Aaron Kaufmann Co-Editor-in-Chief of the Recently Published 2011 Supplement to The Fair Labor Standards Act, Second Edition
Aaron D. Kaufmann, who heads up Hinton Alfert Sumner & Kaufmann's employment practice, and Dennis M. McClelland served as Co-Editors-in-Chief on the recent BNA Books publication of the 2011 Supplement to The Fair Labor Standards Act, Second Edition. The supplement provides the latest updates on case law and regulation related to the Fair Labor Standards Act (FLSA)-the federal law governing overtime and minimum wage requirements. The treatise was published in cooperation with the Federal Labor Standards Legislation Committee of the ABA Section of Labor and Employment Law. Section publications provide a balanced forum for the views and professional development of practitioners in labor and employment law.
Aaron Kaufmann Inducted into the College of Labor & Employment AttorneysAaron Kaufmann was inducted into the College of Labor & Employment Attorneys at a ceremony held in Seattle, Washington on November 5, 2011. The ceremony honors a group of attorneys who have been elected as Fellows by a national committee for distinguishing themsleves as leading attorneys nationwide in the practice of Labor and Employment Law. To be dubbed Fellow, attorneys must meet the highest professional and ethical qualifications, demonstrate significant contributions to the field of labor and employment law for at least 20 years, and undergo a thorough vetting process.
Peter W. Alfert Successfully Defeats Summary Judgment in Valley Fever Case
In the case of Brown v. Discovery Builders, et. al, defendants, a developer and excavator, brought motions for summary judgment claiming that plaintiff Sheila Brown could not establish the cause of her Valley Fever infection. Partner Peter Alfert, along with co-counsel Karen Kahn, successfully opposed defendants' motions. This victory was groundbreaking for several reasons.
Valley Fever is a complicated medical condition. Valley Fever is the common name for coccidioidomycosis, a fungal infection which attacks the lungs and then disseminates to attack other organs. Valley Fever is caused by exposure to the Coccidioides fungus which is found in soil. While Valley Fever infections have unfortunately become fairly common, it can be very difficult to isolate and to prove the source of the Cocci fungus that caused the harm. Indeed, prior to HASK victory, the only published California "Valley Fever" opinion, Miranda v. Bommel, held that defendants were entitled to summary judgment.
We retained medical experts and specialists to identify the source of the fungus, determine the mechanism of exposure, and prove how the injury or illness occurred based on sophisticated technical and legal analysis. Legally, HASK distinguished Ms. Brown's case from the Miranda case. The court held that our client could rely upon expert opinions to identify the source of Ms. Brown's Valley Fever infection and that the Miranda case did not preclude Ms. Brown from her right to a trial by jury.
Mr. Alfert's success in the Brown case demonstrates our firm's commitment to successfully litigating challenging cases involving toxic substances.
Aaron Kaufmann - Speaking at National Employment Lawyers Association Conference
Attorney Aaron Kaufmann will be speaking at an upcoming conference for the National Employment Lawyers Association in Washington D.C. on Saturday, October 22nd, 2011. The topic of the panel concerns "Independent Contractor Misclassification." Mr. Kaufmann will be joined by two other speakers: Jennifer Brand, attorney with the United States Department of Labor, and Catherine K. Ruckelshaus, Litigation Director at the National Employment Law Project in New York City.
Senior Partner Peter J. Hinton is selected for inclusion in The Best Lawyers in America® 2012
Peter J. Hinton was recently selected by her peers for inclusion in The Best Lawyers in America® 2012 in the field of Personal Injury Litigation - Plaintiffs (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).
Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."
Peter J. Hinton and Elise R. Sanguinetti Receive Awards at Annual AAJ Convention
The firm is proud to announce that partners Peter J. Hinton and Elise R. Sanguinetti were honored at the American Association for Justice (AAJ) Annual Convention. AAJ held their annual convention during a five day period in July in New York. During the annual convention, AAJ honored members who have made outstanding contributions to the association, their communities, and the legal profession. Ms. Sanguinetti and Mr. Hinton were given special recognition.
Ms. Sanguinetti was recognized and awarded the Distinguished Service Award. This award is given each year by AAJ's outgoing president to members of the Board of Governors who provided exceptional support and assistance throughout his or her term.
Mr. Hinton was awarded the Howard Twiggs Commitment to Justice Award. This award is presented to trial lawyers who have made outstanding contributions to the safety and protection of American consumers and our civil justice system.
