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Newsletter
Apple Studio’s Casting Decision Protected By The First Amendment
Sexton v. Apple Studios LLC, 110 Cal. App. 5th 183 (2025)
Judge’s “Extreme and Bizarre” Comments Result In Reversal Of $10 Million Verdict
Odom v. Los Angeles Cmty. Coll. Dist., 110 Cal. App. 5th 470 (2025)
Unsigned Contract Cannot Form Basis For Summary Judgment
De la Cruz v. Mission Hills Shopping Ctr. LLC, 2025 WL 1218040 (Cal. Ct. App. 2025)
Company’s President And CFO Are Liable For Filing Inaccurate Tax Forms
Nazaryan v. FemtoMetrix, Inc., 2025 WL 1177060 (Cal. Ct. App. 2025)
Plaintiffs Waived Right To Arbitrate By Litigating In Court
Hofer v. Boladian, 2025 WL 1354795 (Cal. Ct. App. 2025)
Federal Court Lacked Jurisdiction To Confirm Zero-Dollar Arbitration Award
Tesla Motors, Inc. v. Balan, 134 F.4th 558 (9th Cir. 2025)
Prospective Meal Period Waiver Is Enforceable
Bradsbery v. Vicar Operating, Inc., 110 Cal. App. 5th 899 (2025)
PAGA Plaintiff Must Have Viable Individual Claim To Represent Other Employees
Williams v. Alacrity Solutions Grp., LLC, 110 Cal. App. 5th 932 (2025)
May 2025
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Newsletter
Welcome to April’s edition of our UK Tax Round Up. While this month has been quiet on the case law front, there have been a number of HMRC announcements and updates to prior published guidance along with published responses to consultations covering aspects of the salaried member rules, globally mobile employees, stamp taxes on shares and the permanent establishment, transfer pricing and diverted profits tax rules.
April 2025
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Newsletter
$2.16 Million Defamation Verdict Is Voided On Appeal
Hearn v. Pacific Gas & Elec. Co., 108 Cal. App. 5th 301 (2025)
USPS Employee’s Hostile Work Environment Claim Can Proceed
Lui v. DeJoy, 129 F.4th 770 (9th Cir. 2025)
Employer Did Not Violate FEHA By Denying Employee Disability Retirement Benefits
Lowry v. Port San Luis Harbor Dist., 109 Cal. App. 5th 56 (2025)
Employee’s Attorney And Expert Witnesses Were Properly Disqualified For Use Of Employer’s Privileged Information
Johnson v. Department of Transp., 2025 WL 829714 (Cal. Ct. App. 2025)
Sexual Harassment Lawsuit Cannot Be Compelled To Arbitration
Casey v. Superior Court, 108 Cal. App. 5th 575 (2025)
Arbitration Agreement Was Not Substantively Unconscionable
Vo v. Technology Credit Union, 108 Cal. App. 5th 632 (2025)
FAA Does Not Preempt California Anti-Arbitration Statute
Colon-Perez v. Security Indus. Specialists, 108 Cal. App. 5th 575 (2025)
District Court Improperly Remanded Action That Was Removed Under CAFA
Perez v. Rose Hills Co., 2025 WL 811096 (9th Cir. 2025)
Employees Who Recovered $140,000 Were Entitled To $200,000 In Fees/Costs
Villalva v. Bombardier Mass Transit Corp., 108 Cal. App. 5th 211 (2025)
March 2025
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Newsletter
Plaintiff May Defeat Federal Question Removal With An Amendment To Complaint
Royal Canin USA v. Wullschleger, 604 U.S. ___, 2025 WL 96212 (2025)
Disability Discrimination Claims Were Properly Dismissed Though Invasion Of Privacy Claims Survive
Wentworth v. Regents of the Univ. of Cal., 105 Cal. App. 5th 580 (2024)
Lowest Standard Of Proof Applies To Employer’s Defense Against FLSA Claims
EMD Sales, Inc. v. Carrera, 604 U.S. ___, 2025 WL 96207 (2025)
Employee Is Not Entitled To New Trial After Jury Awards Her No Emotional Distress Damages
Howell v. State Dep’t of State Hosps., 107 Cal. App. 5th 143 (2024)
Employer Could Not Recover Costs Under CCP § 998 In Wage/Hour Case
Chavez v. California Collision, LLC, 107 Cal. App. 5th 298 (2024)
Surgeon’s Whistleblower Claim Was Properly Rejected
Slone v. El Centro Reg’l Med. Ctr., 106 Cal. App. 5th 1160 (2024)
Employment Claims Against Religious Institution Are Barred By The First Amendment
Markel v. Union of Orthodox Jewish Congregations of Am., 124 F.5th 796 (9th Cir. 2024)
