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If it is done correctly, an employer can require an employee to agree to waive his/her right to a jury trial and submit all employment-related disputes to binding arbitration as a condition of employment. But can an arbitration clause also waive the employees’ right to bring or participate in a class action?
McCormick Barstow LLP has been chosen as the “Best Law Firm” in the Central Valley, according to a Best of Business Reader’s Choice Award program sponsored by the Fresno Business Journal. This is the inaugural year for this award program.
McCormick Barstow partner Victoria Bernhardt has received the Twenty-Fifth Annual Pauline Davis Hanson Award at a dinner recently held to honor Justice Hanson and bestow the award. The award was instituted by the Fresno County Women Lawyers and honors an attorney who best exemplifies traits that Justice Hanson lived and encouraged, such as integrity, leadership, and the pursuit of excellence in the legal profession.
Las Vegas, NV (October 28, 2014) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is proud to announce that Jared P. Green and Anne E. Padgett have been named as 2014 Top Lawyers by Desert Companion Magazine. Mr. Green and Ms. Padgett were both recognized for their accomplishments in Litigation.
Fresno, CA (July 10, 2014) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is proud to announce that 31 of its attorneys have been named 2014 Northern California Super Lawyers, and 10 attorneys were recognized as Rising Stars in their respective fields. For the 11th consecutive year, McCormick Barstow attorneys have been honored for their high degree of peer recognition and professional achievement.
McCormick Barstow attorneys Philip A. John and Daniel I. Aquino successfully obtained a complete dismissal of claims of bad faith, unfair claims practices, and unjust enrichment against their insurance company client in Nevada federal court.
McCormick Barstow partners Scott M. Reddie and Timothy J. Buchanan have obtained a complete victory in an appeal they filed for a client, who at trial had suffered a large money judgment in a family trust dispute.
Las Vegas, NV (June 16, 2014) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is proud to announce that Jared P. Green and Philip A. John have been named as 2014 Mountain States Rising Stars.
LAS VEGAS (June 16, 2014) - McCormick Barstow is pleased to announce that Jared P. Green has been named to the Nevada Business Magazine's 2014 Legal Elite. Since 2012, Mr. Green has been included in the Southern Nevada Top Attorney list for his expertise in Civil and Commercial Litigation.
Yosemite National Park played host to gateway elementary schools to celebrate Law Day 2014. This year’s event, sponsored by the U.S. District Court for the Eastern District of California, Yosemite Division and the San Joaquin Valley Chapter of the Federal Bar Association, focused on the 150th anniversary of the Yosemite Grant Act of 1864.
In a published opinion, a unanimous three-judge panel of the Fifth District Court of Appeal has concluded that the California Vehicle Code only prohibits a driver from holding a wireless telephone while conversing on it. The statute does not apply to other uses of a wireless telephone, including looking at a map application. In so holding the court agreed with briefs filed by McCormick Barstow partner Scott M. Reddie, a State Bar-certified specialist in appellate law.
After seven years of litigation a federal district court has ruled that Google’s ambitious library scan project, under which 20 million books have been digitally copied and catalogued, is “fair use” under the federal copyright laws, ending (pending appeal) a massive infringement class action brought by an authors’ group. The article analyzes the court’s reasoning here in the context of the prevailing doctrine of “transformative” uses which can lead to unpredictable outcomes as technology finds creative new ways to copy materials and copyright holders struggle to keep their rights secure.
Las Vegas, NV (October 17, 2013) – McCormick, Barstow, Sheppard, Wayte & Carruth attorney Eron Z. Cannon succeeded in receiving a judgment in excess of $7 million for Allstate Insurance Company in a Racketeering Influenced in Corrupt Organizations (RICO) lawsuit involving medical insurance fraud.
Fresno, CA (October 1, 2013) – McCormick, Barstow, Sheppard, Wayte & Carruth attorney Michael F. Ball successfully defended his physician client in an alleged post-surgical medical malpractice lawsuit.
Courts have allowed contracting parties to shorten statutes of limitations if they are commercially sophisticated and no public policy is violated. But until recently, no court had held parties to a construction contract may shorten the limitations period in which to bring a claim for latent construction defect.
