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June 2013 Archives

Pregnant women entitled to employment claims in California

Are pregnant workers in California at risk? Employment claims take on many shapes and sizes. It's hard to believe, in the year 2013, that people still lose their jobs over discrimination. However, it appears that pregnant employees, especially those who work in low-wage jobs, are often terminated or forced to take unpaid leave prior to giving birth. These actions could form the basis for employment claims of discrimination by those affected.

Oxford Health Plans v. Sutter

Perhaps some will view the US Supreme Court's ruling in Oxford Health Plans v. Sutter as a surprise in the Court's jurisprudence in class actions. Between cases like Stolt-Nielsen and Concepcion the general perception of the Supreme Court in class action cases has been hostile to employees and consumers who find themselves in conflict with employers or businesses.

Brown v. Superior Court

The California Appellate Court has directly addressed the limitations of Concepcion v. AT&T in Brown v. Superior Court. At issue in Brown was whether an arbitration agreement that forbade representative actions, in this case a PAGA action was legal. While not a class action per se, representation actions share similarities with class actions in that they seek redress for a group of employees that may not be feasible in an individual action.

Johnson & Johnson the focus of recent consumer litigation

Many California readers are familiar with Johnson & Johnson, which has grown to become one of the nation's top healthcare and pharmaceutical companies. The company is also the focus of a recent class-action suit filed on behalf of nursing home residents and their families. The consumer litigation claims that Johnson & Johnson intentionally worked to push its pharmaceutical products on nursing home residents, in violation of federal law.

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