News & Publications

“Surprised” Court Of Appeal Rules That PAGA Plaintiffs Have No Right To A Jury

On February 18, 2022, in LaFace v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. Feb. 18, 2022), the California Court of Appeal (2nd District) ruled in a published decision that there is no right to a jury trial in claims brought under the Private Attorneys General Act (PAGA). The question was one of first impression for the Court of Appeal, which was “surprised that it took so long for the jury trial issue to present itself [...]

Ninth Circuit Holds That Nonparty Aggrieved Employee Has No Standing To Challenge PAGA Settlement

On February 11, 2022, the 9th Circuit issued its decision in Saucillo v. Peck, — F.4th —, 2022 WL 414692 (9th Cir. 2022), holding among other things that a nonparty aggrieved employee does not have standing in federal court to challenge a Private Attorneys General Act (PAGA) settlement. In doing so, it bucks a trend emerging in state court. In recent months, three California Court of Appeal cases decided whether a nonparty aggrieved employee has standing to [...]

Two Decisions From New York’s Appellate Division Show Unpredictability Of Appellate Courts

New York, N.Y. (February 17, 2022) - Two decisions from New York's Appellate Division, Second Department, demonstrate the unpredictability of the courts when reviewing jury verdicts in personal injury matters involving expert testimony.  New York Trial & Appellate Team Precludes Expert Liability Testimony, Jury Verdict Upheld Dismissing Kings County Sidewalk Claim In Curry v. Eastern Extension, LLC, the Appellate Division, Second Department recently upheld a jury verdict obtained by Lewis Brisbois in the plaintiff-friendly venue of [...]