McCormick Barstow is proud to announce that 29 of its attorneys have been named 2013 Northern California Super Lawyers, and 11 attorneys were recognized as Rising Stars in their respective fields.
Robert L. Sullivan, Jr. has been named to the Board of the Friends of the Madden Library. The Friends of the Madden Library was established in 1984 as a nonprofit support organization for the Henry Madden Library at California State University, Fresno.
One of the most difficult wage and hour issues for agricultural employers is where the 10 hour workday for field work ends, and where the 8 hour work day for preparing agricultural commodities for market begins.
Fresno, CA (April 23, 2013) – McCormick Barstow Sheppard Wayte & Carruth is pleased to announce that Victoria R. Bernhardt will be named Pro Bono Attorney of the Year at the Fresno County Bar Association’s Law Day event on May 8, 2013. The Law Day event will be held from noon to 1:00 p.m. at the Radisson Hotel and Conference Center.
Fresno, CA (April 16, 2013) – McCormick Barstow Sheppard Wayte & Carruth is pleased to announce that Marshall C. Whitney has become a Fellow of the American College of Trial Lawyers (the “College”), one of the premier legal associations in America.
Fresno, CA (February 19, 2013) –McCormick, Barstow, Sheppard, Wayte & Carruth, LLP attorneys Todd W. Baxter, Jay A. Christofferson and Daniel E. Witte are contributing authors of a new legal treatise entitled “Neighbor Disputes: Law and Litigation.” The book, published in January of 2013 by Continuing Education of the Bar (“CEB”), is designed the help lawyers successfully handle the most common to the most complex neighbor disputes.
On February 6, 2013, the Nevada Supreme Court issued an order reversing a major portion of an arbitration award and vacating an award of $1,040,000 due to the fact there was no substantial evidence presented at arbitration to support the award.
Fresno, CA (February 11, 2013) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. Scott M. Reddie has been certified by the California State Bar as a legal specialist in Appellate Law.
Fresno, CA (February 7, 2013) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. David R. McNamara and Mr. Timothy R. Sullivan have been elected to the American Board of Trial Advocates (ABOTA), an exclusive and prestigious national organization of judges and civil trial lawyers.
Madera, CA (January 31, 2013) – In a hearing this afternoon in the Madera County Superior Court, Dr. Muhammad Anwar was awarded an additional $ 1,514,289.40 in costs of suit and prejudgment interest, on top of the $3,300,000 awarded to Dr. Anwar by a Madera County jury on November 8, 2012, against the State of California and the California Department of Corrections and Rehabilitation.
McCormick Barstow’s, Richard Strong, is quoted in an article, featuring his son on the front page of the Fresno Bee. Richard’s son, Jeffrey, is a part of the Marine Band playing at the 57th Presidential Inauguration.
Fresno, CA (January 17, 2013) –McCormick Barstow is pleased to announce Anthony Raimondo, Timothy Sullivan and Daniel Wainwright have been recognized by Martindale-Hubbell as the firms newest AV® Preeminent™ Peer Review Rated attorneys. The Martindale-Hubbell® Peer Review RatingsTM is a complimentary service to the bar that enables members of the legal community to benefit from the candid and objective peer-to-peer feedback of other lawyers.
The California Supreme Court has overruled one of its own decisions from more than 75-years ago that adopted a limitation on the fraud exception to the parol evidence rule. In a decision issued on January 14, 2013 (RiverIsland Cold Storage, Inc. v. Fresno-Madera Production Credit Association, California Supreme Court case number S190581), the Supreme Court concluded that its prior decision in Bank of America etc. Assn. v. Pendergrass (1935) 4 Cal.2d 258 was “ill-considered’ and an “aberration.”
The founding dean and other administrative leaders have joined California Health Sciences University (CHSU) to open a privately funded post-graduate College of Pharmacy in Fresno, with hopes of starting classes in fall 2014.
Fresno, CA (November 9, 2012) – A Madera County jury awarded surgeon Muhammed Anwar, M.D. $3.3 million dollars on November 8, 2012 in his suit against California’s Department of Corrections and Rehabilitation. Dr. Anwar was represented by attorney Mike Ball of Fresno’s McCormick, Barstow, Sheppard, Wayte & Carruth law firm.
