In a published decision with potentially broad and significant implications for the adjudication of insurance claims handled in California, the Ninth Circuit held that insurers must promptly seek to effectuate settlement once liability has become reasonably clear, even in the absence of a settlement demand. The court also held that the genuine dispute doctrine does […]
Another Non-Signatory Wrongly Sent To Arbitration.
The trial court decided that, since a janitorial business had an arbitration agreement with its workers compensation insurance company, the doctrine of equitable estoppel applied with regard to whether, or not, it had to arbitrate a dispute with the third party administrator of its workers compensation claims. The Court of Appeal found the doctrine inapplicable […]
Does Caretaker For Elderly Person In The Home Get Overtime?
Plaintiff is not a licensed or trained nurse. The family of a 90-something invalid hired her to provide care for the elderly person at home. After she left employment, plaintiff sued for failure to pay her overtime wages. The appellate court found plaintiff “was a personal attendant as a matter of law and thus, exempt […]
You’ll Need To Be Monitored, Doctor.
When the Board of Psychology imposed discipline on a psychologist, the trial court denied the doctor’s writ petition. The psychologist acted as a special master in a family law proceeding in California and testified in a family law proceeding in Florida. In the California matter, he emailed one of the spouses “that he could not […]
Carry On [Probation], Nurse.
Registered Nurse with a blood alcohol of .16 lost control of a car on the freeway, was convicted of a misdemeanor and placed on three years probation. The Board of Registered Nursing revoked the R.N.’s license to practice nursing, but stayed revocation subject to three years probation. The R.N. convinced the superior court the Board […]
Under Oath And The First Amendment.
A city employee was subpoenaed for her deposition in a civil rights case filed by a former employee. The deponent testified the assistant police chief was critical of the former employee. The deponent was fired and she sued alleging retaliation in violation of her First Amendment rights. The trial court denied the assistant police chief’s […]
No Arbitration For Skilled Nursing Facility In Elder Abuse Case.
A patient sued a skilled nursing facility for elder abuse based on alleged negligent care. Her daughter sued the same defendants in the same complaint for negligent infliction of emotional distress based on what she allegedly observed her mother go through. The mother had signed an arbitration agreement, and defendants moved to compel arbitration. The […]
Judgment On The Pleadings Against Manufacturer Reversed.
A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co. (2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288]. In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here […]
If You Want To Work Here, Sign This.
Carpet installers were told to sign a form contract when they were hired and again during their employment. The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees. The forms were in English and the employees […]
Abuse Of Discretion To Deny Plaintiffs Leave To Amend.
In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a […]