Latest Publications

Share:

San Diego Health Care Provider Defeats Class Certification in Lawsuit Challenging Legality of Medical Bills

In Kendall v. Scripps Health (D070390), filed 10/18/17, publication order 10/23/17), the California Court of Appeal, Fourth Appellate District held that a motion for class certification was properly denied in a case where the...more

California Court Declines to Accept Broad Exception To Going & Coming Rule

In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more

San Diego Developer Strikes Out on “Disguised Taking” Claim

In Dryden Oaks, LLC v. San Diego County Regional Airport Authority et al.(D068161, filed 9/26/17, publication order 10/19/17), the California Court of Appeal, Fourth Appellate District held that the County of San Diego...more

Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

In Retzloff v. Moulton Parkway Residents’ Ass’n, (2017) Cal. App. LEXIS 727, the Fourth District Court of Appeal considered the novel question of whether attorneys’ fees can be included as part of the cost award to a...more

Senators Duel Over Health Care

In his Daily Journal article “Senators Duel Over Health Care,” Partner Michael Parme discussed the outcome of the most recent votes in the health care debate and possible next steps. “While McConnell indicated that the...more

ACA Repeal: Deciphering The Path Ahead

The U.S. Senate’s efforts to craft a health care reform bill that would fulfill the promise of dismantling the Patient Protection and Affordable Care Act (ACA) have been plagued by partisanship, secrecy, disagreement and...more

Health Care Reform Behind Closed Doors

Behind closed doors, Senate aides work furiously on a piece of legislation that will potentially define the trajectory of health care for the next generation of Americans. Despite its potential impact on millions of Americans...more

Senate Faces Health Care Bill Hurdles

Last month, the U.S. House of Representatives narrowly passed the American Health Care Act (AHCA). The legislation would effectively repeal and replace key provisions of the Affordable Care Act (ACA). The bill, which the...more

Ninth Circuit Holds Statute of Limitations Applicable to Class Action May Be Tolled By Prior Lawsuit

In Resh v. China Agritech, No. 15-55432, published May 24, 2017 (Resh), the Ninth Circuit Court of Appeals held that a would-be class action is not time barred where (1) the plaintiffs were unnamed plaintiffs in two earlier...more

Third Appellate District Holds Right to Repair Act Precludes Certain Common Law Claims for Damages Caused by Construction Defects

In Gillotti v. Stewart (No. C075611, filed 4/26/17, publication order 5/18/17), the California Court of Appeal for the Third Appellate District held that the Right to Repair Act, Civil Code section 895, et seq. (the “Act”)...more

Affordable Care Act Gets Uncertain Prognosis

After many weeks of lobbying both lawmakers and voters, Republican leaders in Washington struggled to obtain votes for the proposed replacement healthcare legislation known as the American Health Care Act, culminating in...more

Retirees Have Standing to Assert Statutory Wage Claims

In McLean v. State of California, et al., Case No. S221554, published August 18, 2016, the Supreme Court of California held that Labor Code sections 202 and 203, which govern prompt payment of an employee’s final wages, apply...more

California Court of Appeal Reaffirms Hurdles to Overcoming Rating Presumption

In Contra Cost County v. Workers’ Compensation Appeals Board, and Dahl, Case No. A141046 [WCAB No. ADJ1310387], filed September 24, 2015, the California Court of Appeal, First Appellate District, annulled a Workers’...more

NLRB Revises and Expands Standard for Joint-Employer

In a recent decision entitled Brown-Ferris Industries of California, Inc., et al., Case No. 32-RC-109684, published August 27, 2015, the National Labor Relations Board (NLRB) redefined the standard for determining...more

“Something We Cannot Do”: Mies Confirms Limited Review of Class Certification Orders

In Mies v. Sephora U.S.A., Inc., No. A139410, published February 26, 2015 (Mies), the California Court of Appeal, First Appellate District held that a trial court’s broad discretion to rule on class certification encompasses...more

Employment Alert: Court Upholds Waiver of Employer’s Right to Arbitration

In Bower v. Inter-Con Security Systems, Inc., No. A135940, published December 31, 2014 (Bower), the California Court of Appeal, First Appellate District held that a defendant employer waived its right to arbitration based on...more

Employment Client Alert: Court Upholds Enforceability of Ambiguous Employment Contract

In Pacific Corporate Group Holdings, LLC v. Keck, No. D062277, published December 12, 2014 (Keck), the Court of Appeal held that an employee could enforce the terms of an employment contract where the parties’ conduct showed...more

Employment Alert: U.S. Supreme Court - Federal Wage Law Does not Apply to Wait Time for Security Screening of Employees

In Integrity Staffing Solutions, Inc. v. Busk, et al. (Integrity), No. 13-433, the Supreme Court of the United States held the time spent by warehouse workers waiting to undergo and undergoing security screenings is not...more

12/15/2014  /  Amazon , FLSA , SCOTUS , Security Checks , Wages

Employment Alert: Ninth Circuit Adopts Strict Pleading Requirement for FLSA Violation Claims

In Landers v. Quality Communciations, Inc., et al., No. 12-15890, published November 12, 2014 (Landers), the Ninth Circuit held it is not enough for a complaint under the Fair Labor Standards Act to merely allege that the...more

19 Results
/
View per page
Page: of 1

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.