Client Alerts

• Court Limits Evidence of Medical Expenses in Personal Injury Actions
• Pending California Supreme Court Employment, General Liability, Health Care, Insurance, Professional Liability, And Public Entity Cases As Of March 29, 2013
• California Supreme Court Applies Rule Of Retroactive Revival To Notices Of Appeal Filed By A Suspended Corporation
• A Win for California Employers: Employee’s Burden of Proof in Discrimination Cases is Now “Substantial”
• California Supreme Court Issues Decision on “All Sums” and Stacking in Continuing Injury Damage Lawsuits
• New Environmental State Laws and Regulations Impacting Businesses
• New Laws Impacting California Employers in 2013
• California Franchise Law
• Remodeling the Disability Access Claim: New Law Aids California Businesses
• Liability Insurer’s “No Assignment” Clause Enforced
• Point-of-Sale ADA Claims Pointing Upward
• No Good Deed Goes Unpunished: Employee Bonus Program Leads to Overtime Class Action
• California Case Law Update – Supreme Court Provides Much Needed Clarification Regarding Work Product Protection of Attorney-Directed Non-Party Witness Interviews
• California Insurance Law Alert
• Blow to Certain Product Manufacturers Blunted
• In Blow to Certain Product Manufacturers, California Appellate Court Uses O’Neil Exceptions to Allow Plaintiffs’ Case to Withstand Judgment on the Pleadings
• California Court Opinion Upholding Punitive Damages Against Manufacturer Exceeding Company's Net Worth A Warning to Defendants
• California Employers Receive Long Overdue Clarification Of Their Obligations Regarding Meal And Rest Breaks
• Court of Appeal Terms Insurer’s Act of “Hiding Behind An SIR” As “Gamesmanship”
• California Insurance Coverage Alert
• California Environmental Law Alert
• Should Businesses Fear the Honda Small Claims Court Verdict?
• California Supreme Court Decision Victory for Equipment Manufacturers
• New California Employment Laws Affecting Businesses in 2012.
• Court of Appeal Enforces Contractor’s “Right to Repair” Act
• Failure of Injured Party to Timely File Claim in Conservation Proceeding of Insolvent Insurer Precludes Co-Carriers from Obtaining Contribution to Defense Costs of Insured that had Itself Filed Bankruptcy.
• Crawford Redux II: The Legislature Speaks
• San Francisco Superior Court Sets Hearing to Rescind Asbestos Litigation General Orders
• Pending California Supreme Court Tort, Employment and Insurance Cases
• Intellectual Property Rights Exclusion Applies to Claims for Misappropriation of Likeness Under “Personal and Advertising Injury” Coverage
• California Toxic Tort Law Alert
• California Court Of Appeal Applies Horizontal Exhaustion Rule In Continuing Damage Case But Also Enforces Anti-Stacking Provision Of Carrier’s Policies
• Injured Plaintiffs May Not Recover Medical Expenses Billed To But Not Paid By Heath Insurer
• California Insurance Law Alert
• San Francisco Court Closures Likely To Affect Asbestos Cases
• California Insurance Law Alert
• Intentional Conduct Resulting In Unintended Injury Is Not An Accident
• California Overtime Laws Apply to Nonresidents Working In State
• Liability, quality assurance, safety and regulatory issues associated with the Affordable Care Act and the need for Pro-Active Risk Management
• California Collision Insurance Repair Law Update
• Supreme Court Gives Business the Gift of Class Action Waivers in Arbitration Agreements
• Waivers And Releases Insulate Schools And Athletic Organizations From Some But Not All Claims Of Negligence
• It Wasn't Our Imagination
• On Being Proactive - Why We File Motions For Summary Adjudication
• Asking For Zip Codes With Credit Card Transactions? The California Supreme Court Says Merchants Beware!
• California Welcomes Fast And Cost-Effective Jury Trials
• Stewart v. Union Carbide 2010 DJDAR 17352
• California Employers Beware – A New Wave of Litigation is Coming
• San Francisco Court Faces Uncertain Future for Asbestos Trial Docket Case Resolution Management Procedures With Reporting of Settlements to Medicare
• Public Entity Liability Case Law Update
• Pending California Legislation May Impact Water Rights
• 1.5 Million Member Gender Discrimination Class Action Possibly Headed to the United States Supreme Court
• Employees May No Longer Sue Employers For The Alleged Mishandling Of Tips Under California Labor Code Section 351
• Off-Hand Remarks Made By Any Employee At Any Time Can Be Considered As Evidence Of Employment Discrimination
• The Calderon Process Is A “Suit” Triggering Insurance Coverage
• California Comparative Fault Update
• California Tort Damage Law Update
• Ninth Circuit Upholds Certification of Nationwide Gender Discrimination Class Action of 1.5 Million Current and Former Female Employees
• Component Parts Doctrine Reaffirmed
• California Case Law Update – Decision Changes Discovery Rules on Witness Statements
• CRAWFORD REDUX: Where are the Damages?
