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Getting Back Your Right to Trial After Being Forced Into Arbitration

By Katie Rabago Many California employers require employees to execute arbitration agreements at the start of employment—these arbitration agreements waive an employee’s right to bring disputes with said employer in court. However, a California employer can potentially waive its right to compel arbitration of employment claims by failing to timely pay arbitration fees. Based on the general legal principle that a party to an arbitration agreement can waive its rights under that agreement through action or inaction, waiver can occur when a party’s conduct is inconsistent with their intent to arbitrate or results in prejudice to the other party. For ...

By |23/11/2023|

Holding Employers Accountable When They Consciously Disregard the Safety of Their Employees

by Adriana Valdez The California workers' compensation system is a program designed to provide benefits to employees who suffer work-related injuries or illnesses. In California, the workers’ compensation system is a no-fault system, meaning that employees can receive benefits regardless of who is at fault for the injury or illness. There are additional claims a worker can make to increase the benefits they receive as a result of a workplace injury. These include a civil “third party lawsuit” against someone or company other than your employer that caused your injury and a “serious and willful” claim against your employer. “Serious ...

By |11/11/2023|

Weed Slayer Litigation False Advertising

We are representing all consumers that purchased Weed Slayer as well as a sub-class of commercial growers who suffered harm to their sales or reputation because they can no longer sell their affected crops as organic. Class Action Lawsuit has filed a federal class action lawsuit in the Northern District of California on behalf of consumers who purchased the popular herbicide Weed Slayer, alleging that its manufacturer, Agro Research International, falsely represented that the herbicide was organic and contained only natural ingredients. The lawsuit contends that, in reality, Weed Slayer contains synthetic chemicals—glyphosate and diquat—that are prohibited by federal law for use ...

By |29/12/2021|

San Jose State University Sexual Abuse

We are representing several former student-athletes at San Jose State University (“SJSU”), alleging that they were the victims of sexual abuse, harassment, and discrimination by employees of California State University (“CSU”), including former SJSU athletic trainer Scott Shaw. Sexual Abuse Claims The claims allege that the CSU knew of a pattern of repeated sexual abuse by Shaw but was “deliberately indifferent to a substantial risk of sexual abuse to its students.” Instead of taking action against Shaw following an internal investigation in 2009-2010, the CSU promoted him to lead the department, during which time the claims allege his sexually abusive ...

By |29/12/2021|

Press Release SJSU DOJ

 represents a number of former San Jose State University (SJSU) student-athletes who allege they were sexually abused by athletic trainer Scott Shaw, and that SJSU knew of this pattern of abuse but failed to take any action to protect its students. Our clients allege that SJSU minimized and ignored their reports, stating in an official finding in 2010 that no inappropriate conduct occurred. For over a decade, our clients were led to believe that conduct they suffered was permissible. Last year, SJSU reversed its own findings, acknowledging that Shaw sexually harassed student-athletes, but took no position as to the ...

By |29/12/2021|

Lawsuit Alleges 150 North Pacific Red Salmon Cannery Workers Held in Forced Unpaid Quarantine at Crowne Plaza LAX Hotel

A lawsuit filed today in San Francisco Superior Court alleges that up to 150 cannery workers are being held in unpaid confinement at the Crowne Plaza LAX Hotel. The suit alleges the workers, mostly young adults from Mexico and parts of the United States, are being forced to remain in their rooms for 14 days, are being provided only two meals and are forbidden to access any hotel services. ​The suit alleges on June 2, 2020, prospective cannery workers from Mexico and other parts of the United States were directed to travel to the Crowne Plaza LAX Hotel. The workers ...

By |29/12/2021|

Gig-Sharing Litigation Employee Misclassification

We are NO LONGER representing Instacart delivery workers across the country in pursuing class action lawsuits for misclassification as independent contractors. However, we are still investigating claims against other gig-sharing companies and have an active case--currently up on appeal--against Postmates. Instacart Class Action Lawsuit Settlements The Instacart workers formerly represented by claimed they were entitled to be reimbursed for expenses, such as fuel, parking fees, vehicle maintenance, and vehicle-related insurance. Additionally, they contended that Instacart has refused to pay their wages, overtime wages, income tax contributions, and certain benefits required by state and federal law. They also contended ...

By |29/12/2021|

Healthnet Litigation Class Action Settlement News Release

Deadline Approaching for Current and Former Health Net Members in California To Submit Claims for Out-of- Network Medical Visits in 2014. Claim Forms Due June 25, 2018. ​Current and Former Health Net Members in California May Submit Claims for Out-of-Network Medical Visits in 2014. Details Consumers who were enrolled in an individual or family Health Net Preferred Provider Organization (“PPO”) health plan in 2014, and received out-of-network care from a doctor, may be entitled to a payment under a proposed class action settlement. Claim forms must be submitted to the Claims Administrator by June 25, 2018. Under the settlement, consumers ...

By |29/12/2021|

Facebook Litigation Privacy Rights Violations

Facebook's Sponsored Stories used the names, profile pictures, photographs, likenesses, and identities of Facebook users to advertise products and services without obtaining those users' consent. These ads were the subject of a lawsuit filed by in 2012 and a settlement was reached in 2013. Plaintiffs' Claims California law prohibits the use of a person's name or likeness in advertisements without that person's consent. The Fraley v. Facebook case claimed the social media giant was harvesting the "Likes" if its users and converting them into what appeared to be personal endorsements paid for by Facebook advertisers. Since these endorsements were never disclosed to the ...

By |29/12/2021|

Demanda alega que 150 trabajadores de North Pacific Red Salmon Cannery están detenidos en cuarentena forzada sin paga en el hotel Crowne Plaza LAX

Una demanda presentada hoy en el Tribunal Superior de San Francisco alega que por menos 150 trabajadores de fábrica de conservas están detenidos sin paga en el Hotel Crowne Plaza LAX. La demanda alega que la mayoría de los trabajadores son adultos jóvenes de México y partes de los Estados Unidos que están obligados a permanecer en sus habitaciones durante 14 días, se les proporcionan sólo dos comidas y se les prohíbe acceder a los servicios del hotel. La demanda alega que el 2 de junio de 2020, estos futuros trabajadores de fábrica de conservas de México y otras partes ...

By |29/12/2021|
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