After two years of the Covid-19 pandemic, things are looking optimistic in California. Covid case numbers and hospitalizations are declining and mask requirements are loosening. For many, myself included, this is great news and a much needed “return to normal.” At the same time, however, the pandemic brought some changes to our lives that we
Can A COVID-19 Infection Lead To Third Party Liability For Employers?
Non-employees may be able to sue employers for COVID-19 infections that can be traced to the employer’s workplace. A recent California Court of Appeal decision may pave the way for third parties to collect compensation from employers due to COVID-19 infections.
A California Court of Appeal recently allowed a cause of action brought by an
Summary Judgment Will Be More Difficult For Employers in Whistleblower Cases After California Supreme Court Ruling
On January 27, 2022, the California Supreme Court unanimously decided that the McDonnell Douglas burden-shifting analysis that is widely used to determine whether an employment discrimination or retaliation case should be dismissed before trial does not apply to whistleblower retaliation claims brought under California Labor Code section 1102.5. As a result, employers will face a
Litigating During a Pandemic
This article was originally published in October 2020. The information has been reviewed and is up-to-date as of November 2021. Though the state of California is now opening up increasingly due to improving pandemic numbers, the details included in this blog continue to serve as helpful tips during this time.
I moved to Los Angeles
Appellate Law – The Final Judgment Rule and its Exceptions
This article was reviewed March 2021 and is up-to-date.
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final Judgment
California Court of Appeal Clarifies Standard by Which a Public Agency’s At-Large Voting System Will Be Deemed to Violate the California Voting Rights Act, Having the Potential to Significantly Impact California Voting Rights Litigation
Last month, the Court of Appeal for the Second Appellate District of California issued a decision in Pico Neighborhood Association, et al v. City of Santa Monica (Jul. 9, 2020, No. B295935) __ Cal.App.3d __ [2020 WL 3866741] (“Pico”), finding that the City of Santa Monica’s at-large voting system did not violate the
Court — and Legislature — Limit Employer Use of “Offer of Compromise” in FEHA Litigation
This post was authored by Jeffrey C. Freedman.
What happens when two totally valid legislative goals—that happen to contradict each other—collide? Like the title of the 2003 film with Diane Keaton and Jack Nicholson, “Something’s Gotta Give!” In Huerta v. Kava Holdings, Inc., decided this past November 14, the collision was between a Code
Real Strange Employment Cases About Real People
This post was authored by Stefanie K. Vaudreuil.
In this fifth annual installment of a look at some unbelievable, strange and wacky employment litigation, there remains no shortage of cases that will make you believe your human resources issues aren’t so bad after all.
The Thing That Happened on the Way to Jurassic Park
Appellate Law – The Final Judgment Rule and its Exceptions
This post was reviewed in September 2019 and is up-to-date.
Many times, parties to a lawsuit receive trial court rulings in the midst of the litigation that are unfavorable, oppressive, and seem to them to be demonstrably wrong. The parties want to appeal immediately, but their counsel will say that cannot happen, citing the “Final
Supreme Court Agrees to Look Again at Mandatory Agency Shop Fees
This post was authored by Amit Katzir
Last month, the U.S. Supreme Court agreed to review Janus v. AFSCME, a case out of Illinois challenging the constitutionality of mandatory agency shop fees for public employees. Illinois, like California, is one of several states where agency shop arrangements are authorized in the public sector.
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