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Category Archives: Litigation

When Pigs Fly?

As a result of the pandemic, many of us did not spend much time on airplanes in 2020. When things return to “normal” in 2021, at least one thing will be different in the air – you probably won’t see pigs, or miniature horses, birds, or rabbits in the cabins of commercial airliners. Until now, […]

The DOT Defines Unfair and Deceptive Practices

The US Department of Transportation (“DOT”) has been regulating unfair and deceptive practices for a long time pursuant to 49 U.S.C. 41712(a) (“Section 41712(a)”). While there have been many specific regulations enacted under Section 41712(a) to address consumer protection (i.e., price advertising, long tarmac delays, refunds and involuntary denied boarding), much of the airline industry […]

Be Careful of Arbitration Provisions

Most business people, and some consumers, are aware that many of the contracts into which they enter contain arbitration provisions. Such provisions typically provide that, should a dispute arise under the contract, the parties must utilize arbitration to resolve their differences instead of resorting to the civil courts. Although these provisions are so common that […]

California’s New Standard For Determining Workers’ Status Widens

Last year, the California Supreme Court abruptly changed the standard for determining whether a worker is an employee or independent contractor of the hiring company.  In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal.5th 903 (2018), a case involving delivery drivers for a package company, the Court unanimously held that a […]

Duty to Preserve Text Messages in Anticipation of Litigation

Under federal law, a party anticipating litigation has an affirmative obligation to preserve relevant documents and other tangible evidence.  With today’s prevalence of electronic data and devices, the scope of that duty as applied to electronically stored information (or “ESI”) is a frequently litigated issue and can give rise to sanctions if a party “fail[s] […]