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On April 21, 2021, the Second Appellate District of the Court of
Appeal of the State of California filed an unpublished opinion rejecting Uber s
attempt to enforce an arbitration provision that waived an
employee s right to bring a claim under the California Private Attorneys General Act (PAGA). This
statute authorizes aggrieved employees to file lawsuits
to recover civil penalties from employers for violations of the
California labor code.
The plaintiff, Jonathan Gregg, filed a lawsuit against Uber in
August 2018, alleging that the ride-share company willfully
misclassified him as an independent contractor rather than an
UNITED STATES SUPREME COURT
United States Supreme Court Holds Due Process Permits Exercise
Of Specific Personal Jurisdiction Over Out-Of-State Vehicle
Manufacturer For Product Liability Claims For Harm To Forum
Residents From In-State Accidents Even Though Defendant Did Not
Design, Manufacture Or Sell Vehicles At Issue There, As
Defendant s Current In-State Advertising, Sales And Servicing
Of Same Vehicle Models Were Sufficiently Related
Contacts To Support Jurisdiction
MASSACHUSETTS
Massachusetts Supreme Judicial Court Holds That In Most
Negligence Cases, Including Those With Multiple Potential Causes, But-For, Not Substantial Contributing
Factor, Is Correct Factual Causation Standard, But In Rare Cases Involving Two Independently Sufficient
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Effective May 1, 2021, the Florida courts will transition to a
new summary judgment standard meant to align Florida s
summary judgment standard with that of the federal courts and of
the supermajority of states that have already adopted the federal
summary judgment standard.
In re Amends. to Fla.
Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020).
Consistent with this amendment, Florida Rule of Civil Procedure
1.510 has been amended to adopt the federal summary judgment rule,
with exceptions for timing-related issues. The Florida Supreme
Court s most recent opinion on rule 1.510 and the text of new
Defendants not domiciled in a forum generally cannot be subject to jurisdiction unless there is a sufficient relationship between the defendants' conduct relevant to the lawsuit and the forum.
Can contracting parties waive all common law fiduciary duties? That was one of the questions presented to the New York Supreme Court, Appellate Division, First Department (the "Court") in 111 West 57th Investment LLC.