• Top Ten Questions To Answer When Defending Against A California Asbestos Claim
• The Term "Products-Completed Operations Hazard" As Defined By Commercial General Liability Policies Is Unambiguous
• How it is Possible for a Design Professional to Win at Trial but Still Wind Up Losing
• The Hirer Of An Independent Contractor Sued Under Peculiar Risk Theory May Be Entitled To Coverage For Motor Vehicle Accidents As An Insured Under The Contractor’s Automobile Policy
• Supervisor Training Deadline Is Imminent
• Unfair Competition Law Claims May Be Brought Against Insurers
• What A Difference A Week Makes: Second Appellate District Issues Contradictory Opinions On Whether Equipment Manufacturers Are Strictly Liable For Asbestos In After-Market Insulation, Packing And Gaskets
• ADA Reform – Relief Is On The Way For California Businesses
• Insurer Has No Obligation To Defend Claims Of Assault And Battery Committed In Self Defense
• Unlicensed Contractors Must Return All Compensation Received, Without Reductions For Offsets, Indemnity, Or Contribution
• General Contractor Ordered to Pay Unpaid Wages of Unlicensed Subcontractor’s Employees
• Health Plans, Network Payors and Others May Terminate and/or Re-Negotiate Their Fee for Service Schedules with an Individual Practice Association Following FTC Investigation into Anti-Competitive Activities
• Employers In California Should Have A Company Policy Monitoring Employee E-mails and Internet Use
• Utilization Reviews Must Be Carefully Performed By Insurers, Hospitals and Other Integrated Delivery System Organizations To Avoid Liability
• Settlements And Damages In Disability Access Cases Likely To Increase
• Insurer Has No Obligation Under Supplementary Payments Provision To Pay Attorney Fees Or Costs Arising Solely From Uncovered Claims
• The American With Disabilities Act – Relief Is On The Way For California Businesses
• Collective Tip Jars: Low Level Supervisors Who Provide Service May Share In The Wealth
• California to Require Fast Food Restaurants and Restaurant Chains to Label Calorie Content and Nutritious Information
• Bulletpoint Checklist for Managing the Risk of Medicare Secondary Payer Claims
• Is Your Business Protected?
• A Sliding Scale of Foreseeability: Property Owners Must Provide Minimal Security Measures Based on Previous Violent Attacks on Tenants
• The U.S. Department Of Labor And Internal Revenue Service Release Guidelines For New COBRA Rules Under The American Recovery And Reinvestment Act Of 2009 (ARRA)
• San Francisco Housing Law Update
• The American Recovery and Reinvestment Act of 2009 (ARRA) Requires Employers To Pay A New COBRA Subsidy For Qualifying Terminated Employees
• Waters Muddied on the Limitation of Liability of Surface Carriers Transporting Ocean Cargo Inland
• President Obama Signs The Lilly Ledbetter Fair Pay Act
• At Long Last, The Family And Medical Leave Act Is Revised
• Companies Beware: Failure To Accommodate Breast-Feeding For Employees Could Result In Significant Fines
• Stock Purchase Plans That Forfeit An Employee’s Stock Before They Vest Do Not Violate Labor Code Provisions Requiring Payment Of All Earned Wages
• California Enacts Sweeping Changes That Limit a Subcontractor's Obligation to Defend and Indemnify Contractors and Developers In Connection With Residential Construction Defect Claims
• Limits on the Song-Beverly Credit Card Act: Retailers May Request Personal Information When Dealing With Merchandise Returns
• Penalties of Over $250,000 Issued for Violation of Heat Illness Prevention Regulations
• The Wild West Lives On! California Supreme Court Strongly Rejects Attempt to Expand Non-Compete Agreements and Reaffirms an Employer’s Obligation to Indemnify Its Employees
• New California Law Requires Locking Mail Receptacle for Each Unit in Residential Hotel
• New Employer Friendly Decision Finds Employers are Only Required to Make Meal Periods and Rest Periods "Available" to Employees and Stresses the Importance of Written Company Policies
• Subcontractor's Duty to Defend
• Teenager’s Death Demonstrates Need For Employers To Exercise Heat Precautions
• As The Department Of Industrial Relations Strengthens Its Enforcement Of Minors Laws, Employers Must Ensure Compliance Or Face Stiff Penalties