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On Friday, August 19, 2021, a California State Court Judge struck down the voter-approved Proposition 22 as unconstitutional.   The origin of Proposition 22 was the California Supreme Court’s decision in Dynamex, which held that Dynamex’s had misclassified its drivers as “independent contractors” in violation of California law and state wage orders.  Proposition 22, which passed in …



As previously chronicled in Stone | Dean blogs, lawsuits premised upon “bad faith” denials of business interruption claims premised upon Covid related shutdowns have been routinely dismissed by California Courts.  Courts have focused on the requirement contained in most policies that a “physical loss” must be present before such claims can be allowed.    The Los …


The dispute over whether Uber/Lyft drivers are employees is worldwide in scope. Specifically, the UK’s Supreme Court has held that Uber drivers must be treated as workers rather than as self-employed independent contractors. This decision could mean thousands of Uber drivers are entitled to minimum wage and holiday pay. The decision is also expected to …


In light of the trade restrictions imposed by Robinhood last week, numerous Robinhood customers have joined class actions against the Company, asserting that such conduct amounted to illegal market manipulation. The lawsuits, which have been filed in Federal District Courts nationwide, all have a common theme – that “Robinhood’s trade restrictions were done purposefully and …


In light of the passing of Proposition 22 in California, both Uber and Lyft have petitioned the California Court of Appeals for the First Appellate District to reconsider its decision upholding an injunction requiring the ride-hailing companies to classify their drivers as employees. Specifically, the ride share companies have asserted that the California voter approval …



Attempts to circumvent insurance policy virus exclusions are being repeatedly rejected by the Courts. Recently, a Fresno based European Wax Center was forced to lay off 30 employees as a result of the state-mandated closures. The salon made business interruption claims against its insurer, Sentinel Insurance Company, which were denied since the salon could not …


You may have noticed a recent onslaught of television and radio ads regarding Proposition 22, which will appear on California ballots in the upcoming November election.  Proposition 22’s stated goal is to exempt ride-sharing and food-delivery companies from the Assembly Bill 5 gig worker law that was passed in September 2019, meaning Uber and Lyft …

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