Kelly O. Scott | ECJ Blogs As promised, Governor Newsom signed Assembly Bill 2257 which effectively rewrites Assembly Bill 5, the flawed law which sought to codify and clarify the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court and took effect on January 1, 2020. AB 2257 became effective upon signature. At approximately… Continue reading AB 2257: California Rewrites Independent Contractor Law…Again
Tag: california
California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference
Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In a case of first impression in the district, California’s Fourth District Court of Appeal found in Caliber Paving Co., Inc. v. Rexford Industrial Realty & Management, Inc. that an owner on a construction project could be liable to a subcontractor for the tort of intentional… Continue reading California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference
Court of Appeal Puts the “Equity” in Equitable Subrogation
Garret Murai | California Construction Law Blog Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the… Continue reading Court of Appeal Puts the “Equity” in Equitable Subrogation
A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Celia B. Waters | Saxe Doernberger & Vita Fresh off the heels of the California Supreme Court’s landmark decision in Montrose Chemical Corp. v. Super. Ct. of L.A. Cty. (“Montrose III”),1 policyholders scored another victory as another California court rejected horizontal exhaustion in the context of continuous injury cases. The Court of Appeal of the State of… Continue reading A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit
Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel In Trilogy Plumbing, Inc. v. Navigators Specialty Ins. Co. (No. G057796, filed 5/27/20, ord. pub. 6/18/20), a California appeals court ruled that an insurance bad faith lawsuit alleging a variety of claim handling misconduct in defending the insured was not subject to an insurer’s special Strategic… Continue reading Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit