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In Garcia v. Awerbach, 136 Nev. Adv. Op. 27 (May 21, 2020), the Supreme Court of Nevada reinstated a severe discovery sanction against a defendant who withheld a critical insurance claims note. In doing so, the Supreme Court...
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On April 29, 2020, the City of Los Angeles adopted the COVID-19 Right of Recall Ordinance and COVID-19 Worker Retention Ordinance. On May 3, 2020 Mayor Eric Garcetti approved the ordinances. Both ordinances go into effect on...
UPDATED 7/22/2020: The California Department of Industrial Relations has put out “Questions and Answers on Executive Order N-62-20,” which provides guidance and clarification on this issue, mainly directed at employees....
Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...
Today, President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“PPP/HCEA”) into law. This legislation infuses approximately $300 billion into the recently depleted Paycheck...
April 23, 2020
Supreme Court Strikes Down “Willfulness” Requirement for an Award of Ill-Gotten Profits in Trademark
On April 23, 2020, the United States Supreme Court ruled that a party whose trademark has been infringed is not required to prove a “willful” violation to obtain an award of defendant’s ill-gotten profits. This...
Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020) Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...
April 8, 2020
Mayor Garcetti Signs Emergency Orders Increasing Worker Protections and Mandating Supplemental Paid Sick Leave
On April 7, 2020, Mayor Garcetti signed three employment-related COVID-19 Emergency Orders. Emergency Order: Supplemental Paid Sick Leave Due to COVID 1. Required Employers: An Employer with more than 500 employees within...
April 7, 2020
California Supreme Court Rejects Insurers’ Bid for Horizontal Exhaustion Rule in New Montrose Decision
In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that...
UPDATED- April 1, 2020 The Department of Labor (“DOL”) has released guidance addressing two key questions under the Families First Coronavirus Response Act (“the Act” or “the FFCRA”): whether employees who have...
The federal government has enacted extensive COVID-related legislation but left open the question of what industries, and which workers in those industries, are deemed “essential” during the pandemic. So far those...
The Department of Labor (“DOL”) has the authority to exempt small businesses from providing paid leave benefits under the Families First Coronavirus Response Act if it “would jeopardize the viability of the business as...