Fresno, CA (September 25, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Jonathan Carlson as Partner with the firm.
Fresno, CA (September 25, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Joseph Doerr as Partner with the firm. Mr. Doerr’s practice concentrates in tax planning, tax litigation, and business transactions.
Fresno, CA (September 25, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Betty Julian and Kelley Moran as Partners with the firm.
Fresno, CA (September 25, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Ms. Jennifer Bilz as Partner with the firm located in the Cincinnati, Ohio office.
Fresno, CA (July 13, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce the following attorneys have been recognized as The Top Women Attorneys in Northern California for 2012 by Super Lawyers
Fresno, CA (July 10, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce 23 attorneys have been selected as “Northern California Super Lawyers” for 2012. Six of the 23 attorneys have also received distinction in the “Top 100 Attorneys in Northern California.”
Fresno, CA (July 2, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is featured in Nevada Lawyer. Published by the State Bar of Nevada, Nevada Lawyer’s mission is to publish items of interest and importance to the Nevada legal community and to provide a forum for thoughtful and respectful commentary on current issues affecting their members.
It doesn’t matter whether a business oversees a fleet of vehicles or just one or two company cars. It doesn’t matter if an employee driver was in a MIST accident – minor impact, soft tissue – or a major pileup. All it takes is one lawsuit for a company to learn the hard way that there are some common misconceptions involving employee-operated automobiles on the job. But a little self-help before the inevitable employee car crash can go a long way in limiting the exposure of the company and its insurer to expensive claims and suits.
Fresno, CA (June 25, 2012) – McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. Michael (Mike) Graves has been recognized by the Fresno State Alumni Association as a 2012 Top Dog for Mike’s representation of the Henry Madden Library.
Fresno, CA (June 14, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. Jared Green has been recognized as Legal Elite in Nevada.
Employees are entitled to various leaves of absence and time off work under both state and federal law. Many employers, particularly small employers, are unaware of the extent and in some instances even the existence, of various rights employees have to leaves of absence and time off from work. What follows is an abbreviated version of California employers’ legal obligations to provide leaves and time off from work for small businesses, i.e., those employing fewer than 25 employees.
Fresno, CA (June 5, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP celebrated with a ground breaking ceremony today at the site of their new office building to be located on the northwest corner of El Paso and Fresno Streets. Working with Zinkin Development, the firm broke ground on a new 68,000 square foot three story office building that will be able to comfortably house 105 attorneys. McCormick Barstow will lease the building from Zinkin Development in the late fall of 2013.
Fresno, CA (June 1, 2012) - McCormick Barstow awarded three students with scholarships at McLane High School’s Academic Awards Ceremony on Wednesday, May 30th.
Fresno, CA (May 23, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. Justus Spillner has joined the firm as our newest legal counsel in our Fresno office.
Fresno, CA (March 22, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP will relocate its Fresno office to a new development located on the Northwest corners of El Paso and Fresno Streets in the fall of 2013.
Fresno, CA (MAy 23, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce that Ms. Mara Erlach has joined the firm as our newest legal counsel in our Fresno office.
Fresno, CA (May 21, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is a proud supporter of the American Cancer Society’s Daffodil Days.
Fresno, CA (March 14, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Ms. Vincenza Rabenn has joined the firm as our newest legal counsel.
Fresno, CA (April 16, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is a proud sponsor of Relay for Life benefiting the American Cancer Society.
Fresno, CA (April 16, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is a proud sponsor of the American Heart Association.
Fresno, CA (April 16, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is partnering with Make A Wish to create new dreams.
Fresno, CA ( April 16, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is partnering with Public Radio station KVPR to raise funds for the valley station. McCormick Barstow is one of the sponsors for Valley Public Radio’s 2012 Wine Tasting on Sunday, May 6, 2012 at the Lester Estate in Fresno.
Fresno, CA (April 16, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is a proud supporter of HandOn Central California and recently honored Mr. Tom Tran for his outstanding achievement as a student volunteer.
