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The Life, Health and Disability Insurance Law Blog

  • A Medley of Interesting Disability Cases: Reviewing 2013 Cases
    Wed, 20 Aug 2014 16:01:27 -0800
    Another year has passed, and what better way to celebrate than by taking a look at the various interesting disability cases that have been issued during that time. This year they are collected in the Medley. In this booklet I have summarized a couple of dozen individual and group disability opinion...
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  • California Insurers Asked to Submit Diversity Information About Boards of Directors
    Mon, 07 Jul 2014 16:12:40 -0800
    by Robert Hogeboom & Samuel Sorich The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey. Among other questions, the...
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  • Ninth Circuit Takes Narrow View of ERISA Surcharge Remedy
    Wed, 11 Jun 2014 15:31:47 -0800
    In Gabriel v. Alaska Electrical Pension Fund, the Ninth Circuit ruled that a pension plan participant could not be “made whole” by using the equitable remedy of surcharge to recover pension benefits he was erroneously told he would receive.  As explained below, the Alaska Electrical...
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Litigation Management Blog

  • Court decides when statute of limitations for "wrongful act or omission" against counsel begins
    Tue, 12 Aug 2014 11:44:37 -0800
    In Lee v. Hanley the California Court of Appeal for the Fourth District decided an issue concerning the interpretation of the one‑year statute of limitations relating to allegations of wrongdoing in the performance of attorney services. The plaintiff hired an attorney to represent her in a ci...
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  • Timing of judgment creditor's entitled fee petition key to enforcement
    Fri, 08 Aug 2014 09:52:09 -0800
    In Conservatorship of McQueen the California Supreme Court decided a unique issue concerning the interpretation of Code of Civil Procedure Section 685.040. Under that statute, a judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment, including statutory atto...
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  • Trial Court's Calculation of Lodestar Is Affirmed
    Mon, 21 Jul 2014 14:35:34 -0800
    By David McMahon and Mark Chuang In Syers Properties III, Inc. v. Rankin the California Court of Appeal for the First Appellate District affirmed the trial court’s grant of an award of attorney fees. The appellant contended that the trial court should not have awarded attorney fees f...
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Employment Law Observer

  • Hold the cellphone! Who pays if it’s work?
    Wed, 20 Aug 2014 22:07:24 +0000
    In an August 19, 2014, Daily Journal article, Hold the cellphone! Who pays if it’s work?, Michael Newman writes about a recent California appellate opinion providing employers insight into how they should reimburse employees for work calls make on private cell phone lines.  Newman notes, however,...
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  • Must Employers Reimburse Employees For Work Calls On Private Cell Phones?
    Wed, 13 Aug 2014 19:18:15 +0000
    In Cochran v. Schwan’s Home Service, Inc., the California Court of Appeal for the Second Appellate District dealt with the question of whether employers are required to reimburse employees for work-related calls made on their personal cell phones. Cochran involved a putative class action again...
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  • Standard for Class Certification of Independent Contractors Clarified by California Supreme Court
    Mon, 21 Jul 2014 21:27:51 +0000
    By Mark Chuang In Ayala v. Antelope Valley Newspapers, the California Supreme Court held that the proper test for determining whether newspaper carriers could proceed as a class on the issue of their employment status was the employer’s right to control their conduct, not how that right was exerc...
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