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Employees vs. Independent Contractors – More Bad News for California Businesses: Dynamex Strengthened and Retroactively Applied

The lower Court in Vazquez v. Jan-Pro Franchising International, Inc. (9th Cir. 17-16096 5/2/19) had rendered a decision in a decade-old class action. Subsequently, last year in April 2018, the California Supreme Court decided Dynamex Operations West v. Superior Court… Continue Reading →

In Addition to No Wage and Hour Liability Against Payroll Provider, Now No Contract and Negligence Liability

Goonewardene v. ADP, LLC, et al. (SC S238941 2/7/19). The California Supreme Court has recently decided that a payroll company cannot be held liable to an employee for breach of contract and negligence in calculating wages. The existing law is… Continue Reading →

Courts Continue to Enforce Arbitration Agreements

On September 25, 2018, the United States Court of Appeals for The Ninth Circuit followed the U.S. Supreme Court’s lead by enforcing class action waivers in arbitration agreements. This a significant win for employers, and Uber in particular. Uber drivers… Continue Reading →

The Sinking of El Faro

On December 12, 2017, the National Transportation Safety Board met to present its findings and proposed recommendations related to the sinking of the U.S. cargo ship El Faro. The 790-foot El Faro sank about 40 nautical miles northeast of Acklins… Continue Reading →

It’s Not False Imprisonment if Plaintiff Refuses to Leave

United Airlines recently prevailed on a False Imprisonment claim involving a passenger who refused to leave the United Club Departure lounge in Cooper v. United Airlines, Inc., 2017 WL 3278924 (S.D.N.Y. August 1, 2017).  The Plaintiff was returning from Kenya… Continue Reading →

Plaintiff’s Case Deflated Because Hot Air Balloon Was Not A Common Carrier

Plaintiff sued a hot air balloon operator in Erika Grotheer v. Escape Adventures, Inc.,  __ Cal. Rptr. 3d. ___ (2017) for injuries she incurred as a passenger on a hot air balloon adventure which abruptly ended when the balloon crashed… Continue Reading →

Retaliation By Any Other Name…Is Still Willful

In National Union Fire Ins. Co. of Pittsburgh, PA v. Town of Norwood, __ F. Supp. 3d__, 2017 WL3185848 (D. Mass. July 26, 2017), the Town of Norwood, Massachusetts (“Norwood”) recently found out that a First Amendment claim for retaliation… Continue Reading →

California Supreme Court Requires Untethered Rest Break for California Employees

On March 21, 2017, the California Supreme Court issued a remittitur in a case much anticipated by California employers.  The questions before the Court in Augustus, et al., v. ABM Security centered around whether duties during a rest break and… Continue Reading →

Seventh Circuit Decides Another “Dam” Case: Lawsuit Filed Against Real Estate Broker By Former Clients Did Not Involve Broker’s Professional Services

In Madison Mutual Ins. Co. v. Diamond State Ins. Co., no. 15-3292, 2017 WL 1065557 (7th Cir. Mar. 21. 2017), the Seventh Circuit Court of Appeals determined that two separate lawsuits filed by the same plaintiffs against a real estate… Continue Reading →

No Coverage For Contempt Proceeding Under Lawyer’s Professional Liability Policy

By Lindsey Dean Although an award of sanctions against an attorney can be very costly to the attorney, the Eleventh Circuit’s recent opinion in Jones, Foster, Johnston & Stubbs, P.A. v. ProSight-Syndicate 1110 At Lloyd’s, no. 15-12399, 2017 WL 586450… Continue Reading →

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