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Prevailing Party CA Supreme Court

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Payne & Fears

Key California Employment Law Cases: August 2018

Payne & Fears on

This month’s key employment law cases address pre-employment physicals, appeals from California Labor Commissioner awards, and background checks.   EEOC v. BNSF Ry. Co., 902 F.3d 916 (9th Cir. 2018)...more

Allen Matkins

Dismissal Based On Forum Non Conveniens Does Not Trigger Fee Shifting

Allen Matkins on

California generally follows the “American Rule” with respect to attorney’s fees. Trope v. Katz, 11 Cal.4th 274, 278 (1995). Under the American Rule each party to a lawsuit must ordinarily pay his own attorney’s fees. A...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

CMCP - California Minority Counsel Program

California Supreme Court Raises the Bar for Recovery of Costs by Prevailing Defendants in FEHA Cases

In Williams v. Chino Valley Independent Fire District, the California Supreme Court held that a prevailing defendant in a California Fair Employment and Housing Act (“FEHA”) case can only recover costs of suit where the...more

Fenwick & West LLP

Prevailing FEHA Defendant Not Entitled To Litigation Costs Unless Plaintiff’s Lawsuit Lacked Objective Basis

Fenwick & West LLP on

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in discrimination lawsuits under the California Fair Employment and Housing Act...more

Haight Brown & Bonesteel LLP

Employers Who Prevail in FEHA Cases Cannot Recover Costs Unless the Employee’s Claims Are Frivolous, Unreasonable, or Groundless

In Williams v. Chino Valley Independent Fires District, (No. S213100, en banc, filed 5/4/15) (Williams), the Supreme Court of California held a prevailing defendant in an action under the California Fair Employment and...more

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