American Association for Justice Board of Governors re-elects Partner Elise R. Sanguinetti
On July 14, 2011, the Board of Governors for American Association for Justice (AAJ) elected Mrs. Sanguinetti to the Executive Committee of the organization for a third consecutive one year term. Partner Elise R. Sanguinetti is actively involved in AAJ. She is the co-chair of the National College of Advocacy, the chair of the National Finance Council, a past chair of the New Lawyers Division and immediate past chair of the Membership Oversight Committee. AAJ promotes justice and fairness for injured persons, safeguards victims' rights-particularly the right to trial by jury-and strengthens the civil justice system through education and disclosure of information critical to public health and safety. Through her involvement in AAJ and the Consumer Attorneys of California, Ms. Sanguinetti fights for consumers' rights in Washington D.C. and Sacramento ensuring consumer access to the civil justice system to protect those that are injured or otherwise harmed by the negligence or misconduct of others.
Elise R. Sanguinetti Writes Article on Preparing for Depositions
Partner Elise R. Sanguinetti authored an article titled "Preparing for Depositions" which was published in the American Association for Justice Women Trial Lawyers' Caucus Summer Newsletter 2011. This publication is circulated nationally and internationally to thousands of women trial lawyers. AAJ publications, such as the Women's Caucus Newsletter, keep members informed of news of the latest legal trends and developments in the civil law practice. Article: 2011 Summer WTLC Newsletter Preparing for Depositions.pdf
Elise R. Sanguinetti - Educational Teleseminar Regarding the Drug Fosamax
Partner Elise R. Sanguinetti on behalf of the American Association for Justice (AAJ) moderated an educational teleseminar about the drug Fosamax on June 22, 2011. Fosamax is a drug developed to help with bone loss and osteoporosis; it has been shown to have devastating side effects. Recent studies linking Fosamax with an increased risk of femur fractures is changing the landscape of the litigation which has been focused on osteonecrosis of the jaw, a painful and disfiguring jaw injury, along with necrosis of the hip, knee, and shoulder. AAJ Education offered the Fosamax teleseminar, to provide critical information needed to help those adversely affected by this drug. During the teleseminar, fellow attorneys learned about the drug's history, complications it can cause, potential damages and reviewed status of the current litigation. Elise is a frequent lecturer for local, state and national trial lawyer associations and is the co-chair of the National College of Advocacy in Washington, D.C.
Aaron Kaufmann Elected Fellow of the College of Labor and Employment Lawyers
We are proud to announce news that Aaron Kaufmann was recently elected Fellow of the College of Labor and Employment Lawyers - a prestigious organization that names the upper echelon of lawyers nationwide in the practice of Labor and Employment Law. To be eligible, Fellows must have practiced labor and/or employment law for at least 20 years and thoroughly vetted by a national committee. Aaron's election as a Fellow represents his recognition in the field of labor and employment law for distinguishing himself as an "outstanding professional who has made a sustained contribution" to the field and met the "standards of integrity, professionalism, and character." The annual installation of Fellows will take place in Seattle Washington on November 5, 2011 during the ABA Labor and Employment Law Section's Continuing Legal Education Conference.
Peter W. Alfert Awarded Victory in 9th Circuit Court of Appeals
On April 13, 2011, the U.S. Court of Appeals for the 9th Circuit awarded a victory to partner attorney Peter W. Alfert and his client, plaintiff Marcario Dagdagan, in an important civil rights case when it upheld a federal district court's decision denying qualified immunity to defendants. The defendants are two Vallejo Police officers, who are charged with carrying out a warrantless search and arrest during which it is alleged they used excessive force against the plaintiff.
Scott H.Z. Sumner Speaking Regarding Medical Damages, Lien and Reimbursement Claims
Scott H.Z. Sumner will be speaking at the Alameda Contra Costa Trial Lawyers' Association presentation of Medical Damages Quagmire: Pitfalls and Practical Advice on Medicare, Medi-Cal, Medical Damages Proof, Lien and Reimbursement Claims on Monday, April 25, 2011 at Jack London Square, Oakland, California. Mr. Sumner will be presenting along with Lawrence Lievense of Healthcare Financial Consulting Services. Scott will be addressing the professional and ethical implications and considerations involved in dealing with health insurer's reimbursement claims, particularly when such claims conflict with a client's best interests, and will also speak on the interplay of health insurance benefits and claims for damages in California personal injury cases, a topic on which Mr. Sumner is considered the foremost expert in the State.
