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....
Month: November 2010
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...
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...
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...
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