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Blog Posts in 2012

46 results found. Viewing page 1 of 2. Go to page 1 2   Next

History of Allegations of Sexual Abuse Against the Boy Scouts of America

The Boy Scouts of America seems to have an ongoing problem of sexual abuse against children that dates back to the early days of the organization. The abuse allegations have resulted in thousands of ...
Continue reading "History of Allegations of Sexual Abuse Against the Boy Scouts of America" »

Tolling the Statute of Limitations when Sexual Abuse is Alleged

On August 27, 2012, in Doe v. Defendant Doe 1 (California Courts of Appeal – 2nd District, No. B233498), the court held that notice must be provided to run the statute of limitations where the ...
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Arbitration Clauses

On August 20, 2012, in Sparks v. Vista Del Mar Child and Family Services (2012 DJAR 11581), the court did not uphold an employment arbitration clause. The court underscored the critical nature of ...
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Class Certification is Properly Denied

On August 30, 2012 in Hernandez v. Chipotle Mexican Grill Inc. (California Courts of Appeal – 2nd District, No. B216004), the court held that where an individual inquiry would be required to ...
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Employer Exercising Option Not to Renew Contract Cannot be Sued for Wrongful Termination

On August 16, 2012, in Touchstone Television Productions v. Superior Court (Sheridan) (California Courts of Appeal– 2nd District, No. B241137), the court held that when an employer simply ...
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Waiving Class Arbitration for Wage and Hour Class Actions

On August 13, 2012 in Truly Nolen of America v. Superior Court (Miranda) (California Courts of Appeal– 4th District, No. D060519), the court held that there were not enough facts to rule ...
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Whistleblower Doctor Not Required to Exhaust Administrative Remedies

On August 14, 2012, in Fahlen v. Sutter Central Valley Hospitals (California Courts of Appeal– 5 th District, No. F063023), the court held a doctor who had experienced retaliation for ...
Continue reading "Whistleblower Doctor Not Required to Exhaust Administrative Remedies" »

Ruling of "Fair" on Consent Decree Not Enough when Third Party Impacted

On August 10, 2012 in Reed v. United Teachers Los Angeles (California Courts of Appeal– 2nd District, No. B230817), the court held that a fairness hearing is not sufficient to approve a consent ...
Continue reading "Ruling of "Fair" on Consent Decree Not Enough when Third Party Impacted" »

Employee Exhausts Administrative Remedies

On July 30th, 2012 in Bullock v. Berrien (The US Court of Appeals – Ninth Circuit, No. 10-55866), the court held that filing a formal complaint for adjudication by an administrative law judge ...
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Spouse has Valid Loss of Consortium Claim in Latent Injury Case

On July 24, 2012, in Pacific Ship Repair and Fabrication Inc. v. Office of Worker Compensation Programs (United States Court of Appeals– 9th Circuit, No. 11-70292), the court held that negligent ...
Continue reading "Spouse has Valid Loss of Consortium Claim in Latent Injury Case" »

Assessing One-Way Fee Shifting Provision

On July 26, 2012 in Arias v. Kardoulias (The California Court of Appeals – 2nd District, No. B234263), the court held that for the purposes of assessing a one-way fee provision, an award of zero ...
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Special Employment Allows for Recovery Under Workers' Comp and FELA

On July 11, 2012 in Collins v. Union Pacific Railroad Co., (The California Court of Appeal – 4th District, No E062329), the court held that when a plaintiff is a special employee of a railroad ...
Continue reading "Special Employment Allows for Recovery Under Workers' Comp and FELA" »

FEHA Complaint is Verified by Attorney Even When it Lacks a Signature Line

On June 19 th, 2012, in Rickards v. United Parcel Service Inc., (The California Courts of Appeal – 2 nd District, No. B234192), held that an attorney that completes an FEHA complaint online, ...
Continue reading "FEHA Complaint is Verified by Attorney Even When it Lacks a Signature Line" »

