Author Archives: Aaron Morris

Newsflash to Judge Lynn Hughes: Lactation is Related to Pregnancy

I reported a little over a year ago about a discrimination case out of Texas. A fired employee sued for wrongful termination based on discrimination, claiming that she was fired due to her request to use the bathroom to breast-pump. … Continue reading

Reporting a Fact is Never Defamatory

It is never defamation to report a fact, even if that fact is that a person was charged with a crime they did not commit. I understand why callers sometimes don’t understand this distinction. The completely innocent caller was falsely … Continue reading

California Court of Appeal Rejects “Multi-Tasking” Argument for Exempt Employees

An interesting case involving the Safeway grocery chain could have some far reaching ramifications for California employers. First a little law. In California, a manager can be exempt from overtime pay, so long as the manager is “primarily engaged” in … Continue reading

It’s Not Defamation if No One Knows it’s You

As the old saying goes, if a tree falls in the forest and no one is there to hear it, does it make a sound?* In the context of defamation law, the saying could be, “if no one knows it’s … Continue reading

Is Discrimination Against Redheads Illegal in the Workplace?

When I am explaining the concept of at-will employment, to illustrate the point that an employer can fire an employee for anything so long as it does not violate public policy or statute, I will sometimes say, “He could decide … Continue reading

Demand Letters Can Stray Into Civil Extortion — Miguel Mendoza v. Reed K. Hamzeh

If the threat of getting in trouble with the State Bar is not enough, maybe the threat of both civil and criminals actions will get attorneys to toe the line. You know that it is an ethical violation for an … Continue reading

Do You REALLY Want to Fight that Case?

Too many attorneys and their clients defend against cases that have no defense. You took out a loan, your financial circumstances went south, and you were not able to repay the loan. Now you have been served with a complaint … Continue reading

Court Finds that Statement about Cause of Suicide is an Opinion

An interesting defamation case out of New York, involving the world of music and illustrating the burden of proof. As explained here on various occasions,  truth is a defense (a point sadly lost on many defense attorneys). Thus, the burden of … Continue reading

Appeal Victory: Treble Damages for Theft Affirmed Against Defendant

As we reported in October of 2011, we persuaded an Orange County Superior Court Judge to apply Penal Code section 496(c) – making it illegal to receive stolen goods – to a case where the defendant had failed to repay … Continue reading

Parents Claim Yoga Classes Violate First Amendment

“Foolery, sir, does walk about the orb like the sun. It shines everywhere.” — William Shakespeare Parents in San Diego are objecting to yoga classes offered at a grade school, claiming they violate the First Amendment. As reported by the … Continue reading