Drew Pomerance was named by the Los Angeles and San Francisco Daily Journals as one of the top labor & employment lawyers in California. More than 175 lawyers, judges, and in-house counsel from around the state attended the special reception held at The Montage in Beverly Hills on July 18 to honor those selected for this prestigious award.Details
Decision shows employers and excess carriers are on same footing in TPA claims mishandling
RPNA won a significant claims mishandling case on behalf of Swiss Re, one of the world’s leading providers of reinsurance. After a three week trial, the superior court ruled that Sedgwick TPA Specialty Risk Services (SRS) committed seven distinct acts of negligence in handling a workers’ compensation claim that caused damages of nearly $6.8 million. Combined with prejudgment interest, the verdict totals in excess of $9.1 million.
“We litigated tenaciously for years,” explains RPNA partner Michael Adreani, who co-tried the case with RPNA senior partner Drew Pomerance. “It’s probably the most contentious litigation I’ve ever handled.”Details
Last week, the California Department of Insurance (CDI) reached a settlement agreement with Applied Underwriters, holding the Berkshire Hathaway subsidiary accountable and ending its bait-and-switch marketing tactics to sell its workers’ compensation products. Applied Underwriters has agreed to drop its petition to block the CDI’s enforcement action and come into compliance with well recognized state filing requirements.
Applied Underwriters’ products has spurred a wave of litigation and enforcement actions from regulators in multiple states, including Vermont, Wisconsin and New York. In the California cases Luxor Cabs v. Applied Underwriters Captive Risk Assurance Company—which was successfully handled by RPNA—and Shasta Linen Supply, Inc. v. Applied Underwriters, Inc., the courts ruled against Applied Underwriters, voiding its EquityComp Reinsurance Participation Agreement since it was not filed with the CDI and was therefore unenforceable.Details
RPNA Wins Motion To Disqualify Opposing Counsel Based On Conflict Of Interest And Breach Of Confidentiality
Co-Managing Partner Nick Roxborough and co-counsel Jeffrey D. Farrow of Michelman & Robinson, recently won a motion to disqualify Nixon Peabody LLP from representing a plaintiff in an ongoing worker’s compensation dispute after the firm hired opposing defense counsel in the case. The decision, which was made by a Superior Court Judge in Orange County last Friday, was featured in the Daily Journal [subscription required].Details
RPNA Partner Michael Adreani advised employers at a recent conference on how to avoid costly litigation, often in the form of class actions, for violations of California’s meal and rest period requirements. Adreani, who won an $89 million judgment in a landmark class action employment suit last December, was invited to share his insights at…Details
RPNA Partner Michael Adreani advises employers to have their practices signed off by all employees to ensure acknowledgement and to stay apprised of the ever-changing California Labor Code to avoid legal actions brought under PAGA, the Private Attorneys General Act. Adreani was asked for expert commentary in a recent San Fernando Valley Business Journal article…Details
RPNA joined forces with Lockton to present an informative session at this year’s National RIMS Conference in Philadelphia, titled “Walking the FMLA-ADA-Workers’ Compensation Tightrope.“
RPNA Co-Managing Partner Drew Pomerance and Lockton Vice President Tamara Johnson discussed the interactive process between FMLA, the ADA, and workers’ compensation claims. They offered effective strategies and processes to minimize exposure to civil claims while improving claims outcomes for guaranteed cost, self-insured retention or qualified self-insured coverage. Additionally, they helped risk managers unravel the confusion caused by increased regulation and shared their insights on how to equip workers with the correct information and benefits, while being an advocate for their recovery.Details
RPNA’s $89 million judgment in a landmark class action employment suit was highlighted in the February 6, 2017 issue of San Fernando Valley Business Journal. The article discusses the impact of the 5-2 decision—which was argued in front of the California Supreme Court by RPNA partners Drew Pomerance and Michael Adreani—on how California employers approach meal and rest breaks. Specifically, it clarifies and sets…Details
Supreme Court Reinstates $89 Million Judgment in Landmark Class Action Employment Suit
Decision expected to carry significant ramifications for the California workplace for years to come.
The Supreme Court of California today overturned an appellate court ruling in the landmark case of Augustus v. ABM Security Services, ending an eleven-year battle and upholding the trial court decision that “on-duty” rest breaks are in violation of California wage and hour laws. The court reinstated the trial court’s award of $89.7 million in wages, interest and penalties to a class of approximately 15,000 former and present ABM security guards. Lead counsel for the class were Drew Pomerance and Michael Adreani of Roxborough, Pomerance, Nye & Adreani, LLP (RPNA).
The Supreme Court’s precedential decision clarifies and sets forth the standard for all California employers to easily follow: that employees need to be relieved of all duties during their rest break.Details
It was a chance meeting at a UC Berkeley dorm forty years ago that eventually led partners Nick Roxborough and Drew Pomerance to establish their own law firm, what is known today as Roxborough, Pomerance, Nye & Adreani LLP (RPNA). Few law firms are founded on friendships and fewer sustain a solid forty-year relationship. It was for this reason,…Details
On Saturday, November 12, 2016, attorney Drew E. Pomerance will be speaking at the prestigious California Attorneys Association of California’s annual conference. Mr. Pomerance is the managing partner of the well-respected Los Angeles law firm Roxborogh Pomerance Nye & Adreani. He recently argued one of the firm’s seminal cases before the California Supreme Court. Mr.…Details
On October 14, 2016, seasoned business litigator Drew E. Pomerance will be speaking at the Valley Industrial and Commerce Association (VICA) Business Forecast Conference at the Hilton Hotel, Universal City, California. Mr. Pomerance will join a small panel of experts to discuss how businesses can deal with and protect themselves from wage and hour and…Details