(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Significantly, in Yanowitz the California Supreme Court addressed this tolling concept as it relates to the continuing violation doctrine: In Richards, we recognized…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.) PLAINTIFF HAS AMPLE EVIDENCE TO DEMONSTRATE A TRIABLE ISSUE OF FACT ON HER RETALIATION CLAIMS (CLAIMS 3, 4, 11, 12) PLAINTIFF HAS…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) The intersection in question is, to say the least, unusual. There is a stop light that controls north and southbound traffic on…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) THE STATUTE OF LIMITATIONS WAS TOLLED WHILE PLAINTIFF FOUGHT FOR HIS JOB A. Retaliation and Discrimination In Yanowitz, the California Supreme Court held…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.) Once a prima facie case of discrimination is established, the burden is on the employer to offer a legitimate nondiscriminatory reason for…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident/personal injury case and its proceedings.) Plaintiff’s Trial Brief Factual Background and Disputed Issues This is a traffic collision personal injury action that arises from an October 31,…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) Significantly-and fatally for the defendant’s statute of limitations argument-the jury returned a verdict in favor of the plaintiff on his claim for failure…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.) The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/insurance coverage case and its proceedings.) Defendant’s underwriters state that they act as soon as they receive the relevant medical records. Yet underwiter Ms. Smith did not act…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.) 1) Sufficiently Similar in Kind Plaintiff presented evidence that retaliatory and discriminatory acts that were extremely similar in kind occurred both before and…