Civil Action with Brian & Shant
Government
While the Court of Appeal issues opinions that continue to jeopardize PAGA, corporate lobbyists have drafted a proposed ballot initiative that would kill PAGA entirely.
Brian and Shant address a recent court ruling as well as proposed legislation that may significantly weaken or even eliminate the use of the Private Attorneys General Act (PAGA) in California. In September, the Second District Court of Appeal, in the case of Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, held that trial courts had the right to determine whether a PAGA case is manageable and that a defendant’s right to present an affirmative defense must be taken into account. Brian and Shant discuss the common tactic defense attorneys take to make a PAGA case as unmanageable as possible by presenting an affirmative defense to each individual employee present in a PAGA claim, which means asking the court to hear from hundreds or even thousands of employees in a case—rendering a case unmanageable.
Next, Brian and Shant discuss a recent “request for title and summary filing” (a pre-requisite for a ballot initiative) with the State’s Attorney General of a bill that would effectively eliminate PAGA. It would not preclude workers from acting on behalf of other aggrieved workers who have faced workplace violations, but it would also preclude lawyers from representing aggrieved workers under the PAGA statute. Instead, workers would be expected to file their own individual claims without the assistance of legal representation or to wait for the state itself to take on their case.
If you have any questions about PAGA cases or have any other interesting cases or questions you would like to please reach out to us.
Brian Kabatek: bsk@kbklawyers.com
Shant Karnikian: sk@kbklawyers.com
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Episode 75: Tort Reform, Ron DeSantis, Remote Appearance, and AI
Episode 74: Starting Your Own Firm with Alexandra Steele Cooper.
Episode 73: Dr. Sohee Jun on Women and Imposter Syndrome in the Law
Episode 72: Court Reporter Crisis and Disney v. DeSantis
Episode 71: Working with Victims of Sexual Abuse
Episode 70: Annie Martin-McDonough Talks the Tort of Seduction
Episode 69: Gender Bias: A Conversation with Anastasia Mazzella and Marina Pacheco
Episode 68: Figuring Out Insurance Policy Limits In Your PI Case with Stephanie Charlin.
Episode 67: Can you pop the Lid On a UM/UIM Policy?
Episode 66: Sexual Abuse Case Filing Process for Statute 340.1
Episode 65: Why Corporate America Wants a Conservative Supreme Court.
Episode 64: PAGA - What just happened here?
63: Harry Plotkin Shares His Thoughts On the Significance of Proper Jury Selection to Win Cases.
62: The Future of Law School: A Conversation With Michael Waterstone, Dean of Loyola Law School, Los Angeles.
61: What a PI Lawyer Needs To Know About Family Law. A conversation with Ron Brot.
59: Popping the Policy – Developments in Insurance Bad Faith Law
58. Civil Procedure Cases Pt. 4
57. Insurance Cases Pt. 2
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