Employee Cannot Avoid Arbitration With “Headless” PAGA Claim
Leeper v. Shipt, Inc., 2024 WL 5251619 (Cal. Ct. App. 2024)
Non-Parties To Arbitration Agreement May Compel Arbitration Based On Equitable Estoppel
Gonzalez v. Nowhere Beverly Hills LLC, 107 Cal. App. 5th 111 (2024)
Arbitration Agreement Was Unconscionable And Thus Unenforceable
Jenkins v. Dermatology Mgmt., LLC, 107 Cal. App. 5th 633 (2024)
Arbitrator’s Findings Barred SOX Claim Filed In Court
Hansen v. Musk, 122 F.4th 1162 (9th Cir. 2024)
January 2025
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Newsletter
January 2025 AFRs and 7520 Rate
In re Estate of Jesse L. Beck, 557 P.3d 1255 (Mont. Oct. 29, 2024) – Montana Supreme Court Holds That a Cell Phone Video Cannot Be Admitted to Probate
Memorial Hermann Accountable Care Organization v. Commissioner, 120 f.4th 215 (5th Cir. Oct. 28, 2024) – Fifth Circuit Does Not Apply Treasury Regulation, Illustrating the Effects of the Loper Bright Decision
In Re James A. Reed Trust, No. 366701 (Mich. CT. App. Nov. 14, 2024) – Michigan Court of Appeals Reforms Trust to Comport With the Settlor’s Intent
IQ Holdings, Inc. v. Commissioner, t.c. Memo. 2024-104 (Tax CT. Nov. 7, 2024) – Tax Court Disallows Charitable Deduction Due to Lack of Contemporaneous Written Acknowledgment
In Re Estate of William F. McLoughlin, 104 Mass. App. CT. 752 (App. CT. Sept. 30, 2024) – Massachusetts Appeals Court Finds That Providing an Affidavit in Support of an Action Contesting a Will Did Not Violate the Will’s in Terrorem Clause
Godoy v. Linzner, 106 cal.app.5th 765 (CT. App. Nov. 13, 2024) – California Court of Appeal Invalidates Amendment to Trust as a Restraint on Alienation
Will of Richard Feigen, No. 2021-1075 (N.Y. Sur. Ct. Westchester Cnty. Nov. 29, 2024) – Westchester County Surrogate's Court disqualifies attorney and law firm under the Advocate-Witness Rule
January 2025
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Newsletter
Welcome to the November 2024 edition of our UK Tax Round Up. This month has seen publication of the Finance Bill 2024-25 and interesting cases on the loan relationship unallowable purpose test and the extent that tax applies to employment settlement payments. In addition, HM Treasury is asking for responses to its proposed changes to the carried interest tax rules, which will take effect from 6 April 2026.
November 2024
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Newsletter
Uber Not Liable For Injuries Caused By Off-Duty Driver
Kim v. Uber Techs., Inc., 105 Cal. App. 5th 252 (2024)
Solitary Sexual Harassment Claim Shields Entire Lawsuit From Arbitration
Liu v. Miniso Depot, Inc., 105 Cal. App. 5th 791 (2024)
Employer Did Not Discriminate/Retaliate Against Disabled Employee Absent From Work For More Than Four Years
Miller v. California Dep’t of Corr. & Rehab., 105 Cal. App. 5th 261 (2024)
Flight Attendant’s Discrimination Claims Should Not Have Been Dismissed
Wawrzenski v. United Airlines, Inc., 2024 WL 4750558 (Cal. Ct. App. 2024)
Manager’s Cross Claims Against Former Assistant Were Properly Dismissed
Osborne v. Pleasanton Auto. Co., 106 Cal. App. 5th 361 (2024)
Executive Order Mandating $15 Minimum Wage For Federal Contractors Violates Federal Law
Nebraska v. Su, 121 F.4th 1 (9th Cir. 2024)
PAGA Plaintiff Lost Standing Following Adverse Arbitration Award
Rodriguez v. Lawrence Eqpt., Inc., 2024 WL 4719479 (Cal. Ct. App. 2024)
Employer’s Attempt To Disqualify Judge Was Untimely
North Am. Title Co. v. Superior Court, 17 Cal. 5th 155 (2024)
Former COO Could Proceed With False Claims Act Lawsuit
Mooney v. Fife, 118 F.4th 1081 (9th Cir. 2024)
November 2024
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Newsletter
Welcome to September's edition of the UK Tax Round Up. This month has seen decisions on UK tax residence, VAT group eligibility and the Supreme Court’s ruling in the long running case involving the employment status of football match officials.
