Several important topics are discussed in our December 2013 Newsletter. Please let us know if you have any questions or feedback for consideration. Thank you.
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The Direction of California Law for 2014

As 2013 draws to a close a couple of thoughts about the coming year and the direction of California law in general.  What do we expect to see in 2014 and what trends are we continuing to see?

California Law Cases
In terms of cases, the big case out there in California continues to be Iskanian.[Continue Reading]

By Eric Kingsley
Scope of Class Action Releases and Loss Aversion

Class Action releases are the most difficult part of a settlement. 

Once the number is reached the parties assume that the rest of the agreement will fall into place.  In conventional litigation that’s usually true, but class litigation has many more moving parts that can create impasses.  There are some serious pitfalls that parties should be prepared to address up front and anticipate before they put an end to your settlement.

The first issue to consider is the WHO (Who is going to be released?). While on the surface this seems self-evident, its not as straightforward as it may seem. [Continue Reading]
The Great Seal of the State of California
PAGA Claims
(Private Attorney General Act)

How much is allocated to the State of California in PAGA claims?  

In a recent case handled by Kingsley & Kingsley, a case settled for $1,500,000 and over $400,000 of the claim was allocated to PAGA (Private Attorney General Act).  The PAGA claim pursuant to statute has to allocate 75% of the proceeds or over $300,000 to the Labor Workforce Development Agency, a branch of the State of California.  This was a very large amount, but the nature of the claim was such that a large portion of the exposure flowed through the PAGA exposure, as such it seemed appropriate to allocate the dollars in this way.  Have other plaintiff’s firms paid such . . .  [Continue Reading]

Kingsley Argues Forcefully in Front of the 9th Circuit

In a likely win for the firm, the 9th Circuit on December 5, 2013 seemed poised to reverse a lower court ruling denying class certification where plaintiff was given no opportunity to conduct discovery.  Listen to the argument here.   It could be several months before they render a decision.  The case was Joseph Perez v. Safelite Group, Inc.

Case Name:Joseph Perez v. Safelite Group Inc
Case Number:12-55657
Hearing Location:Pasadena, CA
Hearing Date:12/05/2013
Listen to recording for case: Joseph Perez v. Safelite Group Inc, No. 12-55657

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