Civil Action with Brian & Shant
Government
Cacho v. Eurostar
Defendant had facially non-compliant meal & rest break policies. The court concluded that the class cannot be certified because Plaintiff did not sufficiently illustrate a uniform policy of missed meal breaks. Individual questions predominated as to whether the plaintiff missed rest and meal breaks.
In Re Williams Sonoma
A Kentucky resident brought a consumer class action against Williams Sonoma. However, Kentucky does not provide a legal platform for consumer class actions. Trial court allowed Plaintiff’s Counsel to conduct discovery to identify a California resident to serve as class representative. Defendants took a writ which the 9th Circuit Court of Appeal granted. Court of appeal held that pre-certification discovery of the identity of class members is not permitted here, given Defendant’s privacy interests. As a result, without discovery to identify who the class representative might be, the case stalls.
Safeway Wage & Hour Cases
An appeal from a rare jury trial of a class action case regarding misclassification of assistant managers who were listed as exempt presumptively as a ploy to avoid protections from wage and hour guidelines. Jury found in favor of employer, and found that assistant managers were correctly classified as exempt. On appeal, Plaintiff argued that the Court gave improper instruction to the jury. Court of Appeal clarifies the rules regarding exempt work, but ultimately affirms the verdict.
Murphy v. SFBSC Management
The Ninth Circuit reversed the district court's approval of a settlement notice process and a class action settlement, negotiated without a certified class, in a case arising out of a dispute under federal and California labor law regarding whether exotic dancers working at various nightclubs in San Francisco were misclassified as independent contractors rather than being treated as employees.
37. Civil Procedure – Personal Jurisdiction and Choice of Law; Childhood Sexual Abuse Statute of Limitations; Appealing a Statement of Decision; Relief Under 473b and its Limitations
36. Defense Perspective from Dana Fox and Eddie Ward of Lewis Brisbois
35. COVID-19 Business Interruption Claims
34. Tort Cases – Substantial Factor Test; Primary Assumption of Risk Doctrine; Going and Coming Rule and An Exception; Immunity for Police Officers Engaged in a High-Speed Pursuit
BONUS CONTENT: Interview with Niall McCarthy at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Minh Nguyen at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Greg Bentley at the 2019 CAOC Convention in San Francisco
32. The Perils of Litigation Funding
BONUS CONTENT: Interview with Craig Peters at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Ray Boucher at the 2019 CAOC Convention in San Francisco
31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer Doctrine
30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive Damages
BONUS CONTENT: Interview with Steve Vartarzarian at the 2019 CAOC Convention in San Francisco
29. Attorney Fees in a Class Action; Waiver of a Jury Trial in an Agreement; Service on Government Entities; Interest Rates, Usury Laws, Referendums & How they Interact
BONUS CONTENT: Interview with Bill Shapiro at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Casey Johnson at the 2019 CAOC Convention in San Francisco
28. Involuntary Releases in Class Actions; The Death Knell Doctrine; Phelps Factors; Assembly Bill 9
BONUS CONTENT: Interview with Mary Alexander at the 2019 CAOC Convention in San Francisco
27. Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive Unconscionability
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