Aaron Kaufmann to Speak on Independent Contractor Misclassification at U.C. Berkeley Law School in April
Aaron Kaufmann will be a guest lecturer at U.C. Berkeley Law School on April 18, 2011. He will be addressing employer's practices of misclassifying workers as "independent contractors" to avoid laws regulating employment.
Elise R. Sanguinetti - April Speaking Engagement
On April 29, 2011, Hinton Alfert Sumner & Kaufmann partner Elise R. Sanguinetti will present at the National College of Advocacy continuing education program in New Orleans, LA titled "Litigating Auto Collision Cases." In addition to speaking regarding "Tips for Quick Resolution of Your Automobile Case" at the seminar, Ms. Sanguinetti worked as a course advisor of the program with two other lawyers in creating the topics and proposing the appropriate speakers. For more information on the Litigating Auto Collision Cases seminar please visit American Association for Justice: Litigating Auto Collision Cases.
Medical School for Lawyers Webinar Series: Shoulder and Back Injuries Presented by Elise R. Sanguinetti
Elise R. Sanguinetti will be a presenter of a national TrialSmith webinar program created by San Francisco Trial Lawyers Association (SFTLA), Medical School for Lawyers Webinar Series on March 24, 2011. The program focuses on how to present expert testimony on a particular area of injury that educates the jury and creates a foundation to undercut the defense expert witness testimony. Elise Sanguinetti will discuss shoulder and back injuries.
Elise R. Sanguinetti Speaks at American Association for Justice Winter Convention in Miami, FL
On February 8, 2011, Hinton Alfert Sumner & Kaufmann partner Elise R. Sanguinetti spoke at the AAJ Winter Convention attended by over twelve hundred trial lawyers from all over the country. Ms. Sanguinetti's presentation was entitled "Negotiating ERISA Reimbursement Claims." Her presentation focused on ERISA preemption and how to best maximize your client's recovery by negotiating successfully with the health insurer.
Scott H. Z. Sumner Receives CAALA 2010 Appellate Lawyer of the Year Award
The Consumer Attorneys Association of Los Angeles (CAALA) selected Scott H. Z. Sumner as the recipient of the 2010 Ian Herzog Appellate Lawyer of the Year Award. This prestigious Award was presented at the CAALA Annual Awards and Installation Dinner on January 22, 2011 at the Beverly Wilshire Hotel, Los Angeles, California. In 2000, CALA created The Ian Herzog Appellate Lawyer of the Year Award to honor those who have made significant contributions to the legal profession and to society.
Mr. Sumner was recognized for his hard work and dedication to clarifying the law in personal injury cases, concerning damages that can be claimed and recovered for medical services. This issue impacts virtually every personal injury claim in the State of California.
Mr. Sumner has appeared as counsel for the plaintiff or as a friend of the court on behalf of the Consumer Attorneys of California (CAOC) in a series of cases resulting in published opinions from the Supreme Court and Courts of Appeal: Olszewski v. Scripps Health, 30 Cal. 4th 798 (2003); Parnell v. Adventist Health System/West, 35 Cal. 4th 595 (2005); Olsen v. Reid, 164 Cal. App. 4th 200 (2008); Howell v. Hamilton Meats & Provisions, Inc., 179 Cal. App. 4th 686 (2009); Yanez v. SOMA Environmental Engineering, Inc., 185 Cal. App. 4th 1313 (2010); and King v. Willmett, 187 Cal. App. 4th 313 (2010).
The Howell, Yanez and King decisions are presently pending review in the California Supreme Court, and will likely be decided this year when the court sets and hears oral argument in the Howell case.
Mr. Sumner is a member of CAOC and serves on the Board of Governors and Board of Directors of that organization; Alameda/Contra Costa Trial Lawyers Association (ACCTLA) President 2004; San Francisco Trial Lawyers Association, CAALA and American Association for Justice.
Hinton Alfert Sumner & Kaufmann Receives Best of the Bay Recognition!
Hinton Alfert Sumner & Kaufmann is honored to be awarded, 2010 Best Wrongful Death Attorneys in Northern California by the Kron4 viewers. Our segment airs on Kron4 Best of the Bay. Kron4 airs six days a week reaching millions of viewers each year. Hinton Alfert Sumner & Kaufmann is dedicated to representing individuals who have suffered significant personal or financial injuries and workers who have been denied workplace rights and protections.
