News & Insights

November 2, 2018

Last month, the Texas Supreme Court heard oral arguments in what many expect to be an important case for employers in Glassdoor, et al v. Andra Group, LP. The case concerns several disgruntled employees who had apparently aired grievances on the popular career website, Glassdoor.com. Glassdoor provides a platform for users to publicly and anonymously post reviews and information such as salary, work hours, and corporate culture of their employers for the benefit of current jobseekers. Displeased with its negative reviews on the platform, Dallas-based apparel company Andra Group, LP filed a petition in Texas state court seeking to discover the identities of ten specific reviewers pursuant to Texas Rule of Civil Procedure 202. The company supported the petition with a sworn affidavit stating each of the ten reviews were false and defamatory in nature. Under Rule 202, a party may seek pre-litigation investigative discovery in limited circumstances as a form of equitable relief. However, due to the potential for abuse, Texas courts closely scrutinize Rule 202 petitions, narrowly tailoring any orders granting relief for discovery....

May 23, 2018

On Monday, May 21, 2018, the Supreme Court issued a decision every private employer will be ecstatic to understand and implement into their practice. The majority opinion, authored by Justice Neil Gorsuch, held employers: (1) may rely upon clauses in their employment contracts requiring employees to arbitrate their disputes individually; and (2) may require employees to waive the right to resolve those disputes through joint legal proceedings....

May 11, 2018

In California, personal injury plaintiffs may recover the lesser of the (1) amount incurred for medical services, or (2) reasonable market value of those services. Plaintiffs with medical insurance may not offer into evidence the full billed amount since it represents a misleadingly inflated number given the realities of modern medical practices in which the amount initially billed is typically more than the amount ultimately paid, especially when insurance is involved. While truly uninsured plaintiffs may offer the amount billed as one indication of what the reasonable market value might be, insured plaintiffs could not do so even if they did not benefit from any discounted rate negotiated by their insurers. (Ochoa v. Dorado (2014) 228 Cal.App.4th 120, 135-36.)...

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