When Protected Leave Turns Into a Legal Dispute Key Takeaways: A CFRA interference claim under California law arises when an employer denies, restrains, or discourages eligible employees from using job-protected family or medical leave guaranteed by Government Code section 12945.2 and Title 2 regulations sections 11087 through 11094. Eligibility requires more than 12 months of…

The Wisconsin Direct Action Statute 632.24 and Why McGuinness Matters at Trial Key Takeaways: Wisconsin generally allows an injured person to name a liability insurer directly under the wisconsin direct action statute 632.24, meaning the insurer can appear as a party the jury sees. Under the Stoppleworth rule, courts should apprise jurors of the names…

When A Reckless Homicide Charge And The Wisconsin Direct Action Statute 632.24 Reshape A Pedestrian Injury Case Key Takeaways: A criminal reckless homicide charge in a Madison pedestrian death can strengthen a parallel civil claim, but the two proceedings remain legally distinct. Wisconsin applies a modified comparative negligence rule that reduces, and sometimes bars, recovery…

Protecting Your Underinsured Motorist Claim Before the Settlement Deadline Passes Key Takeaways: Under Neb. Rev. Stat. § 44-6412(2), once you reach a tentative agreement to settle for the at-fault driver’s liability limits, you must send written notice by certified or registered mail to your underinsured motorist carrier. The notice must include written documentation of lost…

How California Employers Try to Shrink Harassment Damages at Trial Key Takeaways: The avoidable consequences doctrine under CACI 2526 is a California employer affirmative defense in FEHA supervisor sexual harassment cases that can reduce, but not eliminate, a plaintiff’s damages. To use it, the employer must prove it took reasonable steps to prevent and correct…

Two Different CFRA Claims, Two Different Ways Employers Get It Wrong Key Takeaways: CFRA interference and retaliation are distinct legal theories that can both arise from a single termination. Interference focuses on whether the employer denied or obstructed the leave entitlement, including reinstatement to the same or comparable position, without requiring proof of motive. Retaliation…

When the Clock Stops: Understanding Tolling in Wisconsin Therapist Abuse Cases Key Takeaways: Wisconsin law recognizes that therapist sexual misconduct can prevent survivors from reporting. Wis. Stat. § 939.74(4) excludes periods when a victim was unable to seek a complaint because of the sexual contact or the therapist’s threats, instructions, or statements, extending criminal windows…

Understanding the Two-Part Eligibility Test Behind California Family Leave Key Takeaways: Redondo Beach employees need 1,250 hours of service in the previous 12 months to qualify for CFRA leave, plus more than 12 months of service with the employer. Under Cal. Gov’t Code § 12945.2(a), the employer must have at least five employees, far lower…

Why New Hires in Redondo Beach May Have Pregnancy Leave Rights Immediately Key Takeaways: Yes, pregnancy disability leave (PDL) can begin on day one of a new job in Redondo Beach because California’s PDL statute, Government Code § 12945, sets no minimum tenure or hours-worked requirement. Eligibility depends on reasonable advance notice of medical need,…