Claims | Judiciary.org

Five Compliance Reminders on Meal and Rest Breaks to Protect Against Costly Claims

California employers continue to face heavy scrutiny and litigation regarding their meal and rest break practices. Since the Brinker Restaurant Group v. Superior Court decision in 2012, courts have reaffirmed that compliance is measured by strict timing rules, not just having written policies in place. Here are five key reminders on the timing requirements and related obligations for meal and rest breaks in California:

1. Timing of Breaks

Meal Breaks
The Brinker decision makes it clear:

First meal break must

… Read the rest

Civil Law

Delaware Chancery Dismisses Claims in Viela Bio Merger Dispute

In a significant decision that clarifies the standards for determining controlling stockholder status, the Delaware Court of Chancery dismissed claims against AstraZeneca and Viela Bio’s directors in connection with Viela’s $ 3 billion sale to Horizon Therapeutics. The case, Sciannella v. AstraZeneca UK Limited et al., addressed whether AstraZeneca, which held a 26.7% stake in Viela, exercised control over the company and whether the merger was subject to business judgment review under Corwin v. KKR Financial Holdings LLC. Vice … Read the rest

Supreme Court

Smith urges “immediate review” of Trump’s immunity claims

Special Counsel Jack Smith rejected as “misguided” the suggestion by lawyers for former President Donald Trump that the Supreme Court should wait to decide whether Trump can be tried on charges that he conspired to overturn the results of the 2020 election. Emphasizing that the charges against Trump “are of the utmost gravity,” Smith contended that the “public interest in a prompt resolution of this case favors an immediate, definitive decision by this Court.”

In a 10-page reply brief … Read the rest

Civil Law

Plaintiffs’ “Misleading Marketing and Labeling” Claims Thrown Out in N.D. Ill. Popcorn Case

Today’s case is not about drugs or medical devices. It is about popcorn, a perfect prompt (or as good as ours ever get) for a rant about movies. We are working our way through the Oscar nominees, in anticipation of the upcoming Academy Awards. (Pre-apocalypse, we hosted an annual Oscar party, featuring good food, good wine, and just enough wagering – and cheating – for a bit of hostility.) As we watch this year’s slate, we long for the days … Read the rest

Supreme Court

Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

This Friday’s conference represents a significant date in the Supreme Court’s schedule: Based on the schedule prescribed by the court’s rules, it is the last conference at which a cert petition can be granted and the case heard during the court’s April sitting. Because it appears that sitting is mostly empty at … Read the rest

Supreme Court

Justices probe government’s authority to dismiss False Claims Act lawsuits

The Supreme Court heard oral argument on Tuesday in the case of Dr. Jesse Polansky, a whistleblower who had filed a claim on behalf of the government under the False Claims Act’s qui tam provision. The Department of Justice had initially allowed Polansky to proceed with the lawsuit against a company he accused of causing millions of dollars in false Medicare bills to the government, but after several years of litigation sought to force dismissal of the case. At … Read the rest