Does owner of business premises owe duty to protect family members of persons who work there from secondary exposure to asbestos incurred by worker on premises, but exposed to family members away from premises?

Posted by Steven Vartabedian on

In Haver v. BNSF Railway Co. (filed 6/3/14) B246527, Lynn Haver contracted mesothelioma and died as a result of secondary exposure to asbestos. Her former husband was exposed to products and equipment containing asbestos while working for defendant’s predecessor railway company in the 1970’s. Asbestos evidently adhered to his clothing, and then was transferred to […]

Continue to Article »

Must a wage-and-hour misclassification class action judgment be reversed because the trial court denied defendant employer the opportunity to impeach plaintiffs’ statistical model where the sampling belied consistency in class member work habits?

Posted by Steven Vartabedian on

In the much-awaited California Supreme Court opinion of Duran v. U.S. Bank National Association (filed 5/29/14) S200923, the state high court answered affirmatively, reversing the judgment. There, loan officers sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption, exempting from overtime pay entitlement employees who spend more […]

Continue to Article »

Is the trial court’s denial of new trial, reversible because appellant court finds court’s express statement of reasons for denial legally inconsistent, even though absent that statement the judgment would have been affirmed?

Posted by Steven Vartabedian on

One lesson I learned from 29 years on the bench was to take care not to say too much when making a ruling. This can be difficult, because conscientious people tend to explain the reasoning behind a conclusion reached. David v. Hernandez (filed 5/22/14) 2d Civil No. B245342 demonstrates the trouble with saying too much. […]

Continue to Article »

Employees Decline Available Family And Medical Leave At Their Own Risk – Court Ruling Requires Employee To Affirmatively Request

Posted by Jeffrey Davis on

It comes as no surprise that federal and state medical leave statutes authorize eligible employees to take time off to care for ailing family members.  Moreover, under both the federal Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) (collectively “family-medical leave”), employees are not required to expressly mention the FMLA […]

Continue to Article »

Does trial court lack authority to rule on enforceability of arbitration agreement where delegation of this authority to arbitrator was clear and not revocable?

Posted by Steven Vartabedian on

In Tiri v. Lucky Chances, Inc. (filed 5/15/14) A136675, Plaintiff Tiri had signed an arbitration agreement with defendant, her employer. Included in the agreement was a provision that the arbitrator, instead of the court, would determine all issues of enforceability of the agreement. Upon her termination, plaintiff sued for wrongful termination, and defendant filed a […]

Continue to Article »

Watching the River(island) Run…

Posted by Christopher Seymour on

Last year, we posted an article regarding the January 2013 California Supreme Court decision in Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn., 55 Cal. 4th 1169 (2013), in which the Court reversed almost 80 years of precedent by ruling that the parol evidence rule exception for fraud allowed use of extrinsic evidence of […]

Continue to Article »

Watching The River(island) Run…

Posted by Dowling Aaron on

Last year, we posted an article regarding the January 2013 California Supreme Court decision in Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Assn., 55 Cal. 4th 1169 (2013), in which the Court reversed almost 80 years of precedent by ruling that the parol evidence rule exception for fraud allowed use of extrinsic evidence of […]

Continue to Article »

Is NBC entitled to a peremptory grant of mandate directing summary judgment where television program aired more than two years prior to filing of purported creators’ complaint for breach of implied contract?

Posted by Steven Vartabedian on

Whenever I lecture on writ practice, the question inevitably arises whether the appellate courts ever grant writ relief compelling the grant of a summary judgment motion denied in the trial court. My answer: rarely, mostly because, if the moving party is correct, it will prevail at trial; and, if it doesn’t, it still has the […]

Continue to Article »

Does order for a medical reevaluation of an employee after she has returned to work following Family Medical Leave Act leave violate her FMLA rights?

Posted by Steven Vartabedian on

In White v. County of Los Angeles (filed 4/15/14) 2014 DJDAR 4726, White took FMLA leave from her position of district attorney’s office investigator as a result of emotional/medication difficulties she experienced. Her psychiatrist certified her condition, which was expected to hospitalize her for 2 weeks, followed by 2 weeks of outpatient care plus possibly […]

Continue to Article »

May deficiency in special verdict on essential elements required to establish liability be satisfied by trial judge inference and the finding affirmed on appeal as harmless error?

Posted by Steven Vartabedian on

In what it described as a “first impression case,” the Court of Appeal, Second District, Division Six, affirmed the trial court’s inferring necessary findings from a defective special verdict because the defect constituted “harmless error.” The very first sentence of the court’s opinion in Taylor v. Nabors Drilling USA, LP (filed 1/13/14) B241914 gives this […]

Continue to Article »