The Law Firm of Hinton Alfert & Sumner is Pleased to Announce the Firm's Name Change to Hinton Alfert Sumner & Kaufmann
Aaron Kaufmann started up the firm's employment law practice in 2003. He has served as class counsel on scores of cases, recovering millions of dollars in back wages and expenses on behalf of workers. He has also successfully prosecuted claims for individuals who have suffered unlawful discrimination and retaliation in the work place. Aaron is a frequent writer and lecturer on wage and hour laws and employment class action litigation, and currently serves as the Co-Editor-in-Chief for the American Bar Association's treatise on the Fair Labor Standards Act. The addition of Kaufmann to the firm name reflects the importance of the employment law practice to our firm, and the outstanding contributions and accomplishments Aaron has made to the firm and to the legal community.
Class Certification Regarding Lawsuit Involving Meal Period Pay
Attorneys Aaron Kaufmann and David Pogrel are pleased to announce that they and their co-counsel obtained class certification for a group of garbage truck drivers. The Sonoma County Superior Court approved their motion for class certification in Escandon v. North Bay Corporation on December 30, 2010. The court's approval means that this lawsuit, involving plaintiff garbage truck drivers who have sued North Bay Corporation, can move forward as a class action for meal period pay.
Announcing New Associate
We are pleased to announce a new addition to our team. Mark T. Baller has joined our firm as an associate attorney. Mark has exclusively represented plaintiffs in civil litigation since he graduated from Stanford Law School in 2008. Mark will continue to work on toxic tort and serious injury cases, as well as class actions in state and federal court.
Reimbursement of Business Expenses. Overtime and Meal Period Pay for Installers
Attorneys Aaron Kaufmann and David Pogrel along with the Employment Law Center in San Francisco filed a lawsuit against Empire Today on December 2, 2010. The lawsuit alleges that Empire Today misclassifies its installer, working in California, as independent contractors. The lawsuit alleges that the company fails to pay the installers properly for business expenses and overtime and doesn't provide meal periods, as required by California law. Empire Today is a nationwide provider of installed carpets, flooring and window coverings.
Elise R. Sanguinetti Co-Chairs and Moderates Program Regarding Medicare Set Aside Trusts and Post-Settlement Issues
On October 7 and 8, Hinton Alfert Sumner & Kaufmann partner Elise R. Sanguinetti co-chaired and moderated a National College of Advocacy continuing education program in San Francisco titled "Medicare Set Aside Trusts-Post Settlement Issues." There were many topics discussed during the program including, but not limited to - Overview of Subrogation Law; Medicare: Subrogation and Set Aside Requirements; ERISA Reimbursement Claims; Waiver and Reduction of Lien Process and Tips for Quicker Resolution of Medicare Reimbursement Claims. For more information on the program please visit American Association of Justice.
Scott H. Z. Sumner Speaking Regarding the Collateral Source Rule
Scott H. Z. Sumner will be speaking at the Stanislaus County Bar Associations presentation of The Collateral Source Rule and its application in Howell v. Hamilton Meats, Yanez v. SOMA and King v. Willmett on October 15, 2010 in Modesto. Mr. Sumner is a plaintiff's advocate of the collateral source rule in the Courts and Legislature and has appeared and argued in the Olsen , Howell, Yanez and King cases, and filed amicus briefs in Olszewski and Parnell . In addition, Mr. Sumner is involved in the drafting of bills that resulted in Civil Code Section 3040 and Welfare & Institutions Code Section 14124.76.
Hinton Alfert & Sumner Receives Top-Tier Ranking in U.S. News & Best Lawyers National & Metropolitan Review
On Wednesday, September 15 th, 2010, U.S. News Media Group and Best Lawyers placed the Law Offices of Hinton Alfert & Sumner in the top tier of the Oakland metropolitan rankings in personal injury litigation. This ranking resulted from a comprehensive review of the US legal profession, whereby US News Media Group and Best Lawyers used both objective data and peer evaluations to conduct national rankings of 583 law firms in 39 practice areas and metropolitan rankings of 8,782 law firms in 81 practice areas.
