Settlement, Employer Liability Issues, Appeals

NC Court of Appeals Denies Motion to Add Self-Insurance Association in Asbestos Exposure Case

Cranfill Sumner LLP on 6/13/2025

In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on 4/14/2025

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

Laughlin, Falbo, Levy & Moresi LLP on 3/28/2025

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Understanding Workers’ Compensation Litigation in Ohio: What State Fund Employers Need to Know

Frantz Ward LLP on 3/27/2025

For some state fund employers in Ohio, receiving a court complaint as a defendant in workers’ compensation litigation can be unexpected. Employers experiencing this for the first time are often surprised that an employee can...more

Worker's Compensation Denied in California: What to Do Next

Maison Law on 1/15/2025

Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more

California Court of Appeal Says No More “Headless” PAGA Lawsuits

Ballard Spahr LLP on 1/9/2025

In an effort to avoid arbitrating individual claims under the Private Attorneys General Act (“PAGA”), a recent trend emerged in California litigation involving “headless” PAGA lawsuits. Essentially, plaintiffs would expressly...more

It’s Settled: A PAGA Plaintiff Has No Right to Intervene, Vacate or Object to Another PAGA Plaintiff’s Settlement, Affirms the...

BakerHostetler on 8/29/2024

In a welcome win for employers, the California Supreme Court recently blocked a PAGA plaintiff’s attempt to intervene and object to another PAGA plaintiff’s proposed settlement as a matter of right, in Turrieta v. Lyft, Inc.,...more

Paxton Whistleblower Saga Concludes in a Settlement and Apology

Foley Hoag LLP - State AG Insights on 2/16/2023

A little over a year after the Texas Appeals Court rejected Texas Attorney General Ken Paxton’s argument that the state’s Whistleblower Act does not apply to whistleblowers reporting violations of law committed elected...more

California Court of Appeal Provides Guidance, and Creates a Split, on Critical PAGA Issues

Sheppard Mullin Richter & Hampton LLP on 12/10/2021

On November 30, 2021, the Court of Appeal, First Appellate District, issued an important opinion in Moniz v. Adecco USA, Inc., __ Cal. App. 5th __ (2021), which will impact employers facing PAGA lawsuits. Moniz clarified...more

Seventh Circuit Allows Objector To Recover Fees From Class Counsel’s Fee Award

Seyfarth Shaw LLP on 8/8/2018

Seyfarth Synopsis: In an opinion laced with frustration over a third appeal in a class action involving attorneys’ fees, the Seventh Circuit ruled that an objector was entitled to recover attorneys’ fees from class counsel’s...more

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Dorsey & Whitney LLP on 4/26/2018

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

New meaning to the Equal Pay Act’s promise of pay equity

McAfee & Taft on 4/25/2018

“Pay equity” is quickly becoming a term every employer must understand. Never in its 25-year history have the principles of the Equal Pay Act (EPA) received so much attention. Courts have been examining the meaning of pay...more

Settlement Agreements: Forgetting Costs May Cost You in California

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/2/2014

DeSaulles v. Community Hospital of the Monterey Peninsula, No. H038184 (May 2, 2014): A California Court of Appeal recently considered the issue of whether one of the parties in a litigation can be considered to be...more

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