Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but...more
With a significant mass of cases left to decide and only a few weeks to issue the opinions, the U.S. Supreme Court has reduced the backlog by four yesterday. None of them, however, resolves the future of Chevron deference or...more
The Supreme Court of the United States issued four decisions today: Moore v. United States, No. 22-800: This case concerns the constitutionality of the Mandatory Repatriation Tax (“MRT”) included in the 2017 Tax Cuts and...more
We invite you to review our newly-posted May 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more
Most experienced False Claims Act (FCA) practitioners are all too familiar with the statutory provision requiring defendants to pay whistleblowers’ attorneys’ fees at the end of FCA cases. What is less commonly known is the...more
One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility....more
In City of Newport v. Westport Insurance Co., the Kentucky Court of Appeals addressed whether coverage existed for a malicious prosecution claim in a law enforcement liability policy that covered only periods of time during...more
In our November Insurance Update, we address consent, “occurrence,” malicious prosecution, claims-made reporting requirements, and the duty to defend. Consent has seemed to plague TV-maker Vizio. First, it got into trouble...more
Corporations must innovate and set themselves apart from their competition to achieve long-term success, but they cannot act with reckless abandon in doing so. Rather, they must strategically plan their moves to proactively...more
Practice Note- Third Circuit Adopts 5:00 PM Filing Deadline- Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other...more
Suppose a public employee maliciously and without probable cause files a lawsuit or initiates an administrative proceeding against you. You succeed in obtaining a dismissal, but would like to hold that employee accountable. ...more
In an interesting new decision, the Ninth Circuit in Aspen Specialty Ins. Co. v. Miller Barondess, LLP (“Miller Barondess”) held that Section 533 of the California Insurance Code—which states that “[a]n insurer is not liable...more
The United States Court of Appeals for the Ninth Circuit, applying California law, has held that California Insurance Code Section 533, which prohibits insurance coverage for willful conduct, does not require a final...more
In the world of qui tams, it is usually the whistleblower pushing cases to trial. But on February 23, 2023, a federal judge in West Virginia set down for trial a hospital’s case against a whistleblower. Now, in a trial set...more
While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued with malice and without...more
In Jenkins et al. v. Brandt-Hawley et al. (1st Dist., Div. 2, 2022) ___ Cal.App.5th ___, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions. The Court of Appeal upheld an...more
Today’s news media is full of stories about supposed malicious allegations, unfounded criminal investigations and indictments based on perjury. Regardless of our political leanings, all of us should hope that such things...more
A year and a half ago, we blogged about a decision in which Bronx County Supreme Court Justice Llinet M. Rosado ruled that a shareholder’s alleged stock transfer through a bequest in his last will and testament was...more
On April 4, 2022, the U.S. Supreme Court decided Thompson v. Clark, No. 20-659, holding that a plaintiff who brings a Fourth Amendment claim under 42 U.S.C. § 1983 for malicious prosecution must show that the underlying...more
Today, the Supreme Court of the United States issued one decision: Thompson v. Clark, No. 20-659: In 2014, police received a report that petitioner Larry Thompson was sexually abusing his newborn baby. When police...more
In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more
Litigating wage and hour claims can be frustrating. Not only do employers have to incur legal expenses, they also have to sometimes defend inflated and inaccurate claims....more
Precedential Opinions of Note - False Claims Act’s First-to-File Bar Permits Amended Complaint Adding New Relator - In re Plavix Marketing, Sales Practices and Products Liability Litigation (No. II) (September 1, 2020), No....more
This day in time, you have to be careful what you say or write. Indeed, the utterance of only a few words can lead to an expensive lawsuit and the potential award of damages for causes of action such as defamation, business...more
Summary judgment entered in the attorney defendant's favor on grounds of lack of causation in a legal malpractice case was upheld by a Texas court of appeal where plaintiffs' expert's opinions regarding proximate cause were...more