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

LEGAL BLOG

Big PKSLLP Result

PKS was recently  able to successfully settle a long and  arduously litigated case involving a plaintiff who suffered a catastrophic and permanent disfiguring injury. The case was resolved under 6 figures after skillful negotiating by the PKS team, which included a well-crafted motion for summary judgment/adjudication which threatened the plaintiff’s [...]

March 26th, 2020|Categories: FIRM NEWS AND RESULTS, In The Courtroom and In The Boardroom, Legal Blogs|

California Appellate Court Rules that “Wage-and-Hour” Exclusion Does Not Bar Coverage for Employee Expense Reimbursement Claims

A.      Summary  In late 2019, a California appellate court ruled in a published decision, Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd's, London, 40 Cal. App. 5th 140 (Cal. Ct. App. 2019), that a wage-and-hour exclusion in an Employment Practices Liability Insurance ("EPLI") policy did not bar defense coverage for [...]

March 5th, 2020|Categories: Legal Alerts, Legal Blogs|

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|