Hinshaw & Culbertson LLP

633 West 5th Street Forty-Seventh Floor
Los Angeles, CA 90071-2043, United States

Contact: Carrie Ephgrave, Marketing Practice Group Manager

  • (213) 680-2800
  • (213) 614-7399

Department of Labor: Married Same-Sex Couples Have FMLA Rights Regardless of State of Residence

The U.S. Department of Labor ("DOL") recently announced its Final Rule changing the definition of "spouse" in the Family and Medical Leave Act ("FMLA") to include most same-sex married couples. The Final Rule becomes effective…more
| Civil Rights, Labor & Employment Law

Healthy Workplace, Healthy Families Act of 2014, California's Paid Sick Leave Law, To Take Effect

Starting July 1, 2015, California will join numerous other states in requiring employers provide employees with paid sick leave pursuant to the Health Workplaces, Healthy Families Act of 2014…more
| Labor & Employment Law

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered job…more
| Civil Rights, Labor & Employment Law, Transportation

Spiritual Director Doesn't Have a Prayer When it Comes to Her Discrimination and Termination Claims

Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Do Medical Records Support Removal And Do Unripe Claims Get Dismissed

In Alilin v. State Farm Mut. Auto. Ins. Co., No. 6:14-cv-1183-Orl-41DAB (D. for M.D. Fla., Jan. 30, 2015), Judge Carlos Mendoza denied Alilin's challenge to the amount in controversy prong of State Farm's removal to federal…more
| Civil Procedure, Insurance

Supreme Court: Ordinary Contract Principles Do Not Allow Inference of Vesting Rights Absent Clear and Express Language

In 2000, M&G Polymers purchased the Point Pleasant Polyester Plant in Apple Grove, WV. At that time, M&G entered into a collective-bargaining agreement and a related Pension, Insurance, and Service Award Agreement (P & I…more
| Commercial Law & Contracts, Labor & Employment Law

Is a tenant is entitled to attorney fees when landlord's anti-SLAPP motion is denied?

In Ben-Shahar v. Pickart, 2014 DJDAR 15712, the California Court of Appeal for the Second District decided a complex landlord/tenant case involving the interplay of unlawful detainer proceedings and California’s Special Motion…more
| Civil Procedure, Civil Remedies, Constitutional Law, Real Estate - Residential

Court rules percentage based award is reasonable under California law - ignores federal precedent

In Laffitte v. Robert Half International Inc., 2014 DJDAR 15575, the California Court of Appeal for the Second Appellate District decided an interesting attorney fee case arising from class action wage and hour litigation…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

When automatic stay violations require fee awards

In America’s Servicing Co. v. Schwartz-Tallard, 2014 DJDAR 12063, the United States Court of Appeal for the Ninth Circuit decided an interesting case arising from allegations that a debt servicing entity violated the Bankruptcy…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Residential

Nurse's Poor Work Performance Outweighs Claims of Whistleblower Retaliation

Lisa Pedersen was a dialysis clinic nurse who was responsible for assessing patients, working with physicians, and administering medication to patients. Pedersen was counseled about aggression in the workplace and other…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Post award correction of attorney fees award by arbitrator is reversed

In Cooper v. Lavely Singer Professional Corp., 2014 DJDAR 13272, the California Court of Appeal for the Second Appellate District ruled that a post-hearing substantive “correction” of a “Final Award” of attorney fees awarded by…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Law Practice Products & Services

Attorney fees claim becomes the tail that wags the litigation dog

In Ellis Law Group LLP v. Nevada City Sugar Loaf Properties LLC, 2014 DJDAR 13541, the California Court of Appeal for the Third Appellate District decided a case implicating the doctrine that self-represented law firms may not…more
| Civil Procedure, Civil Remedies, Constitutional Law

Supreme Court Backs Whistleblowing Air Marshall

On January 21st, the Supreme Court affirmed a former air marshal's right to whistleblower protection relating to his leaking of air security plans to the media. The 7-2 decision written by Chief Justice John Roberts in the…more
| Military Law

11th Circuit: Employer Aware of Employee's Underreported Hours Cannot Rely on "Unclean Hands" Defense in FLSA Case

Santonias Bailey, a TitleMax employee, underreported his hours worked. His supervisor instructed him to do so, and the supervisor would also himself routinely revise Baily’s time records to reflect even less hours worked. …more
| Civil Procedure, Labor & Employment Law

7th Circuit Finds That Naming EEOC Claimant in SEC Filing May Have Been Retaliatory

Celia Greengrass worked as an account executive for International Monetary Systems, Ltd. ("IMS"). In September 2007, Greengrass made an internal complaint about alleged harassment by a manager; two months later, she quit her…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
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Other U.S. Locations
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Number of Attorneys

400+ Attorneys

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