Insurance Claims Adjusters Are Production Workers

On July 23, 2012 in Harris v. Superior Court (Liberty Mutual Insurance Co.,) , (The California Court of Appeals – 2nd District, No. B195121), the court held that insurance claims adjusters are ...
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Housing Projects Funded by Public and Housing Funds are not Exempt from Prevailing Wage Law

On June 15 th, 2012, in Housing Partners I Inc. v. Duncan, (California Courts of Appeal – 4 th District, No. E052582), the court held that a housing project that is supported by a combination of ...
Continue reading "Housing Projects Funded by Public and Housing Funds are not Exempt from Prevailing Wage Law" »

Social Security Disability Insurance Deductions from Long Term Plans

On June 18 th, 2012, in Renfro v. The Funky Door Long Term Disability Plan, (The US Court of Appeals – Ninth Circuit, No. 11-15301), held that an abuse of discretion does not occur by an ...
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Pharmaceutical Sales Reps are Outside Salesmen and Don't Get Overtime

On June 18 th, 2012, in Christopher v. SmithKline Beecham Corp., (The US Supreme Court, No.11-204), held that pharmaceutical sales representatives are outside salesmen and therefore they are not ...
Continue reading "Pharmaceutical Sales Reps are Outside Salesmen and Don't Get Overtime" »

Employer's Failure to Promptly Compel Arbitration is a Waiver of that Right

On June 13 th, 2012, in Hoover v. American Income Life Insurance Co. (California Courts of Appeal– 4 th District, No. E052864), the court denied an employer's motion to compel arbitration ...
Continue reading "Employer's Failure to Promptly Compel Arbitration is a Waiver of that Right" »

Refusing to Sign Disciplinary Form is Misconduct

On June 14 th, 2012, in Paratransit Inc. v. Unemployment Insurance Appeals Board, (California Courts of Appeal – 3 rd District, No. C063863), the court held that an employee refusal to sign a ...
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Arbitration Clause is Enforceable in Class Action Against Former Employer

On June 4 th, 2012, in Iskanian v. CLS Transportation Los Angeles LLC, (California Courts of Appeal– 2nd District, No. B235158), the court found that an arbitration agreement is enforceable, ...
Continue reading "Arbitration Clause is Enforceable in Class Action Against Former Employer" »

Civil Service Reform Act Provides Exclusive Avenue for Judicial Review

On June 11 th, 2012, in Elgin v. Dept. of Treasury, (The U.S. Supreme Court, No. 11-45), held that the Civil Service Reform Act (CRSA) provides the exclusive avenue to judicial review when adverse ...
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Internet Criticism of Former Employer is Constitutionally Protected Speech

May 29 th, 2012, in Summit Bank v. Rogers, (California Courts of Appeal– 1st District, No. A129800), the court found that a criticism of a former employer by a former employee posted on the ...
Continue reading "Internet Criticism of Former Employer is Constitutionally Protected Speech" »

The Requirements of Establishing Prima Facie Age Discrimination

On May 29 th, 2012, in Schechner v. KPIX-TV, (United States Court of Appeals—Ninth Circuit, No. 11-15294), the court found that in order for a prima facie age discrimination case to be ...
Continue reading "The Requirements of Establishing Prima Facie Age Discrimination" »

Hostile Work Environment Sexual Harassment

Hostile work environment sexual harassment occurs where the sexual conduct had the purpose or effect of interfering with work or creating an intimidating, hostile environment. To establish a case for ...
Continue reading "Hostile Work Environment Sexual Harassment" »

Breach of Collective Bargaining Agreement

On May 21st, 2012 in Alday v. Raytheon Co., (US Court of Appeals – Ninth Circuit, No.08-16984), the court held that the Employment Retirement Income Security Act (ERISA) allows for a cause of ...
Continue reading "Breach of Collective Bargaining Agreement" »
46 results found. Viewing page 1 of 2. Go to page 1 2   Next
  • Dedication & Experience

    Representing clients in Southern California since 1925!

    What We Do
  • SoCal Blog: Stay Informed

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    Recent News
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    View the recent verdicts & settlements we've won.

    Our Results
  • Take the First Step Now

    Get help now! Use our quick contact form to email us.

    Free Case Review
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