Dismissing Contract Action May Mean Attorney’s Fee Liability. Issue By: Vernice T. Louie Neeshat S. Khan v. Michael Shim Court of Appeal, Sixth Appellate District (December 29, 2016) Civil Code § 1717(b)(2) generally bars the award of attorneys’ fees after a voluntary dismissal of a breach of contract cause of action. In this case, the…

Issue By: Christine Balbo Reed Jennifer Augustus, et al. v. ABM Security Services, Inc. California Supreme Court (December 22, 2016) The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim of security guards who said that their on-call rest breaks were unlawful. In 2005, Jennifer Augustus (“Augustus”) filed the…

Issue By: Elizabeth I. Stewart Veera et. al. v. Banana Republic, LLC COURT OF APPEAL, SECOND APPELLATE DISTRICT (December 15, 2016) The Unfair Competition Law (Bus. & Prof. Code, §17200 et seq.) (“UCL”) and the False Advertising Law (Bus. & Prof. Code §17500 et seq.) (“FAL”) prohibit not only advertising which is false, but also…

Issue By: David Blinn Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA Court of Appeal, Sixth Appellate District (December 6, 2016) Historically, “other insurance” clauses in liability policies were designed to prevent multiple recoveries when more than one policy provided coverage for a given loss. Where such clauses are given effect, each…

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