Publications

WHEN DO YOU SETTLE A POLICY LIMITS CASE?

The Federal Ninth Circuit Court of Appeal, applying California law, has held that an insurance company may breach its implied duty of good faith and fair dealing by failing "to effectuate settlement where liability is reasonably clear, even in the absence of a settlement demand.

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ALTER EGO LIABILITY IN CONSTRUCTION

Contractors routinely face a number of liability threats as a cost of doing business. One that is occasionally overlooked is the threat of "alter ego" liability. Are you the alter ego of your company? And what does that mean exactly?

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MANDATORY ARBITRATION AGREEMENTS

For anyone considering the purchase of a condominium in California, time can be tantalizing. The time between when a case is argued before the California Supreme Court and when a ruling is issued can also seem like forever for the litigants and other interested parties.

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EXCESS DISABLED ACCESS (ADA) LITIGATION

California businesses have long struggled with "drive-by" Americans with Disabilities Act (ADA) lawsuits brought by "professional plaintiffs" represented by unscrupulous attorneys. Both the Federal and State Legislatures have struggled with finding a balance between providing access to the disabled, as well as protecting business from burdensome lawsuits.

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WAGE & HOUR UPDATE: THE DEPARTMENT OF LABOR IS CRACKING DOWN!

Employers, particularly restaurateurs in the Los Angeles area, need to be aware that the Department of Labor ("DOL") is increasing its surprise worksite visits and conducting immediate and unannounced wage and hour investigations. This news comes directly from Alfred Robinson, the acting Administrator of the DOL's Wage & Hour Division.

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ALLOWABLE OFFSETS IN UM/UIM CLAIMS

When defending against UM/UIM (uninsured motorist/underinsured motororist) claims, Nevada law allows for certain offsets, which may work to reduce the overall total exposure in UM/UIM claims for the insurer.

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