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The California Supreme Court has confirmed that the attorneys’ fees an insured is compelled to incur due to a carrier’s bad faith (its “Brandt fees”) are compensatory damages to be considered when...
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August 16, 2017
Ninth Circuit asks Nevada High Court Whether Non-Defending Insurer Must Pay Default Judgment Caused by Breach
The Ninth Circuit has certified to the Nevada Supreme Court the question of whether an insurer is liable for consequential damages caused by its breach of the duty to defend, including default judgments exceeding policy...
A California Court of Appeal has confirmed that primary insurers may not hide behind “other insurance” clauses to refuse to provide coverage. Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co., Cal....
In an opinion that can have a significant impact on insureds’ ability to settle claims, the Colorado Supreme Court ruled that policyholders will lose coverage if they strike a deal without their insurer’s consent....
July 30, 2017
Too much information? Think your e-mails and phone calls at work are private? Think again.
Employees often feel they have more rights to privacy at work than they actually do, according to an August 3rd article in the Miami Herald. As long as employees are made aware of company privacy policies, employers in most...
With the popularity of online networking websites such as Facebook, MySpace, and LinkedIn, more and more hiring managers are turning to the web to find and interview references for prospective employees. As an August 18th...
California class actions against employers for break time violations will be harder to file and more difficult to prove, according to an August 18th article published by Law360. In two recent cases against Brinker...
On May 23, 2013, the California Court of Appeal affirmed a jury verdict awarding damages to a former Safeway assistant store manager. The Court found that a manager who performed various nonexempt tasks while simultaneously...
July 30, 2017
The Law of Alternative Work Arrangements: Furloughs, Reduced Work Weeks & Flexible Work Arrangements
Layoffs are not the only option for corporations facing the need to cut costs. Alternatives include mandatory furloughs, reduced work weeks and flexible work arrangements; however, employers must implement these strategies...
Are female attorneys at a greater risk for being laid off during a recession? That is a question explored by Anna Collins in her February 24, 2009 column on TheGlassHammer.com. Some experts say that there is no...
On January 1, 2015, companies that use labor contractors to supply workers will share legal responsibility for paying their wages and providing worker’s compensation coverage. Under Assembly Bill 1897, recently signed...
A recent federal case illustrates increasing expectations of courts in civil discovery of electronically stored information (ESI). In Small v. University Medical Center of Southern Nevada, No. 2:13-cv-00298-APG, 2014 WL...