Employment – Evidence regarding Section 504(a) of the LMRDA acquired after an employer makes a decision subject to suit under the FEHA cannot bar an employee’s ability to establish a prima facie case for liability.
9
May
May
Cases of Interest
Civil Procedure – Advance payment of damages for medical malpractice injury tolls MICRA’s one-year (but not 3-year) statute of limitations.
Federally licensed motor carrier cannot escape liability for injuries suffered by independent contractor.
6
May
May
Primary assumption of the risk precluded recovery by kickboxing student where there was no evidence of instructor increasing inherent risk of the sport. Liability waiver barred recovery where there was no evidence of gross negligence.
5
May
May
Substantial evidence supported trial court’s finding that carrier did not violate Federal Motor Carrier Safety Regulations, and even if a violation did occur, it was not the proximate cause of plaintiff’s injuries.