Suit Barred Against Individual Official For Alleged Civil Rights Violation

The Ninth Circuit Court of Appeals has held a plaintiff cannot sue a state official under a Civil War-era civil rights statute based on an alleged violation of the ADA and Rehabilitation Act. The state, however, could not claim sovereign immunity against the plaintiff’s claims. Vinson v. Alice Thomas, et al.

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Statutory Offer To Compromise May Not Be Revoked After It Has Been Accepted

The California Court of Appeal has affirmed a lower court’s ruling that a lawsuit was barred by a prior settlement. The plaintiff made a written settlement offer, which the defendant accepted verbally. Despite the plaintiff’s attempt to revoke the offer in writing the next day, the court enforced the settlement as accepted by the defendant. Monika Gray v. Crystal Ann Stewart, et al.

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Dispute Ordered To Arbitration May Require Joinder Of Third Party Who Did Not Sign Arbitration Agreement

The California Court of Appeal has held that a third party who did not sign an arbitration agreement still may be compelled to arbitrate because the agreement expressly provided for joinder of certain third parties and it was for the arbitrator to decide whether a particular third party should be joined. Zakarian v. George Bekov.

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Homeowners Who Hire Unlicensed Contractors May Be Statutory Employers Subject to OSHA Regulations

The Court of Appeal has reversed summary judgment in favor of a private homeowner who claimed OSHA regulations did not apply to private homeowners who hire unlicensed contractors. The court found factual issues as to whether the homeowner was the employer of an injured employee of the contractor. Fernandez v. Lawson.

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