San Francisco, CA - Employment Law Lawyer

Google, Inc. and Alphabet, Inc. (collectively, Google), and Adecco USA,
Inc. (Adecco) require their employees to comply with various confidentiality
policies. John Doe, David Gudeman, and Paola Correa, who are current and
former Google and Adecco employees, sued Google and Adecco under the
Labor Code Private Attorneys General Act o... More...   $0 (09-25-2020 - CA)

Under California’s labor laws, “[i]f an employer discharges
an employee, the wages earned and unpaid at the time of
discharge are due and payable immediately.” (Lab. Code, § 201,
subd. (a).) Plaintiffs, security guards at what used to be named
AT&T Park in San Francisco and is now named Oracle Park (the
park), are suing San Francisco Baseball Associates LLC (the
Giants) for... More...   $0 (04-28-2019 - CA)

Trans fat has become increasingly recognized as a
dangerous substance and a leading cause of numerous serious
ailments, including heart disease and diabetes. Food and Drug
Administration (“FDA”) regulations govern the information
reported within a food product’s Nutrition Facts Panel on the
product’s label.1 As for trans fat, FDA regulations provided,
at all relevant times,... More...   $0 (10-09-2018 - CA)

Petitioners Post Foods, LLC, General Mills, Inc., General
Mills Sales, Inc., and Kellogg USA, Inc. petition for a writ of
mandate directing the superior court to vacate its June 26, 2017
order denying their motion for summary judgment and issue an
order granting the motion. We issued a stay pending this Court’s
resolution of the petition and an order to show cause why a writMore...   $0 (07-17-2018 - CA)

Port Medical Wellness, Inc. (Port Medical) sued the
International Longshore & Warehouse Union—Pacific Maritime
Association Welfare Plan (Plan), its Board of Trustees (Board),
and its former claims administrator, Connecticut General Life
Insurance Company (Connecticut General), seeking payment for
health care services provided to persons eligible for benefits
under the Plan.... More...   $0 (06-02-2018 - CA)

This matter is before this Court upon a June 9, 2017, order of the United
States Court of Appeals for the Fourth Circuit certifying the following question:
Whether West Virginia law permits a claim of failure to warn and negligent misrepresentation against a branded drug manufacturer when the drug ingested was produced by a generic manufacturer.
By order dated August 30, 2017, this Cou... More...   $0 (05-11-2018 - WV)

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

Defendant-Appellant Tennessee Wine and Spirits Retailers Association (“Association”) appeals the district court’s order granting summary judgment regarding § 57-3-204(b) of Tennessee Code Annotated. Under § 57-3-204(b), to
receive a retailer-alcoholic-beverages license, a person, corporation, or firm needs to be a
Tennessee resident for at least two years, and to renew a license, there is ... More...   $0 (02-26-2018 - TN)

The Orange County District Attorney brought an action for civil penalties
under this state’s unfair competition law (UCL; Bus. & Prof. Code, § 17200) and
fair advertising law (FAL; id., § 17500) against an employer. The action alleged
the employer violated workplace safety standards established by the state
occupational safety and health law (Cal/OSHA; Lab. Code, § 6300 et seq.) an... More...   $0 (02-11-2018 - CA)

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...   $0 (12-25-2017 - CA)

Can a debt collector avoid liability under the Federal Fair
Debt Collection Practices Act by obtaining the debtor’s
lawsuit through a writ of execution? We conclude that such
a procedure frustrates the Act’s purpose and is thus
preempted.

I

Patricia Arellano was overdue on a small amount of
medical debt—$371.89 to be precise. A private collection
agency, C... More...   $0 (11-19-2017 - NV)

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...   $0 (11-09-2017 - CA)

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...   $0 (11-07-2017 - CO)

In 2004, California passed legislation to prohibit the practice of force-feeding ducks or geese to produce foie gras, an expensive delicacy made from their liver. California determined that the force-feeding process, which typically involves inserting a 10- to 12-inch metal or plastic tube into the bird’s esophagus to deliver large amounts of concentrated food, is cruel and inhumane. The state the... More...   $0 (09-15-2017 - CA)

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Major’s smoking and his asbestos
ex... More...   $0 (08-31-2017 - CA)

Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa driver’s license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain ... More...   $0 (06-14-2017 - IA)

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...   $0 (05-18-2017 - FL)

It is the combination of errors in this prosecution that leads us to conclude that Jasso-Mendoza did not receive a fair trial. The confusing jury instructions, the judge's failure to answer the jury's question, and the prosecutor's misstatement of the law, when combined, all create an error that we cannot label as harmless. We must reverse and remand for a new trial.

Reversed and rema... More...   $0 (05-17-2017 - KS)

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou... More...   $0 (04-08-2017 - FL)