By Linda Chiem
Law360, New York (September 9, 2016, 6:02 PM ET) — The Ninth Circuit’s ruling that ex-Uber drivers suing the company over background checks must fight it out in individual arbitration, not the courts, deals a body blow to a host of high-profile wage-and-hour class actions where drivers are accusing the ride-hailing giant of misclassifying them as independent contractors, experts say.
The three-judge panel’s much-anticipated Sept. 7 decision largely affirming the validity of Uber Technologies Inc.’s arbitration provisions applies to just two proposed class actions from ex-drivers who claimed that Uber performed background checks without their authorization…. “Uber not having to deal with these cases on a class basis is beneficial to them, but it’s likely to potentially dissuade some of these plaintiffs from moving forward and certain attorneys from taking these cases,” said Michael Landen, a partner at Kluger Kaplan Silverman Katzen & Levine PL who specializes in labor and employment litigation. “Uber is this giant and now you have lawyers that will have to decide if they want to dip their toe in the water when there’s not nearly as much upside.”
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U.S. District Judge Edward M. Chen’s refusal to preliminarily sign off on the $100 million deal — $84 million of which was a lock for drivers while the rest was contingent on the ride-hailing giant launching…
MIAMI, FL – Miami-based litigation firm Kluger Kaplan recently announced Diane Wagner Katzen is joining the firm as Of Counsel.
Katzen joins the firm after serving as Partner at Richman Greer for more than 30 years. She specializes complex commercial litigation, employment-related litigation, business torts and liability of business professionals and general negligence.
“Diane is a skillful trial lawyer who brings with her a depth of experience in high stakes litigation,” said Alan J. Kluger, founding member of Kluger, Kaplan, Silverman, Katzen & Levine. “We welcome Diane as an excellent addition to our deep roster of experienced litigators.”
By Christina M. Himmel
Let’s face it: pursuing a lawsuit will require both time and money. To that end, one of the primary concerns before pursuing litigation is whether attorney’s fees are recoverable from the opposing party. A party can only recover attorney’s fees if authorized by contract or statute. Florida’s Insurance Code provides a right to attorney’s fees for certain classes of people, including named insureds and named beneficiaries. The subject of this blog focuses on the provision in Florida’s Insurance Code that allows an “omnibus insured” to recover attorney’s fees. Through this provision, a beneficiary that is not explicitly named in an insurance policy but is nonetheless expressly covered by a provision in that policy may be able to recover attorney’s fees from the insurer.
More specifically, pursuant to Fla. Stat. § 627.428(1), a third-party that qualifies as an “omnibus insured” is entitled to recover attorney’s fees from the insurer if it prevails in an action against the insurer. Section 627.428(1) states as follows: Continue reading