Judge resolves long-standing Hmong New Year dispute

Posted by Daniel O. Jamison on

Fresno is home to the nation’s second largest population of Hmong immigrants and their children. Since 1999 the Hmong International New Year Foundation, Inc. has hosted an annual New Year celebration at the Fresno Fairgrounds that has attracted tens of thousands from throughout the world. For the past four years, with the help of Dowling […]

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Is medical expert opinion that minimal exposure to asbestos constituted a substantial factor contributing to the risk of developing mesothelioma in one who contracted the disease admissible?

Posted by Steven Vartabedian on

In Davis v. Honeywell International Inc. (filed 3/3/16, B256793), the admissibility of evidence going to the  burden on a plaintiff in an asbestos-related cancer case to prove legal cause, as was addressed by the California Supreme Court in Rutherford v. Owen-Illinois, Inc.(1997) 16 Ca.4th 953, is clarified in light of the trial court’s “gatekeeper” role […]

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Can an employee who reports crime personal to her in the work place but neither against employer nor concerning employment operation be afforded “whistleblower” protection?

Posted by Steven Vartabedian on

Commonly referred to as a “whistle blower” statute, Labor Code Section 1102.5 (b) provides in part that an employer “shall not retaliate against an employee for disclosing information . . . to a government or law enforcement agency . . . if the employee has reasonable cause to believe that the information discloses a violation […]

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Does a public university owe a duty of care to protect students from assaultive behavior of a student known to the university to have threatened assaulting others?

Posted by Steven Vartabedian on

Educational institutions have unfortunately become the location of assaults on innocent bystanders by individuals with hateful agendas.  When some of the most horrific acts have been committed, members of the public often have asked, “Were there any warning signals that could have been acted upon to avoid this tragedy?” The Regents of the University of […]

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Do anxiety and stress relative to employee’s interaction with supervisor causing an inability to work under that supervisor constitute a disability recognized by FEHA?

Posted by Steven Vartabedian on

In Higgins-Williams v. Sutter Medical Foundation (filed 5/26/2015) C073677, plaintiff worked as an assistant in patient intake at one of defendant’s clinics.  Her immediate supervisor was Debbie Prince, who reported to regional manager Norma Perry.  After about 3 years on the job, plaintiff reported to her treating physician she was suffering stress because of interactions […]

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Warning: persons engaged in malicious cyber-enabled activities may be added to the specially designated nationals list

Posted by Daniel O. Jamison on

Healthcare providers have long been aware that there can be severe penalties for submitting claims to a federal healthcare payment program where the services were provided by a person excluded from participation in the program.   Eligibility of personnel to participate in such programs is determined through background checks, with appropriate updating, that include checking the […]

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New California Agency Disclosure Requirements for Commercial Agents and Brokers

Posted by Dowling Aaron on

As of January 1, 2015, commercial real estate agents and brokers in California are required to comply with a more strict set of agency disclosure requirements. The effect of which imposes stringent agency disclosure requirements on commercial brokers (formerly applicable only to residential brokers) in connection with the sale (or lease exceeding one year) of […]

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Must the harassment to which an employee is subjected be severe or pervasive before an employer can be liable for failure to prevent harassment under FEHA?

Posted by Steven Vartabedian on

Dickson v. Burke Williams, Inc.(filed 3/6/15) B253154 is a case in which the jury awarded plaintiff employee $35,000 in compensatory damages, plus $250,000 in punitive damages, based on its finding that defendant employer failed to take reasonable steps to prevent sexual harassment by the massage therapy company’s customers. However, while the jury made a special […]

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Does injured exerciser, who signed release of liability, present triable issue of gross negligence for health club’s inaction on various machine clip problem raised earlier?

Posted by Steven Vartabedian on

In Grebing v. 24 Hour Fitness (pub. ordered 2/19/15) B255866, plaintiff was injured on a low row machine when the clip connecting a handlebar to a cable/pulley assembly attached to weights failed. Plaintiff had read a warning on the machine advising users to be sure the safety clip was in working order prior to use. Additionally […]

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