Tag Archives: Appellate Decisions
Action Based on 7-Eleven’s Payroll System Fails, Court of Appeal Rules
In Aleksick v. 7-Eleven, Plaintiff Aleksick represented a class claiming that 7-Eleven’s payroll system violated California Business and Professional Code 17200. The complaint alleged that 7-Eleven’s method of converting partial hour worked from minut…
NRLB Takes Aim At 24 Hour Fitness Over Employee Arbitration Opt-Out Policy
As reported in The Recorder, (subscription required) the National Labor Relations Board has filed a formal complaint against 24 Hour Fitness, alleging the gym company’s arbitration opt-out policy compels employees to waive their rights to utilize the c…
No Attorney Fees Can Be Awarded for Non-Payment of Rest Breaks, California Supreme Court Rules
In Kirby v. Immoos Fire Protection, Inc., the California Supreme Court held that neither California Labor Code section 1194 nor section 218.5 authorize the payment of attorney fees in an action seeking recovery for denial of required rest breaks under …
California Supreme Court Refines the Scope of Considering "the Merits" of the Case in Class Certification Motions
by Larry M. Golub and Sandra I. Weishart
On April 12, 2012, the California Supreme Court issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court. Plaintiffs had sought to certify three subclasses of California restaurant emp…
California Court of Appeal Issues Two Rulings on Bail Bonds
During the past two weeks, the California Court of Appeal for the Fifth Appellate District handed down two decisions on the forfeiture of bail bonds.
On March 21, 2012, the court in People v. International Fidelity Insurance Company directed the trial …
Ninth Circuit Holds Federal Arbitration Act Preempts California Law Prohibiting Arbitration of Claims for Broad Public Injunctive Relief
On March 7, 2012, the Ninth Circuit Court of Appeals issued an opinion that significantly limits the power of California, and other states, to restrict the enforcement of arbitration agreements and class action waiver clauses.
In Kilgore, et al. v. Key…
California Court of Appeal Extends Howell v. Hamilton Meats Rule to Limit Injured Person’s Medical Expenses to Discounted Amounts Paid Under Workers’ Compensation
Last year, the California Supreme Court held in Howell v. Hamilton Meats & Provisions, Inc. that an injured plaintiff whose medical expenses were paid through private health insurance could not recover as economic damages against a tortfeasor any m…
Ninth Circuit Strikes Down California "Armenian Genocide" Insurance Claims Statute
By John C. Holmes and Richard B. Hopkins
In an 11-0 en banc published decision, the Ninth Circuit Court of Appeals struck down California Code of Civil Procedure section 354.4 which purported to recognize the Armenian Genocide.
Section 354.4 reviv…
California Supreme Court Rules that Court of Appeal Used Incorrect Legal Analysis in Deciding that Claims Adjusters Are Not Exempt from Overtime Pay Requirement
By Sam Sorich and Larry Golub
In a unanimous opinion handed down on December 29, 2011, the California Supreme Court ruled in Harris v. Superior Court that the Court of Appeal used an erroneous analysis when it decided that claims adjusters are not exem…
Are Insurance Adjusters Eligible for Overtime Pay to be Decided by California Supreme Court
On October 3, 2011, the California Supreme Court heard argument in Francis Harris et al v. Superior Court, Case No. S156555. The issue here is whether insurance adjusters should be eligible for overtime pay under California’s wage and hour laws.&…
