November 2010 Archives

When Can a Plaintiff Recover Future Replacement Cost Damages in a Breach of Warranty Case?

Those who practice tort law routinely allege claims for future damages for, i.e., medical expenses or pain and suffering. But when can a plaintiff in a commercial case recover future damages? The issue is especially tricky in the context of breach of warranty claims.

The Accepted Work Doctrine - Dangerous Conditions Created by Contractors Do Not Necessarily Create Liability to Third Parties

Contractors need to be aware of The Accepted Work Doctrine in California. What is it? This doctrine provides that a contractor who builds according to an owner's plans and specifications will not be liable to third parties for injuries sustained by reason of a dangerous condition of their work.

State Supreme Court Interprets FEHA to Parallel the ADA

Under a recent California Supreme Court decision, the state Fair Employment and Housing Act now requires an individual alleging disability discrimination to establish that they are able to perform their job's essential duties before they can prevail in a lawsuit for discrimination. This case puts California law in line with federal law under the American's with Disabilities Act. California employers will be pleased that an employee alleging disability discrimination now has the burden of proof to establish that they can perform their position's essential duties.

Meal & Rest Pay - Murphy v. Kenneth Cole Productions

In the most important Employment Law case of the year, the California Supreme Court recently held that the "additional hour of pay" for employees missing meal and break periods is a wage and not a penalty, thus falling under the three-year statute of limitations instead of the one-year statute of limitations.

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