Clients often ask about the recoverability of fees and costs if they are successful in litigating or arbitrating a claim against a third party. As for attorney’s fees, California follows the “American Rule,” which provides that each side bears its own attorney’s fees, even if you win at trial. The general exceptions to this are Read More…
Archives for March 2019
Minor’s Compromise – Do You Really Need One In Nevada Or Can I Skip It?
Nevada Revised Statute 41.200 addresses minor’s compromises. This statute applies to unemancipated minors who have a disputed claim for money against a third person. NRS 41.200 (2) provides the general requirements that must be included in the Petition for a Minor’s Compromise. If the claim involves personal injuries, then NRS 41.200 (3) includes additional items Read More…
Employees To Receive “Reporting Time Pay” When Required To Call In Ahead of Shift
The California Court of Appeals recently issued a decision in Ward v. Tilly’s, Inc. holding that employers are required to pay employees “reporting time pay” when the employees are required to call in ahead of a shift to determine whether or not they need to work, and are then told not to come in. This Read More…
Section 998 Offers In Post “Me Too” Employment Litigation
In response to the “Me Too” movement, originally a viral social media campaign to raise awareness of sexual harassment and sexual assault (particularly in the workplace), new California laws provide plaintiffs in FEHA claims fewer hurdles to recover damages. In particular, Government Code section 12965(b) could drastically change employment defense strategy with regard to Code Read More…