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Crowdsourced workers: are they employees or independent contractors?

Barger & Wolen LLP
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USA
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March 18 2013

What happens when modern innovations in the workforce (made possible by the advent of the internet) collide with traditional concepts of employment

California Supreme Court allows "continuous accrual" doctrine to avoid statute of limitations for "unfair" UCL claim

Barger & Wolen LLP
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USA
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January 24 2013

Seeking to clarify the extent to which the four-year statute of limitations applies to claims under the Unfair Competition Law, Business &

There can only be one prevailing party under Civil Code Section 1717

Barger & Wolen LLP
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USA
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June 6 2012

In Frog Creek Partners LLC v. Vance Brown Inc., 2012 DJDAR 6905 (2012), the California Court of Appeal for the First Appellate District decided a novel prevailing party case under Civil Code Section 1717

California court dismisses ucl claim over fiji water

Barger & Wolen LLP
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USA
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May 30 2011

Sometimes a green drop is just a green drop

Assignee may pursue claim for indemnification for unreimbursed counsel fees

Barger & Wolen LLP
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USA
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February 1 2011

In Searles Valley Minerals Operations Inc. v Ralph M. Parson Service Co., 2011 DJDAR 1193 (2011), the Fourth District Court of Appeal decided an interesting contract indemnity case dealing with a fee award

Attorney fee award is appropriate based on successful forum non conveniens motion

Barger & Wolen LLP
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USA
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December 15 2010

The California Court of Appeal for the Fourth District recently decided a novel fee question

California Supreme Court again confirms a penalty is not restitution under the UCL

Barger & Wolen LLP
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USA
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November 21 2010

Recently, we reported on the California Supreme Court’s decision in Clark v. Superior Court (National Western Life Insurance Company), wherein the Court confirmed that the only monetary remedy available under the Unfair Competition Law, Business & Professions Code section 17200 (the “UCL”) is restitution, and that a claim for treble damages is not restitution, nor is the nature of restitution comparable to a penalty

Finding that an anti-SLAPP motion is frivolous justifies fee award

Barger & Wolen LLP
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USA
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October 26 2010

In Baharian-Mehr v. Glenn Smith, et. al. 2010 DJDAR 15946 (2010) the Fourth District of the California Court of Appeal, held that the special motion to strike procedure set forth in CCP 425.16 was not applicable to a business dispute

Award of attorney fees under the automobile sale finance act upheld by court of appeal

Barger & Wolen LLP
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USA
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July 20 2010

In Nelson v. Pearson Ford Co., D054369 (July 15, 2010), the Fourth Appellate District upheld the trial court’s judgment awarding attorney fees to plaintiff class representative under the Automobile Sale Finance Act (“ASFA”), and denied costs to defendant in its claim under California Code of Civil Procedure Section 998

"Principal place of business" defined by Supreme Court in Hertz Corp vs. Melinda Friend

Barger & Wolen LLP
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USA
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February 23 2010

In a decision closely watched by multi-state corporations, including those in the insurance industry, the U.S. Supreme Court ruled today that a company’s “principal place of business” is where “a corporation’s officers direct, control, and coordinate the corporation’s activities.”