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California Trucking Association v. Bonta, No. 20-55106, 2021 WL 1656283 (9th Cir. Apr. 28, 2021) Summary: The Federal Aviation Administration Authorization Act does not preempt the “ABC test” for determining whether...
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The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits. Insurers have long enjoyed a nearly absolute right to settle claims,...
April 28, 2021
Ninth Circuit Joins California Court of Appeal in Rejecting FAAAA Preemption of AB 5 as Applied to Motor Carriers
The Ninth Circuit Court of Appeals held today that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt application of California’s Assembly Bill 5 (“AB 5”), codified as amended...
On April 16, 2021, Governor Gavin Newsom signed SB 93 into law. The bill requires employers in specified hospitality and business services-related industries to offer to rehire certain workers who were laid off during the...
Clark v. Superior Court., No. D077711, 2021 WL 1050057 (Cal. Ct. App. Mar. 19, 2021) Summary: Employee exhausted her administrative remedies despite failing to identify her employer’s proper legal name in her DFEH...
The Supreme Court’s Facebook, Inc. v. Duguid decision finally settled the confusion over what equipment constitutes an automatic telephone dialing system (a robodialer) that can violate the Telephone Consumer Protection Act...
The Texas Supreme Court has accepted certified questions from the Fifth Circuit Court of Appeals to clarify Texas’s eight-corners rule for determining the existence of a duty to defend. In Bitco Gen. Ins. Corp. v. Monroe...
On March 19, 2021, Governor Gavin Newsom signed into law SB 95, thereby expanding California’s COVID supplemental paid sick leave provisions (“COVID leave”). California’s prior supplemental paid sick leave...
The Nevada Supreme Court held that insurers may seek reimbursement of defense costs if a court determines that it owed no duty to defend and the insurer reserved reimbursement rights. In Nautilus Insurance Company v. Access...
A recent case in the Northern District of California presents a reminder that hospital systems need to consider antitrust issues when negotiating multi-hospital contracts with health plans. Unfortunately, even when hospitals...
On March 11, 2021, President Biden signed H.R.1319 – American Rescue Plan Act of 2021 (“Rescue Plan”) into law—a $1.9 trillion stimulus bill. Here are five things every employer should know about the bill. 1....
The California Court of Appeal issued an important decision that may significantly impact how settlement opportunities are evaluated in catastrophic liability claims. In Pinto v. Farmers Ins. Exch., No. B295742, ___...