Class Certification is Necessary for Collateral Estoppel to Bar Unnamed Putative Class Members
January 27, 2012
By: Christopher P. Wesierski and Andrew Brown
Collateral estoppel, also known as issue preclusion, prevents issues that have been argued and decided in prior court proceedings from being relitigated. Importantly, collateral estoppel only applies to a li...
Read More posted by: on: Jan 27, 2012 @ 02:58
The Administrative Exemption is a Question of Fact and Not Law
January 19, 2012
By: Christopher P. Wesierski and Roxana Amini
Under California law, an employer is required to pay overtime to any non-exempt employee who works a period exceeding 8 hours in one day. Non-exempt employees are those who are paid less than $23,600 per yea...
Read More posted by: on: Jan 20, 2012 @ 10:03
Employers May Challenge Class Action Certification Without Losing the Right to Compel Arbitration
January 12, 2012
By: Christopher P. Wesierski and Roxana Amini
Arbitration clauses are common contractual agreements where the parties agree to resolve any disputes between a neutral third party, the arbitrator. The arbitrator will then make a binding decision regard...
Read More posted by: on: Jan 12, 2012 @ 01:43
§1983 Claim Survives Summary Judgment on Showing of Reckless Omission of Warrant's Material Facts
December 20, 2011
By: Christopher P. Wesierski and Ashley A. Reagan
In Bravo v. City of Santa Maria, the Plaintiffs Hope Bravo, Javier Bravo Sr. and their minor granddaughter, E.B., brought suit against Defendants City of Santa Maria, County of Santa Barbara and various other...
Read More posted by: on: Dec 20, 2011 @ 05:37
Disabled Persons Must Meet Nondiscriminatory Job Prerequisites To Qualify Under the ADA
December 20, 2011
By: Christopher P. Wesierski and Ashley A. Reagan
In Johnson v. Board of Trustees of the Boundary County School District No. 101, Plaintiff Patricia Johnson taught special education at the Boundary County School District ("School District") for ten years.&n...
Read More posted by: on: Dec 20, 2011 @ 05:14
The Brinker Prediction: It’s Time for Employees to Take Accountability and Take Lunch
December 3, 2011
By: Christopher P. Wesierski and Roxana Amini
Business owners, employees, and attorneys who are anxiously awaiting the Supreme Court to address two major issues concerning meal and rest period claims may have to wait a little longer. On Tuesday, November 8, 2...
Read More posted by: on: Dec 20, 2011 @ 09:43
Mr. Wesierski Elected to International Society of Barristers
As of November 2011, Mr. Wesierski was elected to the prestigious International Society of Barristers. You have to be asked to join that group and membership is limited to 600 members nationwide....
Read More posted by: on: Dec 08, 2011 @ 09:50
Chris Wesierski and Christian Counts Obtain Defense Verdict
Chris Wesierski and Christian Counts were able to obtain a defense verdict in a three week trial in Orange County in a case where the plaintiff demanded $4.4 million dollars in trial. Plaintiff claimed sexual harassment, breach of contract and intentional infliction of emotional distress.
Pla...
Read More posted by: on: Nov 16, 2011 @ 10:29
Perverse? Maybe. But Not Pervasive.
October 18, 2011
By: Christopher P. Wesierski and Roxana Amini
In recent years, the Fair Employment and Housing Act (FEHA) has become one of the most popular recourses for disgruntled former employees alleging sexual harassment in the work place. FEHA, which is adopted in Californ...
Read More posted by: on: Nov 03, 2011 @ 10:50
Doctor's Statements Are Not Enough to Raise Eyebrows
September 21, 2011
By: Christopher P. Wesierski and Roxana Amini
Like many women, Donna Hennigan wanted to enhance her appearance by getting permanent make-up. She sought the treatment of an aesthetician at a day spa to affix permanent tattooed pigment on her eyebrows and eyelids. This is a ...
Read More posted by: on: Sep 28, 2011 @ 02:40
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Firm Blog
- Class Certification is Necessary for Collateral Estoppel to Bar Unnamed Putative Class Members
- The Administrative Exemption is a Question of Fact and Not Law
- Employers May Challenge Class Action Certification Without Losing the Right to Compel Arbitration
- §1983 Claim Survives Summary Judgment on Showing of Reckless Omission of Warrant's Material Facts
- Disabled Persons Must Meet Nondiscriminatory Job Prerequisites To Qualify Under the ADA
- The Brinker Prediction: It’s Time for Employees to Take Accountability and Take Lunch
- Perverse? Maybe. But Not Pervasive.
- Doctor's Statements Are Not Enough to Raise Eyebrows
- Manufacturer Can't Always Seek Equitable Indemnity From Strictly Liable Defendants
- Gov't Liability for Dangerous Condition
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