Hinshaw Insurance Law TV | Bad Faith Law
II-31- The Changing 9 to 5 From 1980 to Today
Case Involving Burger King Employee Spitting in Officer’s Burger Goes Before WA Supreme Court
In California FEHA settlements, plaintiffs often recover damages for both emotional distress and lost wages—but how are those payments taxed? Employers often compel an allocation in damages between wages (economic loss) and...more
Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA)....more
Employers litigating cases in California courts face many obstacles. Summary judgment has become increasingly difficult for employers. Criminal cases take precedent and often cause trial postponements, resulting in civil...more
A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more
Florida Governor Ron DeSantis and state lawmakers recently enacted significant tort reforms designed to restrict plaintiffs pursuing negligence claims – but which could give an unexpected boost to those pursuing costly...more
Last week following a trial in a Kentucky state court, a jury awarded a terminated employee $450,000 based upon his termination following an unwanted office birthday party. The plaintiff alleged that he suffers from anxiety...more
A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. On April 13, 2022, the judge granted Tesla’s motion for a reduction in the amount of damages in part...more
On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016. ...more
Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee - Maner v. Dignity Health, ___ F.4th ___, 2021 WL 3699780 (9th Cir. 2021) William “Bo” Maner worked as a...more
A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more
In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more
This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more
Just as the 2020 legislative session wrapped up, the Missouri legislature passed a bill increasing the standards for pleading and making it harder to prove claims for punitive damages – especially in employment cases. S.B....more
Reynaud v. Technicolor Creative Servs. USA, Inc., 46 Cal. App. 5th 1007 (2020) - Plaintiffs Michael and Fiona Reynaud (both British citizens) sued Michael’s former employer, Technicolor, for negligence based upon its...more
In Pinter-Brown v. Regents of the University of California, the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its...more
Employers all over California are once again hearing the siren call of arbitration in the wake of a $15.4 million single-plaintiff verdict that a Los Angeles jury delivered to a former Los Angeles Times sports columnist on...more
SB 123, just passed by the legislature and signed by Governor Brown, makes several amendments to Oregon’s pay equity law. Most notable are the revisions to the limited affirmative defense available to employers in litigation....more
On May 13, 2019, a federal judge in Muskogee, Oklahoma, ruled against a plaintiff who alleged that that the U.S. Department of Veterans Affairs denied her a job as a physician because she was a woman and was from Puerto Rico....more
Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June...more
In Delane Hurley v. California Department of Parks and Recreation, California Court of Appeal, Fourth Appellate District, D070098 (February 21, 2018) plaintiff Hurley recovered damages for intentional and negligent infliction...more
It is well-established that the workers’ compensation system serves as the exclusive remedy for an employee who suffers injuries arising during the course and scope of employment, including psychiatric injuries. Recently,...more