When injured on the job, a deputy sheriff earned a five percent (5%) differential for working the night shift. When he returned to work, he worked at full duty for a few months and was then placed on modified duty by a physician. He was assigned to the day shift and received no pay differential. Labor […]
Grandparent Visitation After Divorce.
A mother and a father had a child and later divorced. The mother later married someoneelse, and they had children. The child’s paternal grandmother, who was formerly the child’s caregiver, petitioned the superior court for child visitation. Family Code section 3104, limits grandparent visitation when the parents are married and living together, but provides an […]
Changing Clothes: Socks In The City.
Steelworkers brought an action under the Fair Labor Standards Act [FLSA; 29 U.S.C. § 203(o)],alleging their employer violated the FLSA by failing to compensate them for time spent donning and doffing protective gear, a process involving donning a flame-retardant jacket, pants and hood, a hardhat, a snood, wristlets, work gloves, leggings, metatarsal boots, safety glasses, earplugs […]
We Have Immunity: It’s For Your Own Good…And Next We’ll Report You To The IRS.
An airline pilot’s employment was to be terminated after he had an outburst during simulator training and did not complete the training. Other employees at the airline discussed two prior episodes involving other disgruntled airline persons who lashed out violently, and the other employees reported the pilot’s name to the Transportation Security Administration [TSA], informing TSA […]
Food Trucks: American Cuisine On The Go.
A catering company owned a fleet of food trucks which were leased to operators who drove from site to site selling food. One truck was leased by a husband and wife. That truck was equipped with two seats, two seat belts, and specially designed, built-in equipment including a deep fryer, grill, steam table, oven, refrigerator and […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
The Past Catches Up With State Bar Applicant.
When an applicant for membership in the California State Bar worked for The New Republic in the 1990’s, he fabricated magazine articles as well as supposedly supporting materials for the articles to delude fact checkers. The California Supreme Court concluded the applicant did not sustain his heavy burden of demonstrating rehabilitation and fitness for the practice […]
Part Of Plaintiff’s Failure To Warn Claim Is Preempted; Part Is Not.
Defendant manufactures a medical device, Infuse, used in surgery to strengthen the spines of individuals with degenerated vertebral discs. The Food and Drug Administration [FDA] granted approval for certain types of uses, but not for the type of use performed upon plaintiff, which was a posterior fusion. After plaintiff’s surgery, he suffered numbness and pain, and […]
Discovery Abuses: Play Nice Or Pay The Price!
The trial court ordered the entry of default after finding discovery abuses, including the concealment and destruction of requested documents. At the prove-up hearing, the trial court determined plaintiff was entitled to $691,280 in damages. The appellate court affirmed, concluding defendants willfully failed to comply with court orders, and that defendants “willfully concealed or destroyed written […]
Res Judicata / Claims Preclusion Inapplicable.
In 2005, plaintiff sued defendant in federal court for patent infringement, and the action was settled in 2007. In 2008, plaintiff sued defendant for breach of settlement agreement, once again in federal court. In 2010, plaintiff brought an action against defendant in state court, contending fraudulent transfer of assets in frustration of the settlement agreement. Defendant […]
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