Tag Archives: Case Updates
Action Against Workers’ Comp Claims Administrator Not Covered by Insurer’s Arbitration Provision, Court of Appeal Rules
by Gail E. Cohen
In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its workers&rsqu…
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 …
FINRA and Charles Schwab Battle over Class Action Waiver Clauses
Last October, Charles Schwab & Company ("Schwab") began inserting into its customer Account Agreements a class action waiver clause.
Schwab’s Account Agreements require arbitration of any dispute arising out of a customer’s use of Schwab’…
"Dismemberment by Severance" v. Loss of Use: A Smorgasbord of Interesting Disability Cases
Fier v. Unum Life Ins. Co. of America, 629 F.3d 1095 (9th Cir. 2011)
Facts and holding: In 1992, Robert Fier (“Fier”) was shot in the neck and rendered permanently quadriplegic. He filed a claim for benefits with Unum Life Insurance C…
Burden of Proof: The "What Changed?" Argument from "A Smorgasbord of Interesting Disability Cases"
Muniz v. Amec Construction Mgmt., 623 F.3d 1290 (9th Cir. 2010)
Facts and holding: Due to his HIV diagnosis, in 1992, Dierro Muniz (“Muniz”) began receiving long term disability benefits under his ERISA-governed long-term disability i…
Health Insurance Rescission Case Upheld by California Appellate Court
On Wednesday, December 28, 2011, the First District Court of Appeal affirmed the trial court’s granting of summary judgment in Hagan v. California Physicians’ Service dba Blue Shield of California, et al, Case No. A130809 (unpublished), a hea…