Aaron Kaufmann Speaking on Independent Contractor Misclassification in October
Aaron Kaufmann will be a panelist at the Bridgepoint Continuing Education's Wage and Hour Program in San Francisco on October 7, 2010. He will be addressing the topic of employees being misclassified as "independent contractors." He will be addressing the same topic as a speaker at the American Association for Justice's Litigating Wage and Hour Fair Labor Standards Act (FLSA) Cases Seminar in Las Vegas on October 8, 2010.
September Speaking Engagements
Aaron Kaufmann will be a panelist at the American Conference Institute's 10th National Forum on Wage & Hour Claims and Class Actions held in San Francisco on September 14 and 15, 2010. The conference features prominent employment attorneys-plaintiff, defense, and -in-house counsel, and judges from throughout the state. Aaron will speak about new developments in wage and hour litigation, including wage claims for vacation time, donning and doffing (time spent dressing and undressing in work uniforms and equipment), travel time, and other off-site work.
Scott H. Z. Sumner will be speaking at the San Francisco Trial Lawyers Association (SFTLA) Seminar, Liens: The Art of Way - Recent Developments in Lien Resolution and Reduction in San Francisco on September 14, 2010. SFTLA promotes civil justice through education and trial advocacy. Scott will speak regarding recent developments in obtaining full value for medical bills at trial.
Attorney Scott H. Z. Sumner will also be speaking at the 1st Annual Donald L. Galine Master's Seminar "Lien on Me". "Lien on Me" is an interactive lien seminar presented by the Consumer Attorneys of California and San Mateo County Trial Lawyers Association. The seminar will take place on September 21st in Burlingame.
Consumer Rights
On August 26, Scott Sumner and Jeremy Lateiner filed a friend of the court (Amicus Curiae) brief for the Consumer Attorneys of California in Howell v. Hamilton Meats, a case now pending before the California Supreme Court. This case is of monumental importance to citizens of California who carry health insurance or Medicare, and who have to bring an insurance claim or lawsuit for injuries they have suffered. The question is whether a patient with health insurance should receive the benefits of their health coverage, or whether those benefits should go to the person or corporation that caused their injury. Big corporations and big auto and home insurers are fighting to reap savings on settlements and judgments at the expense of every person in California who pays health insurance premiums or works to earn health insurance.
The Supreme Court took the case after an appellate court in San Diego ruled in favor of Rebecca Howell, in an appeal in which Mr. Sumner both filed a brief on behalf of CAOC and argued at the court of appeal. Since then, Mr. Sumner has successfully argued the issue before appellate courts in San Francisco and Sacramento, in the cases of Yanez v. SOMA Environmental Engineering and King v. Willmett.
The victorious King v. Willmett decision was authored by Justice Cantil-Sakauye, who was confirmed August 25, 2010, to serve as the next Chief Justice of the California Supreme Court.
Aaron Kaufmann Becomes Co-Editor-In-Chief for the ABA's Treatise on the Fair Labor Standards Act
In August of 2010, Aaron Kaufmann became Co-Editor-In-Chief of the American Bar Association's treatise supplement on the Fair Labor Standards Act, a leading resource on the federal law governing overtime and minimum wage. He also serves on the Senior Editorial Board for this treatise, which authored the second edition due out later this Fall.
Technical Writers Recover for Overtime and Missed Meal Breaks
A $5 million settlement of claims for Sun Microsystems technical writers was approved by the court in July 2010. The settlement resolves overtime and missed meal break claims for a class of 152 technical writers employed by Sun Microsystems (now Oracle).
Superior Court Judge Joseph H. Huber signed the order granting preliminary approval of the settlement on July 20, 2010. A final approval hearing for the settlement is scheduled for October 8, 2010.
Technical writers working for Sun in California from September 2002 to February 2010 were eligible to participate in the class action. The Sun writers were reclassified as eligible to earn overtime when they became employees of Oracle as part of Oracle's acquisition of Sun completed this past February
The lawsuit was filed in September 2006 and it was one of the first to challenge the high tech industry's practice of treating technical writers as exempt from state and federal overtime laws. Since that time, industry leaders, such as Intel, VMWare, and Oracle, have reclassified their technical writers and begun paying them overtime compensation.
Aaron Kaufmann, partner at Hinton Alfert Sumner & Kaufmann and lead attorney representing the technical writers, predicts that the settlement will be popular with the class. "The average class member will receive more than $20,000 from this settlement and several will recover more than $50,000 depending on length of employment during the class period," said Kaufmann.
