Laura Flynn

Laura Flynn

Low, Ball & Lynch

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Recoverable Costs As Prevailing Party – Subpoenaed Medical Records

Naser v. Lakeridge Athletic Club - Court of Appeal, Fifth Appellate District (June 27, 2014) - Pursuant to California Code of Civil Procedure (CCP) § 1032, a prevailing party is entitled to recover costs. The...more

8/11/2014 - Legal Costs Recovery Laws Rules of Civil Procedure

Employment Law – Delivery Drivers Wrongfully Classified as Independent Contractors Rather Than Employees

Fernando Ruiz, et al. v. Affinity Logistics Corp. - United States Court of Appeals for the Ninth Circuit (June 16, 2014) - The causes of action that can be asserted against an employer often depend on whether...more

7/21/2014 - Appeals Delivery Drivers Employee Definition Employer Liability Issues Independent Contractors Misclassification Trucking Industry

Equity – Establishing the Elements of Equitable Tolling and Equitable Estoppel

Linda Hopkins v. Jurek Kedzierski as Trustee, etc., et al. - Court of Appeal, Fourth Appellate District (April 16, 2014) - Under the principle of equitable tolling, a statute of limitations will not bar a claim...more

5/21/2014 - Equitable Estoppel Equitable Relief Equitable Tolling Negligence Premises Liability

Civil Procedure – Mandatory Versus Discretionary Dismissal Pursuant to C.C.P. §473(b)

Anthony H. Noceti, et al. v. Rex Whorton - Court of Appeal, Third District (March 18, 2014)- Code of Civil Procedure Section 473 has provisions that allow a court to set aside actions taken against a party...more

4/7/2014 - Dismissals

Weekly Law Resume - February 2014: Employment Law – Wrongful Termination – Retaliation – Jury Instruction

Romeo Mendoza v. Western Medical Center Santa Ana - Court Of Appeal, Fourth District (January 14, 2014) - In the Harris decision, the California Supreme Court held that CACI No. 2500 (the Federal Employment and...more

2/17/2014 - Discrimination Disparate Impact FEHA Jury Instructions Retaliation Termination

Employment Law Newsletter: April 2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

4/17/2013 - Brinker Class Certification Disability Discrimination FEHA Investigations Pregnancy Pregnancy Disability Leave Law Privacy Laws Rest and Meal Break Social Media Social Media Policy Termination

Weekly Law Resume - December 27, 2012: ADA Defendant Granted Attorney Fees as a “Prevailing Party”

Les Jankey v. Song Koo Lee California Supreme Court (December 17, 2012) The Supreme Court upheld an award of attorney fees in favor of a defendant in a disability access discrimination case pursuant to California...more

1/10/2013 - ADA Affirmative Defenses Attorney's Fees Disability Disability Access Claims Discrimination Preemption

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