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April 2016 Archives

Judge rules consumer fraud claims must go to jury in Trump case

A class action consumer case against Donald Trump and Trump University was filed in a federal court in California in 2010 by a disgruntled student. That action waits to get further direction forward even as a primary election battle comes to California, mixing politics unavoidably in the general aura of the stalled consumer litigation case. In another case that has been active recently, a state court judge in another state rejected the attorney general's request for a summary judgment on his consumer fraud complaint against Trump University.

Uber Class Action Lawsuits Reach Settlements

Have you ever wondered if Uber drivers were considered employees of Uber? This is a question that was part of a major class action lawsuit in California and Massachusetts. Employee misclassification is an important issue because if an employee is misclassified, he or she could be missing out on health insurance, retirement and other employee benefits. This is exactly why Uber drivers in these class action lawsuits brought forth their claim.

29 workers sue for employment discrimination due to age

The statutes against age discrimination protect employees who are age 40 and older from discrimination in hiring, firing, promotions, wages, benefits or layoffs solely because of their ages. The main federal statute, which applies in California and all other states, is the Age Discrimination in Employment Act. All states also have their own legislation against employment discrimination that complement the federal counterparts.

U.S. Women's Soccer Team files employment discrimination claim

The Equal Employment Opportunity Commission (EEOC) is the agency of the federal government that receives and decides employment discrimination complaints in California and all other jurisdictions in the country. Persons claiming employment discrimination generally start by filing a claim with the EEOC, often under the direction and auspices of their employment law attorneys. In rare cases, the EEOC itself will sponsor and pursue an important claim on behalf of discrimination victims in the federal courts.

Watch out for this mortgage servicer practice: Force-placed insurance policies

For years, mortgage servicers have been working hard to maintain their bottom lines at the expense of unsuspecting homeowners. One of the unethical practices that has come to light in the last few years affects homeowners who experience a lapse in their homeowners' insurance coverage. Mortgage servicers are forcing these homeowners into expensive insurance policies that not only support their own bottom line, but can also give them kickbacks from the insurance industry (the California Insurance Commissioner has raised concerns about the lack of arm's length transactions between lenders and insurers).

Supreme Court rejection of appeal affirms consumer fraud finding

Banks have a way of making their overdraft fees spiral out of control for certain unwary consumers who may be a bit too careless for their own good. Some customers of Wells Fargo decided to hold their bank to task for a policy of overdraft charges that they alleged to constitute consumer fraud and a violation of consumer protection statutes in California. They filed a class action case several years ago in a federal district court.

Covering costs at work? You should expect to be compensated

I recently published a white paper explaining what your rights are when you cover expenses on the job in California. If you have not yet taken look at it, I encourage you to take a few minutes and do so now. It could save you hundreds or even thousands of dollars.

Employment discrimination claim filed in federal district court

Wrongful termination cases dealing with alleged discrimination follow similar legal precepts and holdings nationwide, including in California. That is because employment discrimination cases are brought mainly under uniform federal statutes in federal district courts. In those cases where plaintiffs choose to proceed in a state forum, the state laws and legal principles are similar to federal law.

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