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Results 1 to 4 of 4

Settlement of individual claims did not moot class representative’s appeal in class action

USA - February 10 2010 The Ninth Circuit Court of Appeals, in Narouz v. Charter Communications, LLC, held that a class representative who voluntarily settled his individual claims but retained a “personal stake” in the class representation retained the right to continue in representative capacity and appeal the denial of a motion for class certification.

Co-authors: Amy L. Pierce, Greg L. Johnson.

The $10 limit: court clarifies California’s law on redemption of retail gift cards

USA - January 25 2010 The federal District Court, Southern District of California, issued the first decisions interpreting Section 1749.5(b) of California’s Gift Card Law since its amendment in 2007 confirming that merchants have the right to refuse to redeem a gift card for cash where the balance is $10 or more.

Co-authors: Amy L. Pierce, Greg L. Johnson, Deborah S. Thoren-Peden.

Contractor must report non-obvious hazards even if it did not create them

USA - January 19 2010 California’s First District Court of Appeal in Suarez v. Pacific Northstar Mechanical, Inc., found that Cal-OSHA provisions, Labor Code §§ 6304.5 and 6400, “impose a duty on each employer, at a multiemployer worksite, to report all non-obvious hazards about which the employer learns because its employees were exposed to them during the course of their work, even if the employer in question did not create the hazard.”

Co-authors: Amy L. Pierce, Robert A. James, Wesley C. J. Ehlers.

California Attorney General interprets AFSA’s single document rule

USA - January 13 2010 The California Attorney General recently opined that the single document requirement for automobile sales contracts is satisfied by a document consisting of multiple pages attached to each other and integrated by means such as inclusive sequential page numbering.

Co-authors: Amy L. Pierce, Greg L. Johnson.