After plaintiff was terminated by a grocery chain store, she brought an action to recover unpaid overtime pay because she regularly spent more than 50 percent of her work hours doing nonexempt tasks. The trial court entered judgment awarding her $26,184.60 plus interest for overtime pay. The supermarket appealed, contending the trial court failed to account […]
Entity Acting On Behalf Of Defunct Company May Enforce Arbitration Agreement.
A financial services company, sued for allegedly providing bad investment advice, was denied its petition to compel arbitration because the original entity, another financial services company, which entered into the arbitration agreement, was a defunct company. The appellate court reversed, holding the financial services company, as an agent of the defunct company and a third party […]
Providing Alcohol To Someone Who Injures Another As A Result Of Intoxication Results In No Civil Liability.
Five young women, all under the age of 21, got into a car after partying all night (and drinking alcohol) at a friend’s house. Driving on the wrong side of the road, the car collided with a bicyclist, who was seriously injured. The bicyclist and his wife sued, among others, all of the occupants of the […]
Arizona’s Abortion Law Held Unconstitutional.
Arizona passed a law that except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks is prohibited. Three gynecologists who practice in Arizona filed suit in federal court seeking declaratory and injunctive relief against enforcement of the abortion statute. The district court denied relief. The […]
No Minimum Contacts.
Plaintiff alleged he tried to start a personal watercraft manufactured by defendant, and the watercraft caught fire, causing him serious injuries. He claimed the manufacturer was negligent for failing to inform him of a recall of the watercraft for a defective fuel tank. The manufacturer cross-complained against the successor-in-interest of the manufacturer of the fuel tank, […]
Malicious Prosecution Action May Proceed.
Plaintiff received two checks from an insurance company in settlement of a claim. He took the checks to the bank where the checks were drawn, and the bank refused to cash one check. The bank manager called police and reported that plaintiff threatened to blow up the bank. Plaintiff was charged with a crime, tried and […]
Employee Does Not Receive Salary And Is Not Exempt From Overtime.
California law provides that, absent an exemption, an employee must be paid time-and-a-half for work in excess of 40 hours per week. To be exempt from that requirement the employee must perform specified duties in a particular manner and be paid “a monthly salary equivalent to no less than two times the state minimum wage […]
Postjudgment Orders Directing Issuance Of A Letter Rogatory Reversed.
The appellate court’s words say it all: “In this appeal from postjudgment orders directing issuance of a letter rogatory requesting registration of judgment liens against properties of the judgment debtor in Mexico and restraining the debtor from transferring its right to payment upon the sale of those properties, we must decide two issues of first impression […]
Employer May Distinguish Between Disability Caused Misconduct And Disability Under FEHA.
In Wills v. The Sup. Ct. of Orange County (Cal. App. Fourth Dist., Div. 3; April 13, 2011) (As Mod., May 12, 2011) 194 Cal.App.4th 312, [2011 DJDAR 5338], an employee of the Superior Court suffered from bipolar disorder. During a manic episode she threatened fellow employees and others. The Court discharged her for this conduct and she sued, […]
Don’t Wear Skirts In Franklin County, Ohio Courthouse.
The ABA on-line journal reports “Judge Julie Lynch notes an unfortunate juxtaposition at the new courthouse in Franklin County, Ohio. The courthouse is used to sentence sex offenders, and its glass staircase may be used by women in skirts, the Columbus Dispatch reports. ‘If you wear dresses, you’re on notice that you might want to take […]
- « Previous Page
- 1
- …
- 104
- 105
- 106
- 107
- 108
- …
- 164
- Next Page »