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Legal Blog 2018-06-25T10:51:14-07:00

LEGAL BLOG

U.S. Supreme Court Unanimously Rejects “Wholly Groundless” Exception to Court Deference to Contract Provision Providing the Arbitrator Determines Issues of Arbitrability

On January 8, 2019, the first day available for announcement of decisions by the Court, the United States Supreme Court again reminded all of the high court’s deference to parties’ contractual agreements regarding arbitration.  In his debut opinion for the Court, Associate Justice Brett Kavanaugh rejected the so-called “wholly groundless” [...]

January 17th, 2019|Categories: Legal Alerts, Legal Blogs|

Code of Civil Procedure Section 998: Understanding the Burden of Proof and Good Faith Requirements Regarding 998 Offers

In the case of Licudine v. Cedars-Sinai Medical Center (opinion filed 1/3/19), the plaintiff served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 on the defendant 19 days after filing the complaint and 5 days after the defendant answered the complaint.  The 998 offer is [...]

January 8th, 2019|Categories: Legal Alerts, Legal Blogs|

In the Age of Data Mega-Breaches, Delaware Chancery Court Explains Legal Standard for Imposing Oversight Liability on Corporate Directors

December 1, 2016 Paul K. Schrieffer, Esq. P. K. SCHRIEFFER LLP In Reiter v. Fairbank, C.A. No. 11693-CB (Del. Ch. Oct. 18, 2016), the Delaware Court of Chancery recently discussed the standard under Delaware law for imposing oversight liability on corporate directors. The case involved a derivative action by a [...]

December 2nd, 2016|Categories: Legal Blogs|

California Appellate Court Rules Class Certification Appropriate in Wage and Hour Violation Lawsuit

November 30, 2016 Paul K. Schrieffer, Esq. P. K. SCHRIEFFER LLP On November 21, 2016, the California Court of Appeal, Second Appellate District, Division Four, in a published decision, reversed the Trial Court’s Order decertifying a class in a lawsuit for violations of the California Labor Code. See, Lubin v. [...]

November 30th, 2016|Categories: Legal Blogs|

Employment Handbook Not a Contract By Its Terms

August 24, 2016 Paul K. Schrieffer P. K. SCHRIEFFER LLP The California Court of Appeal, Second District, has refused to enforce an arbitration provision in an employment handbook. The appellate court held that because the company's "welcome letter" to employees stated that the handbook does not constitute an express or [...]

August 24th, 2016|Categories: Legal Blogs|