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Perspective

May 10, 2012

Supreme Court's tortured logic in Kirby

The Court's twisted reasoning attempts to distinguish "actions" and "actions for damages." By Jessica Weisel and Gary M. McLaughlin of Akin Gump Strauss Hauer & Feld LLP

By Jessica Weisel and Gary M. McLaughlin

From the outset, Kirby v. Immoos Fire Protection Inc. (2012) Case No. S185827, presented a dilemma for the California Supreme Court. If it followed its holding in Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, employers that successfully defended against suits for meal-and-rest-break violations under Labor Code Section 226.7 could obtain attorney fees under Section 218.5. This wou...

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