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Articles from Related Newsletters
Class Litigation of Meal and Rest Period ClaimsEmployment Law StrategistIn Brinker Restaurant Corp. v. Superior Court, California’s Fourth District Court of Appeal substantively altered the wage and hour landscape through its conclusion that California meal and rest period regulations only impose a passive obligation on employers to make breaks available.
Developments in Vicarious LiabilityLJN's Franchising Business & Law AlertCourts have occasionally concluded that a franchisor might be liable for the actions of its franchisee or for harm suffered on the premises of a franchisee. Rarely do these issues arise in the most common form of vicarious liability claim, those related to the actions of an employee, because franchisors have been very successful at writing contracts that make it clear that franchisees are employing their workers, not franchisors.
Personal Jurisdiction Determined in Suit for Legal ServicesEntertainment Law & FinanceThe U.S. District Court for the Southern District of California determined, in a case transferred to it from a New York federal court, that the New York court properly exercised jurisdiction over California defendants, who had hired the plaintiff, a New York lawyer, for entertainment matters.
A Daubert ChecklistLJN's Product Liability Law & StrategyCourts of appeal historically affirm more than 85% of all trial court Daubert decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
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Headlines
All Sums Great And SmallHow is loss allocated when bodily injury or property damage occurs in several successive policy periods? Can the insured choose the policy that it wishes to cover the loss, limiting itself to one deductible and forcing a single year¡¯s primary (and excess) policy to respond?
The Insured’s Right to Select Defense CounselLast month, the authors discussed "substantial conflicts of interest" in various cases involving an insured’s right to select its own defense counsel. Part Two herein continues this discussion.
U.S. District Court Finds Coverage Survives Procedural Changes of BankruptcyA bankrupt insured, particularly one with significant mass tort liability and assets primarily restricted to its insurance policies, should pay close attention to coverage issues during the bankruptcy proceedings to minimize subsequent difficulties in securing insurance recovery.
Case BriefsRecent rulings of importance to you and your practice.
February Issue in PDF Format
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