At the Lectern

JULY 18, 2024

” It’s the UCL four-year statute of limitations, not the one-year provision in the Insurance Code — and similar language in the insured’s policy — for a “suit or action on th[e] policy.”

Cause of Action 45

Cause of Action Statute Court Decisions Court 45

Patently O

MARCH 25, 2021

2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. The decision suggested to many that defendant’s connections should have a causal-link with the cause of action. ” Quoting Reiter (1979). The “or” has meaning.

Court 63

Court Cause of Action Manufacturing Litigation 63

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. California Coastal Commission and Dolan v.

Government 96

Government Statute Court Cause of Action 96

At the Lectern

JULY 23, 2021

2) Was it proper for the Court of Appeal to award costs on appeal under rule 8.278 of the California Rules of Court against an unsuccessful FEHA claimant in the absence of a finding that the underlying claims were objectively frivolous? By our count, there are currently 314 grant-and-hold cases waiting for a decision in Lewis. (See

Cause of Action 49

Cause of Action Felony Calendaring Statute 49

At the Lectern

SEPTEMBER 16, 2022

In a lawsuit involving a loan collateralized by bitcoin, the court limited the issue to be briefed and argued to: “Did the Court of Appeal correctly hold that this action must remain in California despite the contractual forum selection clause?” Covid statute of limitations. See write-up of People v. Churchill here.)

Court 56

Court Statute Cause of Action Laws 56

Strictly Business

OCTOBER 30, 2017

Additionally, there are a number of federal statutes that apply to specific business activities that implicate data privacy issues. Cybersecurity incidents are often the precursor to investigations and possible enforcement actions by state attorneys general or the FTC.

Laws 52

Laws Government Litigation Litigating 52

At the Lectern

JULY 28, 2022

The opinion acknowledged, “under our interpretation of the relevant statutes a provider has greater remedies against a private health care service plan than it does against a public entity health care service plan.” shall reimburse providers for emergency services and care provided to its enrollees.”

Government 49

Government Court Contract Cause of Action 49

Conflict of Laws

JANUARY 10, 2022

By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6] California 2016) and Douez v Facebook [2017] SCC 33; discussed further in J. Hörnle fn 1 Chapter 8. [5]

Tort 75

Tort Litigation Litigating Finance 75

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Like the district court, the Ninth Circuit rejected an argument that the regulations were a “project” subject to the California Environmental Quality Act (CEQA) because the rules could impact the environment by increasing “deadhead” trips to and from the airport. 1:20-cv-00056 (D.D.C. Union of Concerned Scientists v. 19-1230 (D.C.

Court 59

Court Government Litigation Litigating 59

SCOTUSBlog

JANUARY 16, 2022

In 1951, it was acquired by a California gallery owner, who sold it to a Los Angeles collector. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. That question turned on whether California law or Spanish law governed. The full painting.

Tort 122

Tort Court Laws Litigation 122

The IP Law Blog

JUNE 10, 2021

New York’s post mortem right-of-publicity statute recently came into effect. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem. written consent” can sue for an injunction and damages. The postmortem right attached to a “performer” does not expire.

Statute 85

Statute Cause of Action Sports Laws 85

At the Lectern

OCTOBER 31, 2024

” It also concluded that the lawsuit’s “allegations demonstrate the type of harm the Legislature sought to prevent in enacting the CMIA–negligence causing a data breach that exposed confidential information to cyber hackers.” Revived sex assault claims against public entities dissenting vote.

Court 49

Court Demurrer Education Statute 49

At the Lectern

APRIL 14, 2021

Joseph Health System : To what extent, if any, is the initiation and conduct of medical peer review proceedings protected activity under the anti-SLAPP statute? On May 5, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself ): Bonni v. Cable News Network, Inc. ,

Calendaring 49

Calendaring Statute Cause of Action Tort 49

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. It was a cascading deconstruction of the lawsuit. Companies, Inc.,

Tort 34

Tort Cause of Action Laws Court 34

The IP Law Blog

NOVEMBER 10, 2022

Plaintiffs’ contended that because Reddit financially benefitted from the posting of child pornography on its site and allegedly had done little to remove it or train its moderators to remove it, Reddit should be “liable as a beneficiary of child sex trafficking among other causes of action.”.

Statute 96

Statute Cause of Action Court Litigation 96

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. 32; 285 S.W.

Tort 44

Tort Litigation Litigating Construction 44

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. 32; 285 S.W.

Tort 43

Tort Litigation Litigating Construction 43

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Pivotal Software v.

Compensatory Damages 97

Compensatory Damages Government Court Cause of Action 97

Patently O

JUNE 8, 2023

” Trademark law includes a special cause of action for big players with “famous marks” under the doctrines of dilution and tarnishment. The trademark statute includes a fair-use exception, but it only applies in situations where the accused dilution/tarnishment is a use “other than as a designation of source.”

Laws 69

Laws Statute Cause of Action Court 69

SCOTUSBlog

JUNE 16, 2022

He had used Roundup for over 30 years, and argued it caused his cancer. A federal district court awarded Hardeman $25 million after a jury concluded that Monsanto had violated California law by not warning him that Roundup could cause cancer. Both the district court and the U.S.

Government 105

Government Education Court Cause of Action 105

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. People of State of California v. King County v.

Litigation 40

Litigation Litigating Court Laws 40

SCOTUSBlog

DECEMBER 5, 2024

When the cause of action arises under state law, courts must determine whether the defendant has sufficient contacts within the the courts geographic area of authority that it is fair for the court to exercise its power over them. Relisted after the Oct. 15 and Nov. 22 conferences.)

Court 100

Court Cause of Action Statute Government 100

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. in the Superior Court of California, County of San Diego, alleged negligence and assault. Owners and operators of 10 Southern California businesses were criminally charged in federal court with illegally selling cosmetic contact lenses without prescriptions. Trimble ␣ 315 Mo.

Tort 55

Tort Litigation Litigating Construction 55

JonathanTurley

NOVEMBER 27, 2020

Already over 40 people have fallen ill from the lettuce linked to Salinas, California. The litigation over last year’s lettuce recall has only just started due to the statute of limitations. This year saw more Black Friday lawsuits from injuries in prior years (generally subject to a two-year statute of limitations).

Tort 36

Tort Statute Criminal Law Court 36

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. California v. California v. California v. Wheeler , No. 20-1357 (D.C.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JANUARY 13, 2021

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Minnesota v. American Petroleum Institute , No.

Court 52

Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

FEBRUARY 4, 2025

The second lawsuit was filed more than two years later by California, Oregon, and Minnesota. Trump and California v. Trump asserted the following causes of action: Violation of the separation of powers doctrine. Ultra vires action. Trump or California v. Violation of the Take Care Clause.

Statute 59

Statute Litigation Litigating Court 59

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. Chevron Corp. City of Oakland , No. 20-1089 (U.S. Hoffman , No.

Court 49

Court Litigation Litigating Statute 49