News & Analysis as of

Appellate Courts CA Supreme Court

Seyfarth Shaw LLP

PAGA Paraphrased – Stone v. Alameda Health System

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Seyfarth Synopsis: The California Supreme Court held that PAGA does not apply to public entity employers....more

Proskauer - California Employment Law

Trial Court May Not Dismiss PAGA Claims On Manageability Grounds

Estrada v. Royalty Carpet Mills, Inc., 15 Cal. 5th 582 (2024) - The California Supreme Court affirmed an appellate court judgment that “trial courts lack inherent authority to strike PAGA claims on manageability...more

Proskauer - California Employment Law

What Appellate Courts Are Missing About PAGA Standing After Viking River Cruises

The California Supreme Court has scheduled oral argument for May 9, 2023 in Adolph v. Uber Technologies, Inc., a closely watched case that concerns whether a Private Attorneys General Act (PAGA) plaintiff loses standing to...more

Allen Matkins

Sustainable Development and Land Use Update - 4.24.23

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A federal appeals court on Monday overturned Berkeley’s first-in-the-nation ban on natural gas in new construction, agreeing with restaurant owners who argued the city bypassed federal energy regulations when it approved the...more

Fox Rothschild LLP

Representative PAGA Claims Survive Arbitration Agreements—California Rejects U.S. Supreme Court’s Viking River Holding

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The California Court of Appeal dealt another blow to California employers—employees who’s individual PAGA claims are compelled to arbitration now maintain standing to bring their representative PAGA claims in court....more

Buchalter

A Coda to the Covid Pandemic: Do Local and State Closure Laws Provide Cover for Tenant Nonpayment of Rent?

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In what may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California court of appeal panel in San Diego has taken a narrow view on...more

Amundsen Davis LLC

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

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In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,...more

McDermott Will & Emery

California Employers Must Pay Meal & Rest Break Premiums at a Higher Rate

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On July 15, 2021, the Supreme Court of California issued a long-awaited decision in Ferra v. Loews Hollywood Hotel, LLC. The Court reversed the trial and appellate court holdings and concluded that California employers must...more

ArentFox Schiff

California Appellate Court Decisions Impact Wage and Hour Actions

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Two recent California appellate decisions will impact wage and hour class actions and representative actions. Donohue v. AMN Services, LLC - California law requires that employers “must generally provide employees with...more

Jackson Lewis P.C.

Private Attorneys General Act Round-Up For 2020

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2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims. The California courts focused on two...more

Perkins Coie

CEQA Year in Review 2020

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A Summary of Published Appellate Opinions Involving the California Environmental Quality Act - Despite relatively few published opinions this year, there were significant appellate court rulings on a range of topics,...more

McDermott Will & Emery

Lawyers and Judges Battle over COVID-19

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Requests for COVID-19-related trial delays can lead to strife between lawyers and judges—and crazy things can happen. We see this most recently in San Bernadino, California, where a civil jury trial has been interrupted in...more

Best Best & Krieger LLP

City Officials Must Be Neutral & Unbiased

PublicCEO Article Examines California Precedent-Setting Bias Tainting Decision - City councilmembers are policymakers. They are the voice of their constituents. Occasionally, this role shifts to mirror that of a judge...more

Nossaman LLP

California Supreme Court Determines That Legal Issues Motions Cannot Be Made in Inverse Condemnation Actions

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It is Christmas in July for eminent domain practitioners! We have a California Supreme Court opinion on a condemnation case, which is rare. The case, Weiss v. People ex rel. Department of Transportation (2020 Cal. LEXIS...more

Rivkin Radler LLP

Insurance Update-July 2020

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We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business...more

ArentFox Schiff

California Employers Must Promptly Seek Arbitration of Labor Commissioner Claims in Court

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When California employers have arbitration agreements with employees, those agreements may encompass a dispute concerning wages. If an employee sues for wages, the employer can petition the court to compel arbitration based...more

Foley & Lardner LLP

California’s Ascertainability Requirement Following Noel v. Thrifty Payless, Inc.

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On May 29, 2020, the Fifth Appellate District of the California Court of Appeal issued an unpublished opinion discussing the state court ascertainability requirement for class certification in Manmohan Dhillon v....more

ArentFox Schiff

California: No Right to Jury in Unfair Competition, False Advertising Cases

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Confirming decades of established precedent, the California Supreme Court recently concluded in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County, that there is no right to a jury trial in Unfair...more

McManis Faulkner

Is California’s McGill Rule Still Good Law?

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On June 28, 2019, the Ninth Circuit held in three separate cases that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s holding in McGill v. Citibank, N.A., 2 Cal.5th 945 (2017) — otherwise...more

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