Elise R. Sanguinetti Honored with Prestigious Joe Tonahill Award
Elise R. Sanguinetti, partner at Hinton Alfert Sumner & Kaufmann APC, has been awarded the prestigious Joe Tonahill Award by the American Association for Justice (AAJ). Mrs. Sanguinetti received the award at the annual AAJ convention in Vancouver, Canada on July 12, 2010. The Joe Tonahill Award was established to honor the true spirit of Joe Tonahill, a highly dignified and ethical defender of the civil justice system; a peerless stalwart of the modern trial bar; an exemplary trial lawyer; a dedicated leader; a passionate motivator of lawyers new to the profession of trial law; and one who through his own selfless deeds and inspirations has created a legacy for generations to follow.
Elise is actively involved in AAJ, where she is an elected member of the Executive Committee, chair of the Membership Oversight Committee, and represents California on AAJ's Board of Governors. She is past chair of the New Lawyers Division and a past member of the Budget Committee. Locally, Elise is a past president of the Alameda Contra Costa Trial Lawyers Association and she serves on the Board of Directors.
Elise has demonstrated outstanding service and dedication to the consumers and the trial bar. She gracefully embodies the traditions and legacy of Joe Tonahill and our firm is proud and delighted that Elise has been recognized for such an honor.
Peter J. Hinton Named Oakland Area Personal Injury Litigator of the Year by Best Lawyers
Senior Partner Peter J. Hinton was recently named by the independent rating service Best Lawyers in America as the 2010 Best Personal Injury attorney in the Oakland Area. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For more than 25 years, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.
Peter is an experienced trial lawyer who has represented plaintiffs in all aspects of personal injury and wrongful death cases. He has served as lead counsel for the injured in such major litigation as the Oakland Hills fire and litigation arising from fires and explosions at the Tosco refinery. His cases have caused industries to change their safety practices and equipment design in such areas as paint ball safety, swimming pool cover warnings, soccer goals, and street and highway maintenance.
Outside Salespeople Paid for their Mileage and Other Work-related Expenses
Plaintiffs' counsel recently negotiated a $14.5 million settlement for current and former territory managers who incurred out-of-pocket expenses while serving US Foodservice clients in California. The class action claims covered business expenses such as costs for auto use (mileage, gas, insurance), cellular phones, and home office supplies that were not reimbursed by the company. The settlement was approved by the Court in June 2010.
Territory managers who worked for US Foodservice from February 1, 2005 to January 31, 2010 were eligible to participate. Payments averaged $14,000 each and some territory managers received more than $30,000.
Dave Pogrel, partner at Hinton Alfert Sumner & Kaufmann, is the lead HASK attorney on the case. Prior to the lawsuit, US Foodservice didn't pay its territory managers for any of their business expenses. This practice is common in the food service industry. Dave Pogrel and HASK are currently litigating two similar cases against Sysco and Roma Foods.
Drivers' Status as "Independent Contractors" to be Tested at Trial
Plaintiffs recently won an appeal of the district court's summary judgment ruling. The appellate court's decision was a great victory for the drivers whose claims have been on hold since August 2007 (when the appeal was filed). The appellate court ruled that the district (lower) court was incorrect when it decided that the plaintiffs were "independent contractors" rather than employees. ( Narayan v. Eagle Global Logistics (EGL) ) drivers can now continue with their attempt to recover unpaid business expenses, meal periods, overtime, and other compensation. The case is back in district court and litigation will likely resume in September 2010.
Plaintiffs' counsel look forward to pursuing this lawsuit which was brought on behalf of drivers misclassified as independent contractors by the company formerly known as EGL, Inc. in California. EGL was acquired by CEVA in the summer of 2007 and drivers who now work for CEVA are potentially part of this lawsuit. The case seeks to recover business expenses incurred on the job, including gas, maintenance and other costs incurred in using their own trucks and vans, insurance costs, and company fees and charges. Also, Plaintiffs seek to recover overtime and missed meal period wages for van drivers. The lawsuit covers the time period September 12, 2001 to present.
Peter Alfert Obtains Summary Judgment Against City of Vallejo
On January 6, 2010, Peter Alfert obtained summary judgment against the City of Vallejo for violation of our client's civil rights. The case arose out of an incident where Vallejo police officers entered his home without a warrant and arrested him. During the arrest, our client suffered catastrophic injuries. For more information see attached Order re Dagdagen v City of Vallejo, F.Supp.2d, WL 121309 (E.D. Cal 2010)
