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...
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March 11, 2022
Texas Federal Court Rejects Challenge to Additional-Insured Coverage Based on Anti-Indemnity Statute
In another policyholder-friendly decision, a Texas federal court denied an insurer’s attempt to rely on an anti-indemnity statute to avoid a duty to defend an additional insured. Knife River Corporation – South, v....
Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue...
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The act passed both houses of the legislature with broad bipartisan support. The act, which...
The last two years have been nothing short of crazy. COVID has upended everything, and it’s unlikely get back to “normal” (whatever that is…) any time soon. So how are law firm leaders thinking about what’s...
February 22, 2022
Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies
The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general...
For decades, an insurer’s duty to defend under Texas law was determined exclusively by reviewing the insurance contract and the allegations of the complaint under the “eight-corners rule.” All of this changed last week...
UPDATE: On Sept. 29, 2022, Governor Newsom signed AB 152 into law, immediately extending from Sept. 30, 2022 through Dec. 31, 2022, California’s COVID-19 Supplemental Paid Sick Leave requirement for employers with...
January 28, 2022
California Supreme Court Clarifies Burdens of Proof Applicable to Whistleblower Claims
In response to a certified question posed by the United States Court of Appeal for the Ninth Circuit, the California Supreme Court on Jan. 27, 2022, resolved a years-long split among California courts by confirming that an...
Update 1/19/22: After the initial posting of this article on January 14, 2022, Cal/OSHA released additional FAQs and an Isolation/Quarantine chart, which included a change to quarantine requirements after an exposure to...
Gunther v. Alaska Airlines, Inc., 72 Cal. App. 5th 334 (2021) Summary: Heightened civil penalties under Labor Code section 226.3 ($250 & $1,000) do not apply to all violations of section 226, only when the employer...
On Dec. 15, the United States Supreme Court agreed to take up what promises to be the most consequential PAGA case in nearly a decade. In Viking River Cruises, Inc. v. Moriana, No. 20-1573, the Court will decide whether...