Firm Blogs
- Action Against Workers' Comp Claims Administrator Not Covered by Insurer's Arbitration Provision, Court of Appeal Rules
Fri, 18 May 2012 09:54:48 -0800
by Gail E. Cohen
In DMS Services, Inc. v. Superior Court, the Plaintiff brought suit in California state court for breach of contract, bad faith and related claims against the third-party administrator, or TPA, responsible for managing its workers’ compensation claims. It also sued its workers...
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- Action Based on 7-Eleven's Payroll System Fails, Court of Appeal Rules
Thu, 10 May 2012 11:08:38 -0800
In Aleksick v. 7-Eleven, Plaintiff Aleksick represented a class claiming that 7-Eleven's payroll system violated California Business and Professional Code 17200. The complaint alleged that 7-Eleven's method of converting partial hour worked from minutes to hundredths of an hour sometimes docked emp...
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- California Assembly Passes Bill Requiring Health Insurance Filing and Disclosures
Mon, 07 May 2012 12:32:55 -0800
On May 3, 2012, the California Assembly passed a bill that would require health insurers that are regulated by the Department of Insurance to submit information to the department when the insurer plans to terminate its contract with a provider group or hospital. The bill also would require insu...
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- California Assembly Passes Bill Requiring Health Insurance Filing and Disclosures
Mon, 07 May 2012 12:54:55 -0800
By Samuel Sorich
On May 3, 2012, the California Assembly passed a bill that would require health insurers that are regulated by the Department of Insurance to submit information to the department when the insurer plans to terminate its contract with a provider group or hospital. The bill also w...
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- Barger & Wolen partner to speak at The International Life Settlements Conference
Wed, 11 Apr 2012 10:37:44 -0800
Randall Doctor, Partner, Barger & Wolen, will participate in a panel discussion at The International Life Settlements Conference to be held in London, May 1-2, 2012.
The panel discussion, "Legislation & Regulation: New Laws and Regulations in 2012" will be moderated by Br...
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- California Workers' Compensation Looms as a Major 2012 Legislative Issue
Wed, 04 Apr 2012 12:00:00 -0800
by Samuel Sorich
On March 28, two California legislative committees met to hear concerns about the California workers’ compensation system. The chairs of the committees declared that the hearing was the Legislature’s first-step in this year’s effort to solve problems that plag...
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- Fee Awards in Class Actions Vary Widely
Tue, 08 May 2012 14:45:04 -0800
As reported in the San Francisco Daily Journal, (subscription required), there is a wide disparity in attorney fees awarded in class actions. Though many jurisdictions provide fee award guidelines, judges are largely left to their discretion to decide what is fair.
The Journal reports that sev...
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- Attorney Fees are Properly Awarded Under Prison Litigation Reform Act
Tue, 08 May 2012 06:00:00 -0800
In Balla v. State of Idaho, 2012 DJDAR 4848 (2012), the Ninth Circuit Court of Appeals granted attorney fees in a class action brought under the provisions of the Prison Litigation Reform Act. The case began in the 1980s. The appeal arises out of a crisis which began at the end of 2008 rel...
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- Chairperson of Insurance Board Denied Claim for Attorney Fees
Mon, 07 May 2012 08:09:09 -0800
In Thornton v. California Unemployment Insurance Appeals Board, 2012 DJDAR 4796 (2012), the California Court of Appeal for the Fourth Appellate District decided a legal question pertaining to the reimbursement of attorney fees incurred during a law enforcement investigation. The public employee...
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- Retiree Benefit System that Disproportionately Benefits Men is Not Necessarily a Violation of Title VII
Fri, 18 May 2012 19:25:31 +0000
In Wood v. City of San Diego, Janet Wood brought suit under Title VII of the Civil Rights Act of 1964, alleging the surviving spouse benefit provided by the City of San Diego to retired employees discriminated on the basis of sex. Her theory of liability was that because, in the aggregate, the Cit...
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- Federal Court Ruling Prompts NLRB to Drop New Procedures for Union Elections
Fri, 18 May 2012 17:41:26 +0000
In light of a federal court ruling, Chamber of Commerce v. NLRB, the National Labor Relations Board (NLRB) has shelved controversial new regulations for determining whether a majority of employees wish to be represented by a union. U.S. District Judge James E. Boasberg on Monday ruled that the NLRB ...
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- Arbitration Agreement Between Purported Employer and Employees Unconscionable, Court of Appeal Rules
Fri, 11 May 2012 22:23:02 +0000
In Samaniego v. Empire Today, Plaintiffs worked as carpet installers for Defendant, Empire Today. When they were initially hired, and again later during their employment, Plaintiffs were given form contracts and told to sign them if they wanted to work for Empire. The contracts contained arbitra...
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