Arbitration Agreements In Employment Contracts: Cross Your T’s And Dot Your I’s In All Languages

In Juarez v. Wash Depot Holdings, Inc., California’s Second Appellate District Court of Appeal upheld the denial of an employer’s motion to compel arbitration when the arbitration agreement contained in the employee handbook was not the same in the English version as the Spanish version. Plaintiff Carlos Juarez filed a lawsuit alleging thirteen wage-and-hour claims, Read More…

Nevada Adopts Common Interest Rule As Exception To Waiver Of Work-Product Privilege

In Cotter v. Eighth Judicial Dist. Court of Nev., 416 P.3d 228, the Nevada Supreme Court addressed whether a party waives the work-product privilege if work product is provided to a third-party. The Court’s examination of the facts in the case led to the adoption of the Common Interest Rule allowing attorneys to share their work Read More…

Supreme Court Upholds Enforceability Of Individualized Arbitration Agreements In Employment Contracts

Employers sometimes require their employees to enter into employment contracts requiring employment disputes between the parties to be resolved through individualized arbitration proceedings.  Such agreements include a waiver of the employee’s right to participate in class action employment lawsuits.  Until recently, the enforceability of individualized arbitration agreements was questionable following a controversial ruling by the Read More…

Eligibility For Unemployment Compensation Benefits In A “Resign Or Be Fired” Scenario In Nevada

Section 612.380 of the Nevada Revised Statutes generally provides that an individual is ineligible to receive unemployment compensation benefits where the person has voluntarily left his or her employment. On May 3, 2018, in the case of Dolores v. State, Dep’t of Employment Sec. Div., the Supreme Court of Nevada determined that an employee’s resignation, Read More…

LGC Sponsors Autism Society Fundraiser

LGC recently participated in the Autism Society of San Diego’s 16th Annual Splash for Cash as its “Big Kahuna” sponsor.  This year’s event raised over $22,000 for Autism Society programs like its Surf Camp and monthly Family Pizza and Pool Party, as well as swimming lesson scholarships.  In addition to sponsoring the event, LGC donated Read More…

Factors To Consider In Defendant’s Deposition Location

It has been a long-standing general principle in Nevada that the party wishing to take a defendant’s deposition must travel to where the defendant is located–until now. In Okada v. Eighth Judicial Dist. Court, the Nevada Supreme Court did away with this general principle and instead provided five-factors that must be considered when a party Read More…

Res Ipsa Loquitur In Nevada Medical Malpractice Actions

As background, in 2002 Nevada was dealing with a significant medical malpractice insurance crisis in which doctors were leaving the state due to ever-increasing malpractice premiums. In an effort to deter frivolous medical malpractice litigation and stabilize insurance premiums, the Nevada legislature enacted NRS 41A.071. This statute requires a trial court to dismiss a medical Read More…