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Your search for ‘Wood Smith Henning & Berman LLP’ returned 92 results

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  • Article

    Nevada Plaintiff Represented On Contingency Fee Basis May Recover Entirety Of The Fee As Post-Offer Attorney Fees

    The Nevada Supreme Court, in an Opinion likely to have far-reaching ramifications for litigants and their attorneys, ruled that trial courts can award the entirety of a contingency fee as post-offer fees...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Virtual Building Inspections: Timesaver Or Liability Trap?

    COVID-19 opened the door to virtual building inspections in Florida. The pandemic caused a backlog of requests for inspections and Legislators hope to streamline the inspection process to help building officials catch up.
    United StatesReal Estate and Construction
Wood Smith Henning & Berman LLP
Wood Smith Henning & Berman LLP
  • Article

    California Legislation Conditioning Employment On Arbitration Is Not Completely Preempted By The Federal Arbitration Act: Chamber Of Commerce v. Bonta (Sept. 15, 2021)

    In a sharply divided decision, the 9th Circuit reversed a preliminary injunction that prohibited California from enforcing AB 51, which added California Labor Code § 432.6 and Government Code § 12953, ...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    PAGA Decision Protects Employers: PAGA Claimants Do Not Have Standing To Intervene Or Appeal Settlements Of Other PAGA Claims

    Lyft, Inc., the popular rideshare app that connects passengers in need of a ride to drivers who are willing to provide a ride, was recently hauled into court by three drivers...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Washington State Supreme Court Weighs In On Spearin Doctrine And Limiting Contractor Liability For Construction Defects

    The Spearin Doctrine dictates that a project owner impliedly warrants that the plans and specifications it provides are accurate and suitable, and can protect a contractor against liability.
    United StatesReal Estate and Construction
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Arbitrability Of PAGA Cases Before US Supreme Court

    In an important development, the United States Supreme Court agreed to review the California Court of Appeal opinion in Viking River Cruises v. Moriana, B297327 (Cal. App. Sep. 18, 2020)...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Circumstances Surrounding Fall In Emergency Room Dictated Proper Statute Of Limitations For Claim

    An emergency room patient was subject to the one year statute of limitations when she claimed she fell on the way back from the restroom due to medical personnel refusing to assist her.
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    NLRB Standardizes And Expands The Make-Whole Remedy

    The NLRB derives its authority from section 10 (c) of the NLRA.
    United StatesEmployment and HR
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    New Law Addresses Time Limit Settlement Demands

    Insurance industry professionals should take notice of a recent bill passed by the California legislature that will impact time-limited insurance settlements moving forward.
    United StatesInsurance
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Sunsetting Of Emergency Rule To Extend Time To Bring A Civil Action To Trials Spurs Confusion

    The COVID-19 pandemic caused unprecedented disruption to California's judicial system. As the pandemic continued, the Judicial Council of California and county court systems struggled to find...
    United StatesCoronavirus (COVID-19)
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    President Biden's Employer Vaccine Mandate Moves Forward

    On November 4, 2021, OSHA formally announced its emergency rule that puts into practice President Biden's directive that all employers with 100 or more employees must require their workers to get the COVID-19 vaccine or get tested every week.
    United StatesEmployment and HR
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    California Leads Nation In Preserving Remote Appearances; Proposed Legislation Allows Virtual Appearances, Testimony And Trials

    Top of mind for many legal commentators is whether remote appearances are here to stay. With courts across the nation resuming in-person trials, legal commentators are wondering whether...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Landowner Not Required To Warn Of Open And Obvious Danger That Was Necessarily Undertaken By Employee To Complete His Work

    Generally, a property owner is required to warn contractors performing work on their property of dangerous conditions. Where the condition is open and obvious, however, ...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Court Has Inherent Authority To Strike PAGA Claims As Unmanageable

    In a case of first impression, a California appellate court held trial courts possess the inherent authority to dismiss Private Attorney General's Act (PAGA) of 2004 (Lab. Code §2698 et. seq.)...
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    But The Contract Clearly Says They Are Independent Contractors! The Court May Not Agree

    In a case brought by newspaper carriers against the Sacramento Bee, the court ruled that they were not automatically classified as independent contractors, even though their contract clearly stated such ...
    United StatesEmployment and HR
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Beware: Arbitration Clauses Might Not Be The Costs-Saving Solution In The Long Run

    If the person suing can't afford to pay, defendants may be required to pick up the tab.
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Design Immunity May Not Shield A Public Entity From Liability Where It Failed To Warn Of A Known Danger

    Can a public entity rely upon design immunity where the public entity failed to warn of a design element that resulted in a dangerous condition of a roadway.
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    New York Insurance Law For 2022 Requires Significant New Disclosures And Obligations For Insurers And Defense Counsel

    At the close of 2021, Governor Hochul signed into law the New York 2022 Comprehensive Insurance Disclosure Act. This law provides for significant amendments to the Civil Practice Law and Rules (C.P.L.R.)...
    United StatesInsurance
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Second-Tier Subcontractor's Failure To Provide Prelien Notice Defeated Lien

    Contractors in the State of Washington have been watching closely a case involving prelien notice by subcontractors.
    United StatesReal Estate and Construction
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Article

    Teen's Invitation Allows For Parental Liabliity For Guest Injured On Their Property

    In Hoffmann v. Young, et. al, (2022) 13 Cal.5th 1257, the California Supreme Court held that a teen's parents were liable for injuries sustained by a guest while riding a motorcycle on the motocross track built on their property.
    United StatesLitigation, Mediation & Arbitration
    Wood Smith Henning & Berman LLP
    Wood Smith Henning & Berman LLP
  • Showing 41–60 of 92 results

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