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McCormick, Barstow, Sheppard, Wayte & Carruth LLP Document Search Results (6) Sort by:  | Employment Laws and Regulations: What’s New for 2012
Christina C. Tillman; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article December 27, 2011, previously published on December 22, 2011 As most California employers have learned by now, it is getting more and more difficult to own a business in California due to the ever-increasing employee-friendly laws that make “extortion” lawsuits convenient and perfunctory, even with the most justified of terminations. To minimize...
| | Disability Discrimination And The Obligation To Provide Reasonable Accommodation: The Interactive Process
Deborah A. Byron; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article October 26, 2011, previously published on October 21, 2011 Under the Fair Employment and Housing Act (FEHA) and the Americans With Disabilities Act (ADA), an employer is liable for failure to reasonably accommodate the known or perceived disability of an employee. The elements of a failure to accommodate claim under the FEHA are: (1) plaintiff suffers from...
| | Let Them Eat Cake, Just Not For a Pound of Flesh: A Critique of the Application of the Collateral Source Rule in Howell v. Hamilton Meats & Provisions, Inc.
Dean P. Petrulakis; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article May 9, 2011, previously published on April 28, 2011 “Let them eat cake,” is normally attributed to Queen Marie Antoinette, although apparently there is no record that these words were ever voiced by her. Nonetheless, the words are attached to a French princess upon learning that the peasants had no bread, reflecting the princess’...
| | Builders Beware: Model Homes May Be Subject to the ADA
Christina C. Tillman; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article April 6, 2011, previously published on April 1, 2011 There is no better time and place for a sales pitch than when prospective home buyers are examining the model unit. However, this sales approach in the model home may leave developers vulnerable to the slew of litigation that has been rampant in the Central Valley for the past few years.
| | Claim of "Wrongful Foreclosure" Takes a Rightful Hit in the Court of Appeal
Timothy J. Buchanan; McCormick, Barstow, Sheppard, Wayte & Carruth LLP;
Legal Alert/Article March 14, 2011, previously published on March 9, 2011 The economic downturn of the past three years has spawned a cottage industry of lawsuits against banks and other lienholders for “wrongful foreclosure.” Property owners are struggling to come up with legal grounds to push back against foreclosures, and creative lawyers have been able to...
| | Conversion of Cash Does Not Constitute "Loss of Use of Tangible Property" under CGL Policy
McCormick Barstow Sheppard Wayte Carruth LLP;
Legal Alert/Article March 11, 2011, previously published on March 1, 2011 ANI contracted with Mission Federal Credit Union to service its cash distribution machines. It was subsequently discovered that an ANI employee had stolen approximately $2 million in cash from Mission Federal. Mission Federal made a claim against its fidelity bond holder, Cumis Insurance Society,...
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