
January 28, 2022 9:00am
A nuclear verdict is outrageous and based on fear and anger, not the law. More Nuclear Verdicts™ are being handed down at a higher rate in every state. These verdicts threaten unjust outcomes for defendants around the country. An internet search will produce numerous articles and references to excessive verdicts by California juries, and the question now seems to be how much the next nuclear verdict will be for, not whether there will be another nuclear verdict.
Guest Editor: Grace Shuman
January 13, 2022 8:39am
On January 1, 2022, the nation’s first warehouse transparency law will go into effect, permanently changing the quota requirements in the warehouse distribution industry. AB 701 requires warehouse employers provide employees with written disclosures related to distribution quotas. Employees will not be required to fulfill these quotas at the expense of meal or rest breaks.
Guest Editor: Grace Shuman
January 13, 2022 8:37am
In another step favorable to workers’ rights, the California Supreme Court recently settled a dispute regarding the pay rate for employees when they are denied meal and rest periods. The Court held that an employee is entitled to the equivalent of his or her overtime pay if the employer does not allow its employees to take breaks.
Guest Editor: Grace Shuman
December 3, 2021 9:00am
The central issue in any medical malpractice case is whether the medical provider breached the applicable standard of care. The California state appeals court recently clarified the standard of care for a physician in an unpublished case. Generally speaking, the medical standard of care is defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. The standard of care is only proven by expert testimony, unless the circumstances are such that the required conduct is within the layperson’s common knowledge.
Guest Editor: Kiran Gupta
December 3, 2021 9:00am
On November 4, 2021, the Second District Court of Appeal, Division 2, ruled against establishing tort liability for insurers who paid less than what the hospital believed to be the “reasonable and customary value.” This partially published opinion is based on the underlying suit between plaintiffs Long Beach Memorial Medical Center and Orange Coast Memorial Medical Center (collectively “the hospitals”) and defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) stemming from alleged underpayment by Kaiser for emergency medical services rendered at the hospitals.
November 18, 2021 10:53am
A jury recently awarded $20 million against the City of Exeter in San Luis Obispo County, California in a case involving a 2016 retired police dog which attacked and killed one individual and injured another. The jury verdict fits the mold of the typical Nuclear Verdicts™ plaguing our country. Defense attorneys can utilize methods to prevent these types of verdicts from being handed down if they understand and recognize the mold.
Guest Editor: Grace Shuman
October 29, 2021 9:00am
Could a Medi-Cal lien for recovery of advanced medical expenses be pre-empted by federal law? This was the issue recently decided by the Second District Court of Appeal in L.Q. v. California Hospital Medical Center.[i] The case involves the conflict between federal and state law on whether a state’s Medicaid program can legally claim a lien against a beneficiary’s personal injury settlement without violating the anti-lien provision in the federal Medicare Act. The Court of Appeal reversed the trial court and held the state Medi-Cal lien was valid, allowing recovery of the portion of the settlement proceeds to be attributable to past medical care paid for by Medi-Cal.
Guest Editor: Grace Shuman
October 29, 2021 9:00am
Attorneys should be aware of the basic but essential need for timeliness for court filings. In California, a recent case affirmed the importance of diligence and timely filings. In Braganza v. Albertson’s LLC, the Fourth District Court of Appeal affirmed the trial court’s denial of plaintiff’s motion to continue the hearing for a Motion for Summary Judgment and thus, granted the defense’s motion. Plaintiff’s counsel had sought the continuance on the ground that she needed additional discovery to oppose the motion but did not demonstrate diligence in timely conducting discovery before seeking the continuance.