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February 2010 Newsletter |
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 | Jaimez v. DAIOHS USA: Confronting the Strategic Use of Employee Declarations to Overcome Class Certification.
by MATT C. BAILEY, ESQ. |
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On February 8, 2010, the Second District granted numerous requests (including one filed by Khorrami Pollard & Abir) to publish its decision in Jaimez v. Daiohs USA, Inc., 2010 Cal. App. LEXIS 156 (2010). The Court’s opinion is an important one, as it impacts what a trial court may properly consider when certifying a class.
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| Standing and the Animal Welfare Act: Proving Injury in Fact
By CRYSTAL YAGOOBIAN, ESQ. |
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In 1966, pursuant to its power to regulate interstate commerce, Congress created the Federal Laboratory Animal Welfare Act (“FLAWA”). FLAWA was the first legislative attempt to regulate the growing animal research industry but has since been renamed the Animal Welfare Act (“AWA”), and the scope of its coverage has been expanded to include any warm-blooded animal “being used, or is intended for use, for research, testing, experimentation, or exhibition purposes, or as a pet.” Despite this expansion, there are numerous problems with this statute that have rendered it ineffective for plaintiffs bringing claims on behalf of abused and mistreated animals.
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| Overtime Abuses in The Face of Economic Crisis
By ABI GNANADESIGAN, ESQ. |
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California and Federal overtime laws exist to protect workers’ rights to overtime pay, but in the face of difficult economic conditions, there will be those who try to take advantage of the system. In an economy where almost no business is immune to layoffs and cutbacks, some employees are willing to work longer and harder to make sure they keep the jobs they have.
[Read More]
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