Kronick, Moskovitz, Tiedemann & Girard

400 Capitol Mall, 27th Floor
Sacramento, CA 95814, United States

  • 916.321.4500
  • 916-321-4555

Federal Ninth Circuit Court Of Appeals Rules FedEx Drivers Are Employees, Not Independent Contractors, Under Both California's and Oregon's "Right-To-Control" Test

Class actions were brought against FedEx in both California and Oregon by FedEx drivers contending they had been misclassified as independent contractors. (Alexander, et al. v. FedEx Ground Package System, Inc. and Slayman, et…more
| Civil Procedure, Labor & Employment Law, Transportation

Car Dealership Employee Fired After Complaining About Fraudulent Warranty Claims May Sue For Wrongful Termination in Violation of Public Policy

The Fourth District Court of Appeal recently held that a former car dealership employee’s allegation that he was terminated over his complaints of fraudulent warranty claims was sufficient to support a cause of action for…more
| Civil Procedure, Labor & Employment Law

The Future of Rail 2050

California’s High-Speed Rail project is . . . well . . . very California. Mix some forward, independent thinking (it was first proposed by then (and now) Governor Brown back in the 1980s), with a dash of high tech (travel…more
| Transportation

Being a Contractor Just Got a Whole Lot Scarier

If you’re fortunate enough to live and work in California you have a lot to be thankful for. Temperate weather, beautiful beaches, rugged mountains and an array of attractions whether you’re an urbanite, outdoorsman or thrill…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Prompt Payment Requirements That Apply to Employees Who Quit Also Apply to Employees Who Retire

California’s Third District Court of Appeal recently concluded that the final wage payment requirements and waiting time penalties prescribed by Labor Code sections 202 and 203 apply not only to employees who quit, but also to…more
| Civil Procedure, Labor & Employment Law

Ninth Circuit Holds Alleged Retaliatory Actions Must Be Viewed in Context For Purposes of a First Amendment Retaliation Claim

In Wendy Thomas, et al v. County of Riverside, et al, the Ninth Circuit considered whether the District Court properly granted summary judgment of an employee’s First Amendment retaliation claim in favor of the employer…more
| Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law

Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Labor Code Requires Reimbursement of Employees’ Work-Related Use of Personal Cell Phone

Recently, in Cochran v. Schwan’s Home Service, Inc., (August 12, 2014, B247160) --- Cal.Rptr.3d ----, Cal.App. 2 Dist.), the California Court of Appeal for the Second Appellate District held that an employee is incurring an…more
| Civil Procedure, Labor & Employment Law

Bankruptcy Appellate Panel Holds That Contempt Proceedings Filed Against Debtor Were Not Subject To Automatic Stay

In In re Dingley (August 6, 2014) --- B.R. ----, 9th Cir.BAP (Nev.), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that a creditor did not violate an automatic stay for maintaining a contempt proceeding against a…more
| Bankruptcy, Civil Procedure, Civil Remedies, Finance & Banking

Employer Cannot Compel Former Employee to Arbitrate Claims After Failing to Follow Preliminary Steps of the Contractual Arbitration Procedure

The issue before the Court of Appeal for the Second Appellate District was whether KTLA, LLC, a Los Angeles based broadcaster, could compel a former employee, Kurt Knutsson, to arbitrate his claims against KTLA. (Knutsson v…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Bank Must Face Homeowner’s Negligence Claim Because It Owes A Duty To Use Reasonable Care In Processing Loan Modification

In Alvarez v. BAC Home Loans Servicing L.P. (August 7, 2014, A138443) --- Cal.App. 4th ---, the First District Court of Appeal reversed a judgment entered in favor of Defendants as to fraud, unfair competition and negligence…more
| Civil Procedure, Finance & Banking, Personal Injury, Business Torts, Real Estate - Residential

Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same Time; But District Reasonably Found Neither Category Applied

In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services on…more
| Education

Sunshine Ordinance Preempted by City Charter Provision Creating Attorney-Client Privilege

The First District Court of Appeal determined that City of San Francisco (“City”) resident Allen Grossman (“Grossman”) was not entitled to documents related to the development of certain San Francisco Ethics Commission…more
| Civil Procedure, Conflict of Laws, Elections & Politics, Privacy

Clothing Retailer Cannot Force Arbitration of Wage and Hour Claims Where Agreement Specifically Excluded Matters Within Labor Commissioner’s Jurisdiction

In deciding Tilly’s Inc.’s appeal to send a former warehouse employee’s proposed class action to arbitration, the Court of Appeal for the Fourth District of California held that arbitration provisions contained in the clothing…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Claimant Must Exhaust Administrative Remedies Provided For In The Financial Institutions Reform, Recovery, and Enforcement Act of 1989

After defaulting on his Hawaii home mortgage with Washington Mutual Bank ("Wamu") and facing nonjudicial foreclosure, Todd Rundgren (Hello It's Me) and his wife, Michelle (collectively the "Rundgrens"), sued Wamu and JP Morgan…more
| Administrative Law, Civil Procedure, Finance & Banking, Business Torts, Real Estate - Residential
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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