News & Publications

Court Of Appeal Blazes ‘Middle Ground’ Approach To PAGA Intervention

On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee's attempt to vacate a $4.9 million Private Attorneys General Act (PAGA )settlement between Chipotle and other aggrieved employees. Porras is the latest case to address whether an employee who has brought suit under PAGA has standing to intervene in a separate PAGA action to challenge a court-approved settlement. While prior cases have [...]

California Court Of Appeal Affirms Trial Court’s Grant Of Summary Judgment To Defendants In Proposition 65 Coffee Case

TAKEAWAYS For Proposition 65 attorneys' fee claims, "enforcement of the law does not necessarily confer a significant benefit on the public." Section 998 offers in Proposition 65 cases cannot contain broad releases of claims beyond the scope of the litigation. Proposition 65 plaintiffs cannot "cast a wide net, identifying vast categories of products in hopes of catching something that would support a violation, and adjusting their claims according to developments in the litigation." Coffee generally [...]

Be Aware Of New Georgia Court Of Appeals Rules

The Georgia Court of Appeals has updated its rules on forms of briefs. Practitioners who rely on "shell" forms to start their briefs need to take a careful look at the Court's new Rules 25-27. The Court posted a helpful explanation on its website to explain the differences between the old and new Rules for briefing. Unlike the Eleventh Circuit, the Georgia Court of Appeals still does not require a Table of Contents or a Table of [...]