Ninth Circuit Approves AB 5 Enforcement
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Tagged in: court of appeals
Court Rules In Lyft Driver Injury Case
A Lyft driver repeatedly stabbed by a passenger who had a lengthy criminal record sued the company for negligence. The driver accused the company of failing to screen passengers as is required for drivers, failing to provide a safe workplace, and failing to provide workers’ compensation benefits for his injuries. However, the trial court and …
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Divided Court Finds Privette Doctrine Applies
The Fourth District Court of Appeal says a building owner and its management company are owed summary judgment to defeat a negligence claim filed by the employee of a subcontractor injured while working on their property. The court’s majority says the issue is covered by the long-standing Privette Doctrine and that none of its recognized …
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Applicant’s Attorney, Hearing Rep Face Sanctions
The Workers’ Compensation Appeals Board is giving an applicant’s attorney and a hearing representative 20 days to explain why they should not be sanctioned some $40,000 for allegedly using frivolous tactics to delay workers’ comp cases. The WCAB also says in an en banc order that it will also consider awarding attorney fees and costs …
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Ninth Circuit Considering Arguments In AB 5 Challenge
The Ninth Circuit Court of Appeal’s full panel is reviewing arguments by Uber, Postmates, and two drivers that there is no rational basis for California’s AB 5, which gives some industries exemptions from the ABC test for independent contractors while denying exemptions to others. The Court heard arguments late last month asserting that AB 5 …
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Court Reinstates Qui Tam Case Alleging Fraud
The Second District Court of Appeal says Allstate Insurance Company can proceed with its lawsuits alleging that a group of radiologists and other affiliates have been defrauding workers’ comp and auto insurance carriers by overbilling for radiology services. The carrier alleges the medical corporations are controlled by an unlicensed individual and operated as a referral …
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Court Limits Serious and Willful 50% Benefits Increase
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No Liability In Typhus Case
The Second District Court of Appeal affirmed a lower court’s dismissal of a lawsuit alleging the City of Los Angeles failed to remedy a dangerous condition on public property that may have led to a deputy city attorney contracting typhus. The lower court had held that under Government Code section 855.4, the city was immune …
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