PAGA Manageability Requirement: A Split of Authority in California
4/15/22
By: Adam G. Khan
On March 23, 2022, the California Court of Appeal based in Orange County held in Estrada v. Royalty Carpet Mills, Inc., 2022 Cal. App. LEXIS 237 a trial court “cannot dismiss a PAGA claim based …
New Bridge Projects Raise New Opportunities and Risk Considerations
4/14/22
By: Eric Asquith
It made national news when the Fern Hollow bridge collapsed in Pittsburg, PA on January 28, 2022. Vehicles and a transit bus were on the bridge at the time of the collapse – 10 people were injured. …
Georgia legislature passes amendment to O.C.G.A. § 51-12-33 impacting apportionment of fault against non-parties in single defendant cases
4/14/22
By: Tyler Connor
In August of 2021, the Supreme Court of Georgia issued its controversial decision in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, 312 Ga. 350, 862 S.E.2d 295 (2021). The Court ruled that under O.C.G.A. …
California court holds that board diversity law violates equal protection
4/13/22
By: John Rubiner
On September 30, 2020, California Governor Gavin Newsom signed into a law a bill (SB 979) that required publicly held companies headquartered in California to include board members from underrepresented communities. The law further required that, by …
Kentucky’s Supreme Court examines the punitive damage “multiplier” in a case of first impression
4/12/22
By: Curt Graham
In cases involving punitive damages, courts often look to the ratio between punitive damages and compensatory damages when evaluating the constitutionality of the punitive damage award. This ratio is called the punitive damage “multiplier.” In a case …
Supreme Court clarifies “favorable termination” requirement for malicious prosecution claims
4/12/22
By: Steven L. Grunberg
On April 4, 2022, the United States Supreme Court made it easier to bring a § 1983 claim for malicious prosecution by defining “favorable termination” to mean that the plaintiff’s underlying criminal prosecution ended without a …
Red flag: Ninth Circuit affirms summary judgment against football-related wrongful death claims
4/11/22
By: Sharlynne M. Mate
In Archie v. Pop Warner, No. 20-55081; CD CA 2:16-cv-06603, the Ninth Circuit panel unanimously affirmed summary judgment against chronic traumatic encephalopathy wrongful death claims by the estates of two former youth football players. The players …
Ohio Appellate Court reviews standard for claiming peer review privilege
4/6/22
By: Shafiyal Ahmed
In Stull v. Summa Health Sys., 2022-Ohio-457, the Ohio Ninth District Court of Appeals held that the Defendant Health System failed to establish that a physician’s residency file was privileged as a record within the scope …
Considerations for accountants in responding to a subpoena for client documents
4/6/22
By: Nancy Reimer and Lori Eller
When a CPA or its firm is served with a subpoena requesting a client’s tax or financial information, there are best practices and steps they should take prior to responding to the subpoena. Federal …
Five things California lawyers have to report to the State Bar
4/5/22
By: Gregory T. Fayard
California lawyers have certain reporting obligations to the State Bar. These obligations are mandatory. The reporting must occur within 30 days of the event. Failing to report can lead to discipline, jeopardizing the lawyer’s law license. …
D.C. Circuit: The Second Most Important Court in America
4/5/22
By: Sun Choy
With the nomination of Judge Ketanji Brown Jackson to the Supreme Court, the United States Court of Appeals for the District of Columbia Circuit is in the spotlight once again. If confirmed, Judge Jackson will join Chief …
Updating Your California Employee Handbooks in 2022
4/4/22
By: Eileen P. Darroll
Employee Handbooks protect employers from potential litigation. California has notoriously strict laws protecting employees; all businesses should regularly review handbooks for updates. If your business is based outside California, you should consider creating an addendum for …