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
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
33. Meal & Rest Breaks; Replacement Class Representative; Classification Exemptions; Objection to Class Settlements
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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