Hinshaw & Culbertson LLP

Court Revives DOL's Expanded Overtime and Minimum Wage Rules for Home Health Care Workers

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia in Home Care Association of America v. Weil reversed a lower court decision and upheld the U.S. Department of Labor's (DOL) 2013 regulatory change…more
| Health, Labor & Employment Law

Trope Doctrine Does Not Apply In Public Records Act Proceeding

In Law Offices of Marc Grossman v. Victor Elementary School District, 2015 DJDAR 8356, the California Court of Appeal for the Fourth Appellate District ruled that the Trope Doctrine did not apply in litigation under the…more
| Administrative Law, Civil Procedure, Civil Remedies

CCP § 998 Fees Are Recoverable Despite Claim For Indemnity

In Litt v. Eisenhower Medical Center, 2015 DJDAR 6921, the California Court of Appeal for the Fourth District ruled that CCP § 998 fees were recoverable by a defendant even though another defendant had an obligation to indemnify…more
| Civil Procedure, Civil Remedies, Personal Injury

It Can Be No Surprise That The Litigation Privilege Bars

In Bergstein v. Strook & Strook & Lavan LLP, 2015 DJDAR 5177, the California Court of Appeal for the Second District ruled that a plaintiff cannot establish the requisite “probability of success on the merits” in a SLAPP suit…more
| Business Torts, Civil Procedure, Constitutional Law

Fee Award Rendered In Defense Of Fee Application Is Overturned

In Baker Botts LLP v. ASARCO LLC, 2015 DJDAR 6509, the United States Supreme Court ruled that Section 330(a)(1) of the U.S. Bankruptcy Code does not authorize an award of attorney fees for defending a fee application…more
| Bankruptcy, Civil Procedure, Civil Remedies

Say What? An Employee Can Sue for Discriminatory Termination After Resigning?

The employee who causes you to lose sleep at night—you know, the poor performer with a worse attitude—saunters into your office Friday afternoon and QUITS. As she walks out the door with her belongings, you exhale a deep sigh of…more
| Civil Rights, Labor & Employment Law

(A Little) More to Digest on Criminal Background Checks

Last month, we discussed the importance of maintaining employment files, including records on the use of criminal background information in the employment process. We suggested steps to ensure that your use of such information…more
| Civil Rights, Labor & Employment Law

Using Criminal Convictions in the Hire Process: A Hobson's Choice for Employers?

Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the…more
| Civil Rights, Labor & Employment Law

Prejudgment Interest On Costs Is Improper

In Bean v. Pacific Coast Elevator Corp. (2015) 234 Cal.App.4th 1423, the California Court of Appeal for the Fourth Appellate District held that a trial court erred when it granted prejudgment interest on costs awarded in a…more
| Civil Procedure, Personal Injury

Appellate Court's Disposition And Remand Of Matter

In Ducoing Management Inc. v. Superior Court (2015) 234 Cal.App.4th 306, the California Court of Appeal for the Third Appellate District emphasized the importance of clear and understandable instructions to a lower court as part…more
| Civil Procedure, Insurance

CCP § 998 Fees Rejected As Judgment Was Less Than Offer To Compromise

In Lee v. Silveira, 2015 DJDAR 5287, the California Court of Appeal for the Fifth Appellate District ruled on an interesting tort case involving the interpretation of CCP § 998. In the appeal, a personal injury plaintiff…more
| Civil Procedure, Personal Injury

The Abuse Of Discretion Standard Applies To The Appellate Review Of Reasonable Attorney Fees

In Calvo Fisher & Jacob LLP v. Lujan, 2015 DJDAR 1965, the California Court of Appeal for the First Appellate District decided another case in the ongoing saga arising out of litigation concerning the Estate of Larry Hillbroom,…more
| Civil Procedure, Commercial Law & Contracts

Attorney Fees Incurred In Enforcement Of Anti Slapp Attorney Fee Award Are Recoverable Costs

In York v. Strong (2015) 234 Cal.App.4th 1471, the California Court of Appeal for the Fourth Appellate District reviewed an attorney fee award and a post-judgment attorney fee award under the SLAPP suit statute…more
| Civil Procedure, Commercial Law & Contracts

Trend Alert: NLRB Holds Employee Acting Alone Engages in Concerted Activity

The NLRB, and courts interpreting the National Labor Relations Act ("NLRA"), consistently have held that to engage in concerted activity protected by Section 7, two or more employees must take action for their mutual aid or…more
| Labor & Employment Law

Four Big Takeaways from Illinois' Proposed Pregnancy Accommodation Rules

Illinois employers, take note—in mid-July, the State's Department of Human Rights published its proposed rules implementing the State's new pregnancy discrimination law. As readers of this blog will know, the new law took…more
| Civil Rights, Labor & Employment Law
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