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(Update 2/23/2023: The Ninth Circuit has held that AB 51, California’s attempt to ban mandatory arbitration agreements, preempted by the Federal Arbitration Act, and is therefore unenforceable. Arbitration agreements...
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In a decision employers across California have been waiting for since December (see our initial article on this issue), the United States Supreme Court held this morning in Viking River Cruises, Inc. v. Moriana, that the...
Naranjo v. Spectrum Security Services. Inc., No. S258966, 2022 WL 1613499 (Cal. May 23, 2022) Summary: Unpaid meal- and rest-break premiums may serve as the basis for waiting-time penalties and inaccurate wage statement...
May 24, 2022
California Appellate Court Rules That Mistakenly Grading the Wrong Land Is Not an Accident
In a decision that further muddies the already murky waters of “occurrence” jurisprudence, the California Court of Appeal has ruled that a general liability policy does not cover a homeowner who mistakenly grades the...
May 24, 2022
Virginia Federal Court Reaffirms Construction Defect Claims Not Covered by CGL Policies
Third-party claims seeking damages for faulty workmanship that results in property damage are covered under general liability policies in most jurisdictions. Virginia is not one of them. A federal district court recently...
On May 23, 2022, the California Supreme Court issued a long-awaited decision in Naranjo v. Spectrum Security Services, Inc., holding unpaid meal and rest break premiums can give rise to derivative claims for waiting time...
Hill v. Walmart Inc., No. 21-15180, 2022 WL 1218776 (9th Cir. Apr. 26, 2022) Summary: Good-faith dispute about employment status of freelancer who modeled in sporadic one- or two-day increments precluded imposition of...
The California Court of Appeal recently provided much needed clarification regarding the application of Proposition 65, which prohibits businesses from knowingly and intentionally exposing individuals to certain chemicals...
Update 5/7/22: The third revised ETS went into effect as expected on May 6, 2022. The final language is available on the Cal/OSHA Website. On May 7, 2022, Cal/OSHA also updated and published a new set of Frequently...
April 22, 2022
Hospitals’ Potential Liability for Failing to Disclose Emergency Room Facility Fees Explored by California Court of Appeal
California hospitals should be aware of a new California Court of Appeal decision that explores whether hospitals can be held liable for failing to disclose their emergency room fees to patients prior to evaluating/treating...
DePuy Synthes Sales Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022) Summary: Motion to transfer venue was properly denied where forum-selection clause in employment agreement was void under California Labor...
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code section...