Firm Blogs
- Applying the Common Law Test for Employment, California Court of Appeal Finds That Insurance Agent is Independent Contractor
Wed, 11 Jan 2012 21:07:56 +0000
In Arnold v Mutual of Omaha, Plaintiff Arnold, an insurance agent for Defendant Mutual of Omaha, after terminating her contract with Defendant, sued for unpaid employee entitlements under the Labor Code. Arnold claimed that the contract she had entered into with Mutual had improperly classified he...
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- California Supreme Court Rules that Court of Appeal Used Incorrect Legal Analysis in Deciding that Claims Adjusters Are Not Exempt from Overtime Pay Requirement
Tue, 03 Jan 2012 20:10:27 +0000
By Sam Sorich and Larry Golub In a unanimous opinion handed down on December 29, 2011, the California Supreme Court ruled in Harris v. Superior Court that the Court of Appeal used an erroneous analysis when it decided that claims adjusters are not exempt from California’s overtime pay requirement....
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- Religious School Not Liable For Terminating Teacher Who Lived Out Of Wedlock With Her Boyfriend
Mon, 19 Dec 2011 19:12:29 +0000
In Henry v. Red Hill Evangelical Lutheran Church of Tustin, California Court of Appeal for the Fourth District, plaintiff Sara Henry (Henry), a teacher at a school affiliated with the Lutheran church, was terminated when the school learned that she was living out of wedlock with her boyfriend, with ...
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- Privacy - New California Security Breach Notification Requirements Set Standard Core Content for Notification Letters
Fri, 27 Jan 2012 10:38:19 -0800
The purpose of this alert is twofold: (1) to remind our clients that both federal and state law requires financial institutions and most businesses to safeguard their customers’ information; and (2) to advise of new requirements for security breach notification letters.
by Timothy Moroney and ...
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- Auto Insurance Initiative Qualifies for November 2012 Ballot
Thu, 19 Jan 2012 13:36:28 -0800
On January 18, 2012, California Secretary of State Debra Bowen announced that an initiative on automobile insurance rates has qualified for the November 6, 2012 ballot.
The initiative, named the “2012 Automobile Insurance Discount Act,” would allow insurers to use continuous automobile i...
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- Next Up in the 'Tort War': Discounted Medical Expenses?
Fri, 13 Jan 2012 14:41:10 -0800
We recently blogged here about the California Supreme Court’s decision in Howell v. Hamilton Meats.
In a long-awaited, and nearly unanimous decision, the California Supreme Court has held that an injured plaintiff whose medical expenses are paid through private health insurance may recover as...
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- Signatures May Be Collected for California Health Insurance Initiative
Mon, 09 Jan 2012 10:22:50 -0800
By Sam Sorich and Larry Golub
On January 4, 2012, the California Secretary of State announced that signatures may be collected for a proposed initiative which would bring prior approval of rates for health insurance to California, and also amend the existing regulation of automobile and homeowners i...
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- Burden of Proof: The "What Changed?" Argument from "A Smorgasbord of Interesting Disability Cases"
Thu, 05 Jan 2012 10:40:12 -0800
Muniz v. Amec Construction Mgmt., 623 F.3d 1290 (9th Cir. 2010)
Facts and holding: Due to his HIV diagnosis, in 1992, Dierro Muniz (“Muniz”) began receiving long term disability benefits under his ERISA-governed long-term disability insurance plan issued by Connecticut General Life...
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- Health Insurance Rescission Case Upheld by California Appellate Court
Wed, 28 Dec 2011 15:11:02 -0800
On Wednesday, December 28, 2011, the First District Court of Appeal affirmed the trial court's granting of summary judgment in Hagan v. California Physicians' Service dba Blue Shield of California, et al, Case No. A130809 (unpublished), a health insurance rescission matter.
The matter was ...
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