Insufficient evidence of employer’s retaliatory intent arising from employee’s allegation charging sexual harassment against supervisor

Posted by Steven Vartabedian on

“This case has a somewhat tortuous procedural history.” With this introductory comment, the California Court of Appeal, Second Appellate District, Division Four, clues the reader in on what lies ahead in its opinion of Joaquin v. City of Los Angeles (filed January 23, 2012) 2012 DJDAR 939. And the facts are as tortuous as the […]

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Hospital Has No Duty to Directly Report Results to Patient When Performing Testing Ordered by Doctor

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In Walker v. Sonora Regional Medical Center (filed January 12, 2012) 2012 DJDAR 553, Amber Walker engaged the services of her personal physician, Dr. Teel, for pregnancy care. Among the prenatal laboratory tests that Dr. Teel ordered was a cystic fibrosis screening test to detect her genetic predisposition of having a child with cystic fibrosis. […]

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Product liability limited to injury caused by defendant’s own product or loss directly caused by that product’s use

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The California Supreme Court is widely credited as the originator of strict product liability as a means of tort recovery for its pronouncement in Greenman v Yuba Power Products, Inc. (1963) 59 Cal.2d 57, 62: “A manufacturer is strictly liable in tort when an article he places into the market, knowing that it is to […]

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Employment discrimination lawsuit brought by “called” teacher barred by ministerial exception under 1st Amendment freedom of religion

Posted by Steven Vartabedian on

The Untied States Supreme Court has weighed in for the first time on the question of whether church ministers are exempt from the protection of employment discrimination statutes. In Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. (filed Jan.10 2012) 2012 DJDAR 374, it concludes the First Amendment’s Establishment and Free Exercise Clauses strike a […]

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Does the idiopathic cause of injury fail to “arise out of” employment thus not constitute compensable injury under Workers’ Compensation Law?

Posted by Steven Vartabedian on

The California Supreme Court currently has before it a petition for review in the case of Harris Ranch Inn & Restaurant v. WCAB (Orrala) (#S199077, filed December 30, 2011). This petition follows the denial of Petition for Writ of Review in the Court of Appeal, Fifth Appellate District on December 21, 2011. This case involves […]

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New Disclosure Requirements Mandated By The California Labor Code

Posted by Steven Vartabedian on

January 1st is often the date that employment laws enacted during the prior calendar year go into effect. While many new laws are widely publicized, others seem to slip by unnoticed until an employer is informed that it has violated some rule it never knew existed. Even worse, an employer’s obligations under certain laws are […]

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Plaintiff’s wrongful death verdict reversed on finding of no legal duty of care for gas eruption due to vehicle collision with defendant’s off-street gas meter assembly

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Tiffany Gonzalez was driving home from work at the posted speed of 25 MPH one late afternoon when another vehicle apparently attempted to pass her on the right of the single lane of traffic in her direction of travel. The intrusion caused her to veer into the opposite side of the undivided road and lose […]

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Teacher/director terminated at church’s preschool for violating church’s marital precepts is not protected by FEHA, Title VII or public policy

Posted by Steven Vartabedian on

In Henry v. Red Hill Evangelical Church of Tustin (filed December 9, 2011) 2011 DJDAR 17734, plaintiff was terminated from her employment with defendant because she and her boyfriend continued to live together and raise their child without being married. Her lawsuit asserted violations of the California Fair Employment and Housing Act [Govt. Code section […]

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