As we previously reported, a Los Angeles jury awarded one of the largest verdicts in history in a sexual assault case in June 2024, doling out a massive $900 million verdict in favor of a plaintiff in a suit against billionaire Alkiviades David. This week, however, a Los Angeles County Court found the damages award “shocked the conscience” and ordered the case to go
sexual harassment
Sexual Harassment Defendant Properly Challenged California Jurisdiction
Hardell v. Vanzyl, 102 Cal. App. 5th. 960 (2024)
Cailin Hardell sued Adrian Vanzyl among others for sexual assault and battery, sexual harassment and retaliation arising from an incident that occurred in Miami, Florida in March 2022. Vanzyl moved to quash service of the summons of the complaint on the ground that he was a non-resident of California and that he had insufficient contacts with…
$900 Million Jury Verdict Handed Down by Los Angeles Jury in Workplace Sexual Assault Case
This week a Los Angeles jury awarded a plaintiff nearly $1 billion in damages for workplace sexual assault. The defendant, billionaire Alkiviades David, suffered a staggering loss when a Los Angeles Superior Court jury doled out a massive $900 million verdict in favor of David’s former employee, who brought suit against him in 2020 alleging years of sexual assault, battery, and harassment. Plaintiff was hired…
March 2024 California Employment Law Notes
We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
…“Dispute” Does Not Exist Under Ending Forced Arbitration Act Until Employee Asserts A Claim Or Demand
Kader v. Southern Cal. Med. Ctr., Inc., 99 Cal. App. 5th 214 (2024)
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (9 U.S.C. §§ 401, et seq.) became effective on March 3, 2022. A “statutory note” to the Act states that the “Act shall apply with respect to any dispute or claim that arises or accrues on or after the…
January 2024 California Employment Law Notes
We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
…New Trial Of Sexual Harassment Claim Ordered Following Admission Of Evidence Of Other Employees’ Complaints Against Plaintiff
Argueta v. Worldwide Flight Servs., Inc., 97 Cal. App. 5th 822 (2023)
Eunices Argueta worked as an agent in the import department of the employer, a freight operations company, reporting to Dzung Nguyen whom she claimed had sexually harassed her. A jury returned a defense verdict, and Argueta filed a motion for new trial and for judgment notwithstanding the verdict, both of which…
November 2023 California Employment Law Notes
We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Company That Hired Competitor’s Employee Was Not Entitled To Arbitrate Claims
- Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
- Employee’s Attorney’s “Pervasive Incivility” Justified $460,000 Reduction In Fees
- Employees Were Properly Awarded $7.2 Million
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Once Again, Employer Loses Right To Arbitrate By Failing To Timely Pay Arbitration Fees
Doe v. Superior Court, 95 Cal. App. 5th 346 (2023)
An anonymous employee sued her former employer and former manager, alleging multiple instances of sexual harassment and assault. The former employer successfully compelled the case to arbitration. The deadline for the employer to pay the arbitration fees pursuant to Cal. Code Civ. Proc. § 1281.98(a)(1) was October 3, 2022, but the arbitrator did not…
Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration
When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on arbitration. We weren’t wrong – so far, there are additional bills pending in Congress to exempt age and race discrimination and harassment claims from arbitration. See H.R.4120 – Protecting Older …