Barger & Wolen

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Attorney	Latest Publications
Gary Bresee	Cigna Agrees to Re-evaluate and to Compensate Disability Insureds in the Amount of $77 million In a wide ranging re-evaluation of disability claims covering its insureds in California, Connecticut, Maine, Massachusetts and Pennsylvania, Cigna Corporation may pay up to $77 million in past disability income insurance…more CIGNA, Disability, Disability Insurance, Remediation	See All Updates »
Suhhee Choi	Recent Regulatory Rulings May Provide Leverage for Insurers As recently reported in this blog post, Los Angeles Superior Court Judge Gregory Alarcon invalidated the California Department of Insurance's regulation on estimating replacement costs for homeowners insurance (10 CCR 2695.183)…more	See All Updates »
Gregory Eisenreich	FINRA Panel Rules on Charles Schwab's Challenge to FINRA Rules Prohibiting Class Action Waiver Clauses In October 2011, Charles Schwab ("Schwab") began inserting into its customer Account Agreements a class action waiver clause…more AT&T Mobility v Concepcion, Case Consolidation, Charles Schwab, Class Action Arbitration Waivers, Disciplinary Proceedings	See All Updates »
Peter Felsenfeld	Analysis: Controversy Surrounding Obama’s NLRB Recess Appointees As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business…more Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS	See All Updates »
Larry Golub	California Supreme Court Hears Argument on Whether Insurance Code Limits UCL Lawsuits Against Insurers On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether conduct of an insurer, which is related to conduct that would violate California’s…more Insurers, Unfair Insurance Practices Act	See All Updates »
James Hazlehurst	Liability Insurers May Have Duty to Defend Against Federal Prosecutions, California Court of Appeal Holds The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not eliminate a liability insurer’s duty to defend against a federal prosecution…more Criminal Defense, Criminal Prosecution, Liability Insurance	See All Updates »
John LeBlanc	Legal Challenges to ACA Not Quite Finished If you thought that the legal battle over the constitutionality of the Patient Protection and Affordable Care Act ("ACA") was put to rest in NFIB v. Sebelius, you may want to pay attention to Liberty University v. Geithner…more Affordable Care Act, Liberty University v. Geithner, NFIB v. Sebelius	See All Updates »
David J. McMahon	Five-Day Extension For Mailing Applies To Deadline To File Timely Cost Bill In Nevis Homes LLC v. CW Roofing Inc., 2013 DJDAR 6187(2013) the California Court of Appeal for the Second Appellate District decided a procedural issue pertaining filing a memorandum of costs. The court clarified the rules and…more Deadlines, Extensions, Pleadings, Service of Process	See All Updates »
Brendan Mullan	Recorded Witness Statements Subject to Qualified Work Product Protection The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v…more Audio Recording, Video Recordings, Witness Statements, Work Product Privilege	See All Updates »
Michael Newman	Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have made…more Attorney's Fees, Discrimination, Mixed Motive Cases, Retaliation, Title VII	See All Updates »
Edwin Oster	Recovery From Dissolved Corporation's Liability Insurer Barred By Foreign Survival Statute The recent case of Greb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending against actions brought in…more Dissolution, Foreign Jurisdictions, Greb v Diamond International Corp, Statute of Limitations, Survival Statute	See All Updates »
Robert Renner	Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced…more Attorney's Fees, ERISA, McCutchen v. U.S. Airways, SCOTUS, Third-Party	See All Updates »
Samuel Sorich	California Supreme Court Hears Argument on Whether Insurance Code Limits UCL Lawsuits Against Insurers On May 8, 2013, the California Supreme Court convened to hear oral argument in Zhang v. Superior Court. The case presents the issue of whether conduct of an insurer, which is related to conduct that would violate California’s…more Insurers, Unfair Insurance Practices Act	See All Updates »
Travis Wall	Judicial Notice Doctrine Bolstered by Court of Appeal Decision A recent California decision should make it easier for insurers to attack allegations at the pleading stage in state court actions…more Insurers, Judicial Notice, Pleadings	See All Updates »
Jenny Wang	An Employee's Umbrella Insurance Policy Must Be Exhausted Before Seeking Contribution From Policies Covering The Employer When an employer is vicariously liable to a third party for its employee’s negligence, and both the employer and employee have primary and umbrella policies covering liability to the third party, the employee’s primary and…more Equitable Contribution, Excess Policies, Insurers, Settlement, Umbrella Policies	See All Updates »

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