Civil Action with Brian & Shant

7. Arbitration; Primary Assumption of Risk; Insurance Cases

Brian and Shant discuss three cases involving arbitration, primary assumption of risk (The Fireman's Rule), and an insurance case from The United States Court of Appeals for the Ninth Circuit.

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

6. Juror Misconduct & Collateral Source Rule; Forum Selection Clauses; 5 Year Rule in A "Death Knell" Doctrine; Uninsured Motorists Within an Umbrella Policy; PAGA & Claim Splitting

Brian and Shant discuss juror misconduct and the collateral source rule, forum selection clauses, employment contracts, and a new statute that's favorable to plaintiffs, two issues of first impressions regarding the five year rule in a "death knell" doctrine, uninsured motorist coverage in the context of an umbrella policy, and PAGA & claim splitting. 

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

 

5. Good News in Trucking Employment Cases; Cautionary Tales About Deadlines

Brian and Shant discuss serving complaints on foreign governments, dealing with injuries sustained while working for a subcontractor, immunities of a school district, deadlines for giving notice of a medical malpractice claim, arbitration in interstate trucking, and TCPA claims. 

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

4. SCOTUS Ruling in Epic Systems in PAGA Cases; Denying Class Certification; Religious Org. Exemption; Relief Under CCP 473b; Elder Abuse Cases; Deadlines for Removing Fed. Court Case

Brian and Shant discuss the application of SCOTUS’s ruling in Epic Systems in PAGA cases, requirements for an order denying class certification, Religious Organization Exemption in employment discrimination cases, relief under CCP 473b, the lack of requirement of special relationship in elder abuse cases, and deadlines for seeking removal of a case to federal court.

3. Cy Pres; Default Judgment PAGA Cases; Declarations in Malpractice; DQ of Lawyers in Partnership Disputes; Self-Insured Retention & Coverage; Liability of a Fraternity

Brian and Shant discuss cy pres in class action settlements, obtaining a default judgment in a PAGA case, expert declarations in malpractice cases, disqualification of lawyers in a partnership dispute, insurance coverage when insured fails to pay self-insured retention, and liability of a national fraternity for injuries sustained by a plaintiff at a local party.

2. Equitable Tolling; Piece Rate Work & Meal Breaks; Application of Forum Selection Clauses; Seeking Disqualification of Lawyers; Post-PAGA Actions

Brian and Shant discuss equitable tolling of class actions, piece rate work and meal breaks, trends in application of forum selection clauses, timeliness in seeking disqualification of lawyers, and attorney fees in settlement of PAGA actions.

 

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

1. Enforcing Arbitration Clauses; Challenging Judges; Expert Declarations; False Advertising Claims; Construction Defect Class Actions

Brian and Shant discuss trends in enforcing arbitration clauses, blowing deadlines to challenge a judge, importance of an expert declaration when opposing a MSJ, federal preemption in false advertising claims against drug manufacturers, and construction defect class actions.

Goonewardene v. ADP, LLC (2019) 6 Ca.5^th 817: Employer can enforce an arbitration agreement between an employee and a staffing agency.

Sunrise Financial v. Superior Court (2019) 32 Cal.App.5^th 144: Section 170.6 challenge was untimely because defendants filed the challenge more than 15 days after they made an appearance in the action by filing an opposition to the section 403 transfer/consolidation motion in Judge Wohlfeil's department.

Fernandez v. Alexander (2019) 31 Cal.App.5^th 770:. Court of Appeal found the declaration by a patient's expert did not opine on issue of whether recommendation of cast rather than surgery caused increase to patient's wrist injury, and thus did not create genuine issue of fact as to causation.

Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.

Introducing: Civil Action with Brian & Shant

Kabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.