September 2024
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Newsletter
Co-Worker’s Single Use Of “N-Word” Can Create A Hostile Work Environment
Bailey v. San Francisco Dist. Attorney's Office, 16 Cal. 5th 611 (2024)
Co-Worker’s Social Media Posts Can Create A Hostile Work Environment
Okonowsky v. Garland, 109 F.4th 1166 (9th Cir. 2024)
Unions Lose Latest Attempt To Classify Uber/Lyft Drivers As Employees
Castellanos v. State of Cal., 16 Cal. 5th 588 (2024)
Termination Of Employment 56 Days After EEO Complaint Was Not Retaliatory
Kama v. Mayorkas, 107 F.4th 1054 (9th Cir. 2024)
Party To Contract May Assert Fraudulent Concealment Claim Under Certain Circumstances
Rattagan v. Uber Techs., Inc., 324 Cal. Rptr. 3d 433 (Cal. S. Ct. 2024)
Non-Compete Associated With Partial Sale Of Business Must Be “Reasonable” To Be Enforced
Samuelian v. Life Generations Healthcare, LLC, 104 Cal. App. 5th 331 (2024)
Former LA Times Columnist Was Properly Awarded $3.5 Million In Fees/Costs Following $1.25 Million Judgment
Simers v. Los Angeles Times Commc’s LLC, 104 Cal. App. 5th 940 (2024)
Discrimination Claim Of Worker Who Performed “Mostly Menial Work” For Buddhist Temple Was Barred
Behrend v. San Francisco Zen Ctr., Inc., 108 F.4th 765 (9th Cir. 2024)
PAGA Plaintiffs Did Not Have Standing To Intervene In Parallel Action Involving Overlapping Claims
Turrieta v. Lyft, Inc., 16 Cal. 5th 664 (2024)
Corporate Pilots Are Exempt From FLSA Overtime Pay
Kennedy v. Las Vegas Sands Corp., 110 F.4th 1136 (9th Cir. 2024)
September 2024
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Newsletter
September 2024 AFRs and 7520 Rate
In the Matter of the Niki and Darren Irrevocable Trust and the N and D Delaware Irrevocable Trust, No. 2019-0302-SG (Del. Ch., July 24, 2024) – Delaware Court of Chancery Holds Trust Decanting Void Due to Noncompliance with Statutory Requirements
Conn. Pub. Act No. 24-104 – Connecticut Uniform Trust Decanting Act
Florida Bar Trust Law Committee – Legislative Proposal Re: Amendment to Decanting Statute
Neal v. Lamb-Ferrara, 2024 Fla. App. LEXIS 4172 (Fla. Ct. App., 3d Dist., May 29, 2024) - Warning to Out of State Lawyers Who Advise Florida Residents on Trust/Estate Planning and Administration Matters
ABA Formal Ethics Opinion 511R – Confidentiality Obligations of Lawyers Posting to Listservs
Conley v. Conley (In re Conley Trust), No. 366180 (Mich. Ct. App., July 18, 2024) – Michigan Court Holds Beneficiaries Properly Issued K-1s in Connection with Transfer Made Pursuant to a Trust Settlement Agreement
FedEx Corp. v. United States, W.D. Tenn., No. 2:20-cv-02794 – District Court Requests Supplemental Briefing on Impact of Loper Bright Doctrine in a Federal Tax Case; Taxpayer and Government Unsurprisingly Disagree
IRS Promulgates Final Regulations and Additional Proposed Regulations with Respect to Required Minimum Distributions from Qualified Retirement Accounts
September 2024