Trump University was advertised as a real estate investment course in which Donald Trump’s handpicked experts would teach students how to become a successful investors like him. Many students left unsatisfied and claimed that the University did not deliver on its’ promises. Further, students alleged that Trump University employees used heavy-handed tactics to pressure students to continue to spend more money. Thousands of these students joined class-action lawsuits, partly alleging false advertising and deceptive practices. For years, Donald Trump has been fighting these Trump University lawsuits. However, last year, after Trump was elected president, he reached a $25 million settlement agreement with about 6,000 former students in two Trump University lawsuits. Testifying during the impending trial while president would have been a significant distraction. A Snag In The Deal? The only thing remaining for the President and his disgruntled students to put this behind them was for the Judge to sign off on the agreement…Read More
Last week, a federal judge in Delaware ruled that Liberty Mutual insurance company is obligated to defend one of their policyholders in a lawsuit. Magda Korn, ex-wife of former Korn band member and aspiring politician Richard Korn, faces charges filed by her ex-husband for defamation and negligence. In 2013, while the couple was undergoing their divorce, Ms. Korn took a portable hard drive belonging to Mr. Korn and gave it to the police, claiming her ex was in possession of child pornography. More than 25 images were later found by police on Mr. Korn’s personal computer, but prosecution was unable to prove he knew about said images. Mr. Korn then filed a lawsuit against her for loss of reputation and other damages. In his lawsuit, Mr. Korn claims his ex-wife falsely accused him to try to gain leverage in the couple’s divorce. He is suing for loss of reputation, lost wages and earning capacity, severe…Read More
Insurance exists to protect ourselves, as well as our families, homes and other property, from unforeseen circumstances. Insurers have an obligation to act in good faith when dealing with their policyholders. When an insurance company delays, denies or undervalues your claim, they may be acting in bad faith. Should you file a bad faith insurance claim? How do you know when it is the right time to do so? According to the California Insurance Code, the following may qualify as bad faith insurance tactics: Failing to acknowledge a claim in a timely manner Failing to settle claims with clear liability in a timely manner Trying to settle a claim for less than the amount requested Using previous claims as grounds to deny new claims Misrepresenting provisions in an individual’s policy or key facts in a case Failing to conduct a full investigation of a claim Cancelling a policy after a claim has been filed Requiring…Read More
In January 2016, following a joint investigation with the Department of Education, the Federal Trade Commission (FTC) filed a Federal lawsuit in Ventura County against DeVry University. In the lawsuit, the FTC alleged that DeVry engaged in deceptive advertising when it repeatedly claimed that 90% of its graduates found jobs within six months of graduation and that a degree from DeVry earned its graduates 15% more income than degrees from other colleges. The lawsuit came to an end in December 2016, when DeVry and the FTC settled the claims for $100 Million. Under the terms of the agreement, DeVry will pay $49.5 million to qualifying students who were harmed by the ads. The remaining $50.6 million will go toward student debt relief: $30.35 million to all unpaid private loans issued to undergraduate students between September 2008 and September 2015, and the remaining $20.25 million to tuition and book fees. It is estimated that this settlement will provide some…Read More
Learning that you’re pregnant is exciting, life-altering news. It can also be time of great anxiety, especially if you are working and want to continue to work. There’s some good news and some bad news. The good news is that state and federal laws offer numerous protections for pregnant employees and employees who have recently given birth. The bad news is that many employees are unaware of their legal rights and some employers will take full advantage of this. That is why if you are pregnant and feel like your employer is making improper decisions about you, you should speak with an attorney. Before you make that call, we want you to be generally aware of the rights of pregnant employees in California. Discrimination Prohibited – Simply put, discrimination due to your pregnancy is a violation of your legal rights. For California employees, Government Code 12940(a) provides that it is “unlawful employment practice” for an employer…Read More
All too often, employees in California do not fully understand their rights regarding wages, hours and overtime. As a result, numerous violations by employers go unnoticed and unchanged. The best way to ensure that you and your coworkers are being treated fairly by your employer is to recognize and take action against wage and hour violations. The first step in being able to do so is to understand Federal and state laws and how they apply to your legal rights as an employee. Most wage and hour issues fall into the following categories: Minimum wage violations – As of January 1, 2016, the minimum wage in California is $10 per hour. Employers are not allowed to include tips in the minimum wage calculation; it must be the flat rate before gratuities are added. Additionally, managers, supervisors and owners are not allowed to share their employees’ tips. Overtime issues – Nonexempt employees cannot work more than…Read More
When you go to work at your job, you do so with the expectation of getting paid. Not only is this is the civic contract between an employer and an employee, but it is well-settled law. Unfortunately, as the attorneys at Moss Bollinger have seen many times, some employers either don’t have their business in order or choose to play games with their employees when it comes to payment. One of these scenarios is when employers pay employees late. Employers Must Establish Paydays The state of California requires that employers establish two paydays per month. An employee’s wages from the first two weeks of the month, must be paid no later than the 26th of the month. Wages earned for the rest of the month must be paid by the 10th of the next month. Not only is it the law that California employers must establish paydays, but it must also clearly notify its employees…Read More
If you feel that you have been harmed as a result of the conduct of a business, or you have been approached with a settlement offer from a business, you need to speak with an attorney before you take any action on your own. Here are some reasons you should speak to an attorney before taking a DIY approach to the law: Lawyers have years of experience in this area of law and are required to keep updated as the law changes. The state of California has highly specific consumer protection laws and decades of case law from state and federal courts that attorneys spend their careers learning. A lawyer can consider the specific facts of your case and provide you personalized analysis based on their knowledge of the law. You will be provided with the guidance and choices to make informed decisions. Businesses have attorneys, so should you. If you are representing yourself in…Read More
Businesses do wrong by their employees a lot. And they often get away with it. This is because many employees feel like it is easier to throw up their hands than it is to stand up to aggressive bosses who are backed up by expensive lawyers. This is unfortunate, as there are many federal and California state employment laws that are designed to protect employees. This is why if you feel you have been wronged by your employer, you should contact Moss Bollinger. For years, we have fought against big businesses to protect the rights of employees. What Laws Protect Employees? You may be wondering what sorts of wrongs are covered by the law. In brief, they include: Improper Termination of Employment. In California, employees are hired on an “at will” basis. This means that they may be fired without notice and without cause. Despite this, employers are legally prohibited from firing an employee out…Read More
A class action lawsuit has been filed against Prime Inc. trucking company for violations to the California labor laws. The company allegedly misclassified thousands of drivers to avoid paying them for overtime hours. In addition to calling their drivers “independent contractors” to avoid paying full wages and overtime, they also are accused of requiring drivers to sign arbitration clauses. These essentially prevent workers from bringing claims against the company to court. The accusations in the class-action lawsuit against Prime, Inc. don’t stop there. The driver who came forward with the original complaint also alleges that, as an independent contractor, he was required to pay the company to use the truck, as well as cover the cost of insurance and gas. This could potentially result in no paycheck some weeks. All of these practices are argued to be standard for the trucking industry, especially classifying drivers as independent contractors. Lawsuits such as this are becoming more and more…Read More
