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Month: February 2014

Whistleblower Physician Suing for Retaliation Under California Health and Safety Code Section 1278.5 Not Required to First Obtain Mandamus Judgment Setting Aside Hospital’s Decision

In Fahlen v. Sutter Central Valley Hospitals, ___ Cal.4th ___  (Feb. 20, 2014), the California Supreme Court upheld the ruling of the California Court of Appeal (5th Appellate District) and Stanislaus County Superior Court (Judge Salter) that a physician may proceed...

Retail Store Managers Seeking Unpaid Overtime Could Not Avoid Removal to Federal Court Under Class Action Fairness Act Even After State Court Already Certified Class Action

In Rea v. Michaels Stores Inc., ___ F.3d ___ (9th Cir. Feb. 18, 2014), the Ninth Circuit Court of Appeals reversed the order of the U.S. District Court for the Central District of California (Judge Wu) that plaintiffs in a class action for unpaid overtime wages did...