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
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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