Fresno, CA (April 16, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is a proud supporter of St. Anthony’s celebration of their 20th Annual Spring Auction.
Fresno, CA (May 11, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. Ryan Marshall has joined the firm as our newest legal counsel.
Fresno, CA (May 11, 2012) - McCormick, Barstow, Sheppard, Wayte & Carruth LLP is pleased to announce Mr. Dylan P. Todd has joined the firm as our newest legal counsel in our Las Vegas office.
McCormick Barstow Associate, Joanna MacMillan, is quoted in the Wall Street Journal Online.
On April 12, 2012, the California Supreme Court issued the highly anticipated decision in Brinker Restaurant Corp. v Superior Court, a case that provides badly needed clarification with respect to employers' obligations to provide meal and rest periods. Unfortunately, especially for agricultural employers, the decision leaves some critical issues unresolved that will create confusion regarding management and rest breaks on farms and ranches.
As most California employers have learned by now, it is getting more and more difficult to own a business in California due to the ever-increasing employee-friendly laws that make "extortion" lawsuits convenient and perfunctory, even with the most justified of terminations. To minimize exposure, it is important for employers to understand and comply with what, for most, is a complicated area of law. A large part of this strategy requires that employers stay up to date on new legislation and case authority in the realm of labor and employment law. The following is non-exhaustive summary of new laws and cases that will affect most employers.
By now, it’s likely that most attorneys have figured out that unmasking an anonymous Internet speaker (“Anony”) seems impossible. It’is also just as likely that the list of questions regarding how to reveal an Anony, so they can be pursued for damages or served with an injunction, is still longer than the list of answers.
Federal trademarks are registered by the United States Patent and Trademark Office (USPTO). That office also issues patents upon an extensive application and review process. Holders of these intellectual property rights might sit up and take notice if receiving emailed notifications appearing to be from the USPTO.
By Scott E. Chapman, Esq., MBA, CIPP
By now, it’s likely that most attorneys have figured out that unmasking an anonymous Internet speaker (“Anony”) seems impossible... © Originally published in the COMMUNIQUÉ (November 2011, Vol. 32, No. 11), the official journal of the Clark County Bar Association.
A recent Ninth Circut opinion again points up the need to draft arbitration clauses carefully and specifically, to capture the client's objectives in considering a suitable alternative forum to resolve disputes over the contractual relationship. If the parties want the arbitator to follow legal athorities, they not only need to specify that in the clause but also need to avoid incorporating fereral law. Other issues such as the form of decision, the scope of discovery, and the scope of court review also need to be discussed with the client and not simply presumed
Searching for information on the Internet has become commonplace. People use search engines to locate sources for goods and services of all descriptions, including legal services. People also use the Internet as a source of information to educate themselves about topics and issues that concern us in our personal lives and professions. Much of the time, when we receive our search results, the list contains several blogs.
For those of you who have had any contact with the Medicare Secondary Payer Act recently, you understand the ridiculousness of the title of this article. No matter the amount of time spent delving into the details in the Medicare Secondary Payer Act no one, not even Medicare itself, could possibly “understand” all of the requirements of the Act. So much so, that there are currently bills before the Senate and House of Representatives written to hopefully clarify some of these issues and make the process of resolving claims involving Medicare beneficiaries more efficient.
Dairies are taking greater control of employee performance and succeeding at creating a culture of high performance that benefits both the business and the employees.
McCormick Barstow partner Jerry Casheros will serve as program moderator for a National Business Institute seminar on As Judges See It: Top Mistakes Attorneys Make in Family Court. The judicial forum will be held at Piccadilly Inn Shaw in Fresno, CA on January 30, 2015.
McCormick Barstow partner Todd Baxter will serve as faculty for a National Business Institute seminar on the Rules of Evidence: A Practical Toolkit. The seminar will be held at University Square Hotel in Fresno, CA on January 29, 2015.
McCormick Barstow attorney Mara Erlach will serve as faculty for a National Business Institute seminar on Trusts 101. The seminar will be held at the Doubletree Hotel in Bakersfield on January 30, 2015.