A recent California Court of Appeal case from Northern California reaffirms the difference between disability discrimination cases and other types of disability matters. In this 2016 decision, the court re-affirmed that, if an employee is alleging that his employer discriminated based upon his disability or perceived disability, he is not…
Settlement offers are part of many personal injury cases. Weighing whether to accept or reject an offer can be complicated, especially when you receive a statutory settlement offer in your California injury lawsuit. Rejecting such an offer and then obtaining a judgment that is less than the offered settlement amount…
A groundbreaking new California Court of Appeal ruling has expanded the rights of workers under the Fair Employment and Housing Act, establishing that not only does that law protect employees with disabilities, but also it protects employees with family members who have disabilities. In the recent case, the court announced,…
A recent decision by the California Court of Appeal upheld a jury verdict in favor of a truck driver in a fatal accident. Even though the truck driver backed over a contractor, causing the contractor’s death, and the truck driver had smoked marijuana two days earlier, the contractor’s family’s wrongful…
Before you sign a waiver agreement, it is important to understand just how broad that agreement’s coverage is. In a recent case before the California Court of Appeal, a man injured in an auto accident was not allowed to sue the driver at fault for the accident, nor the owner…
An important new California Supreme Court ruling highlights exactly how broad the application of the state’s governmental design immunity statute is. The high court ruled against a man injured in an auto accident at an intersection that he alleged was dangerous, since the court concluded that the man’s case against San…
Two actors who accused their employer of maintaining a hostile work environment in violation of the Fair Employment and Housing Act successfully persuaded the California courts not to enforce the arbitration clauses in their employment contracts. While employers can demand arbitration of FEHA claims in some situations, the California Court…
A worker who was fired shortly after he was injured on the job and filed for workers’ compensation won a victory recently when the California Court of Appeal reversed a trial court’s decision to award summary judgment to his employer. The court decided that, based upon the type of claim…
An employee fired after taking several absences resulting from domestic violence was unable to maintain her discrimination lawsuit against her former employer. The California Court of Appeal upheld a judgment for the employer, concluding that the employee lacked necessary evidence to establish that the employer’s true reason for terminating her…
The legal rule known as “assumption of the risk” has long applied to participants in sports. In 2012, the California Supreme Court extended it to apply to guests at an amusement park’s bumper-car attraction. Recently, the California Court of Appeal concluded that this legal defense against an injured guest’s negligence…