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.
BONUS CONTENT: Interview with Andy Speilberger at the 2019 CAOC Convention in San Francisco
26. Attorney Referral Services; Release of Liability in Self-Storage Facilities; Motion for Reconsideration Re Choice of Law; Joint Employer Doctrine
25. Design Immunity; The Consumer Legal Remedies Act (CLRA) and Who Qualifies as a Consumer; Standing to Appeal a Judgment in a Class Action; Attorney Fees & the Cost of Litigation
24. CIGA and the Impact on Medicare Payments; Federal Torts Claims Act (FTCA); Indemnification of Additional Insurers; Legislative Difference Between “Rate of Compensation” and “Rate of Pay”
BONUS CONTENT: Interview with Taylor Rayfield at the 2019 CAALA Convention in Las Vegas
23. Legal Malpractice Cases; The Joint Employer Doctrine; The Future of Dynamex and the Gig Economy
BONUS CONTENT: Interview with Michael Childress at the 2019 CAALA Convention in Las Vegas
22. Lawyers Trying to Fend Off Bad Reviews; Narrowing of the Joint Employer Doctrine; Challenges in Certifying a Class
21. A Dramatic Reading of Steinbeck; An Evangelist Grandmother’s Relationship with Her Granddaughter; Compelling Arbitration and Judicial Reference; Honolulu Discount; The Five-Year Trial Rule
BONUS CONTENT: Interview with Jake Courtney at the 2019 CAALA Convention in Las Vegas
20. Procedural & Substantive Unconscionability of Arbitration Agreements; California Homeowners Bill of Rights; Class Action “Fairness” Act; Reversing Award of Attorney fees; Litigation Privilege
BONUS CONTENT: Interview with Holly Boyer at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Geoff Wells at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Elise Sanguinetti at the 2019 CAALA Convention in Las Vegas
19. Armenian Genocide Insurance Litigation: Bad Faith Lawsuits Brought In The Wake Of The First Genocide of the 20th Century
BONUS CONTENT: Interview with James DeSimone at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Christine Spagnoli at the 2019 CAALA Convention in Las Vegas
18. More Bad Decisions Regarding Arbitration
BONUS CONTENT: Interview with Genie Harrison at the 2019 CAALA Convention in Las Vegas
BONUS CONTENT: Interview with Robert Simon at the 2019 CAALA Convention in Las Vegas
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