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California Court of Appeal again finds no stacking of liability policy limits

Barger & Wolen LLP
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USA
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April 14 2013

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal

California Supreme Court splits the baby in mixed-motive employment discrimination case

Barger & Wolen LLP
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USA
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February 11 2013

In Wynona Harris v. City of Santa Monica, decided on February 7, 2013, the California Supreme Court addressed the following question: In an

Senator introduces bill to freeze NLRB decisions

Barger & Wolen LLP
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USA
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February 1 2013

Hundreds of National Labor Relations Board ("NLRB") actions, many of which make it easier for workers to unionize, would be frozen or invalidated

Court denies attorneys' fees in Herbalife Estate case

Barger & Wolen LLP
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USA
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March 7 2013

A San Francisco appeals court has rejected a law firm's attempt to recover $3 million billed on a trust matter on the grounds that the work did not

From out of the blue comes a proposed exemption for air ambulance companies to avoid California workers' compensation official medical fee schedule

Barger & Wolen LLP
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USA
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March 11 2010

This week, the Administrative Director of the Division of Workers' Compensation of the California Department of Industrial Relations ("DWC") proposed a regulation, California Code of Regulations, title 8, Section 9789

Interest incurred on borrowed funds to secure an undertaking is not recoverable

Barger & Wolen LLP
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USA
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May 25 2010

In Rossa v. D.L. Falk Construction Inc., 2010 DJDAR 6674 (May 6, 2010), a panel from the First Appellate District decided a novel case interpreting what constitutes a recoverable cost of appeal under the California Rules of Court

"Prevailing party" status not necessary for an ERISA attorneys' fees award

Barger & Wolen LLP
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USA
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May 26 2010

In a decision authored by Justice Clarence Thomas, the United States Supreme Court has declared that an ERISA claimant need not be a “prevailing party” to be eligible for an attorneys’ fees award

Court finds triable issue of fact as to rescission of health insurance, but upholds dismissal of bad faith and punitive damage claims

Barger & Wolen LLP
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USA
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April 6 2010

In Nazaretyan v. California Physicians’ Service, ___ Cal. Rptr. 3d ___, 2010 WL 1038685 (2010), the California Court of Appeal reversed the trial court’s grant of summary judgment in favor of California Physicians’ Service dba Blue Shield of California (“Blue Shield”), a health care service plan, following its rescission of Gevork Nazaretyan and Narine Ghazaryan’s (the “Plaintiffs”) health care coverage

Assembly's Insurance Committee to hold hearing today on legislation voiding discretionary clauses in disability and life insurance policies

Barger & Wolen LLP
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USA
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April 7 2010

The California Assembly's Insurance Committee is scheduled to conduct its first hearing today on AB 1868, a bill outlawing clauses in insurance policies and other related documents that purport to vest the insurer with discretionary power to determine eligibility for benefits or to interpret the terms of the policy

Non-taxable costs may be awarded under the Fair Credit Reporting Act

Barger & Wolen LLP
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USA
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May 26 2010

In Grove v. Wells Fargo Financial California Inc., 2010 DJDAR 7351 (2010), the Ninth Circuit Court of Appeals decided an interesting case involving the types of costs which are recoverable under the provisions of the Fair Credit Reporting Act (“FCRA”) 15 U.S.C. 1681 et seq

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