Any time you’re injured on someone else’s premises due to the negligence or misconduct of the property owner, there’s a lot that goes into obtaining a court judgment providing you with a damages award for the harm you’ve suffered. This is especially true if your injury occurred on your employer’s…
A retail store chain was not required to hold a sales associate’s job indefinitely to satisfy the Fair Employment and Housing Act’s reasonable accommodation requirement, the California Court of Appeal recently ruled. The opinion illustrates that employers may have to provide leave of some duration as a reasonable accommodation, but…
A car salesman injured during a test drive when the customer crashed into a guardrail saw his $1.2 million award disappear due to a series of impermissible questions that the trial court allowed. The California Court of Appeal recently decided that the driver was entitled to a new trial after…
An elementary school teacher’s Fair Employment and Housing Act lawsuit for disability discrimination, and the California Court of Appeal‘s ruling in it, highlight just how far an employer must go before it can say it has met its obligations under FEHA. The appellate court reversed a summary judgment in favor…
The family of a motorcyclist killed along the Pacific Coast Highway recently succeeded in persuading the California Court of Appeal that the case they presented against the owner of a restaurant property should not have been thrown out by the trial court. The family’s victory is notable because the fatal injury…
Although the Americans with Disabilities Act offers relatively broad protection to employees, an employee must still prove that his or her disability substantially impairs one or more life activities. A police officer with attention deficit hyperactivity disorder (ADHD) lost his ADA Case on appeal because the 9th Circuit Court of Appeals…
A woman injured in an auto accident tried an unusual technique to expand her possible recovery from an insurance company. She argued that, although her injuries occurred after one single-vehicle crash, they were the result of two separate and distinct acts of negligence and, as a result, arose from two…
A recent ruling in a Fair Employment and Housing Act violation case provides beneficial information about when an employer is, and is not, able to demand that an employee undergo a psychological examination. A recent California Court of Appeal ruling went in favor of the employer, since the test was both…
Assessing fault in multi-vehicle crashes, especially those on multi-lane freeways, can be particularly challenging. The driver who creates a chain reaction of danger and harm may not be physically involved in the accident at all, and pinning causation on a driver not involved in an accident is often very difficult. This…
In a decision that may have wide-reaching implications, the California Court of Appeal ruled that, if an employee’s job requires him or her to use a personal cell phone for work-related activities, the employer must reimburse the employee a reasonable amount for that usage. The court’s decision concluded that employers have…