Law 360

MAY 11, 2023

California courts have been creating little in the way of clarity when it comes to the employment status of gig workers — and a recent federal court decision in Lawson v.

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Law 360

SEPTEMBER 23, 2022

A California federal judge cited a recent U.S. Supreme Court decision in concluding that an arbitration agreement precluded a Lowe's worker from litigating wage claims under California's Private Attorneys General Act, kicking the suit to arbitration.

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SCOTUSBlog

JUNE 23, 2023

Share Friday’s decision in Coinbase v. Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. Bielski has a familiar ring to it: A narrow majority of the justices reversed a ruling of the U.S.

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SCOTUSBlog

FEBRUARY 21, 2022

The Supreme Court first addressed the problem squarely in its 1987 decision in California v. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. The success of that facility led to proliferation of the business model.

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At the Lectern

AUGUST 20, 2021

They reiterate the argument today and say, “the easiest solution is for the California Supreme Court to allow the recall election to go forward, but hold that if Newsom is recalled, the lieutenant governor will then become governor until the expiration of Newsom’s term in January 2023.”

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FDA Law Blog

OCTOBER 7, 2024

Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. Sure enough, the first challenge to FDA’s civil money penalty authority was filed last week in the Central District of California. In Huff and Puffers v. Food and Drug Administration, No. 8:24-cfv-02110 (C.D.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S.

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Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. A decision on this issue in any state is binding only in that state.

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Broadcast Law Blog

SEPTEMBER 25, 2014

As we have written before , Flo and Eddie brought suit against Sirius XM, arguing that the service needs to get permission to make public performances of these recordings and, by not doing so, it violated their California state law copyrights. . This decision, on a summary decision motion, may quite well be appealed.

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At the Lectern

JULY 24, 2024

Tomorrow morning, the Supreme Court will file its opinions in Castellanos v. State of California and Quach v. California Commerce Club. The court granted review in August 2022. Castellanos and Quach will be the third and fourth decisions in the nine cases argued on the late -May calendar. Sundance, Inc.

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Broadcast Law Blog

AUGUST 21, 2018

The decision looks like a simple premise that digitization is no magic bullet to defeat pre-1972 sound recording claims, but there is much to unpack in this seemingly straightforward decision. First, we need to provide a little background on the litigation over pre-1972 sound recordings.

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Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

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Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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Broadcast Law Blog

AUGUST 24, 2016

On the PRO front, we also talked about the settlements of the antitrust litigation brought by both the radio and TV industry over SESAC royalties (settlements about which we wrote here ). Rates under the settlements, which will be decided by arbitration if not resolved by negotiation, are currently being worked on.

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Constitutional Law Reporter

AUGUST 6, 2024

The Court next turned to the Ninth Circuit’s reliance on Robinson v. California , 370 U.S. In Robinson , the Supreme Court held that under the Cruel and Unusual Punishments Clause, California could not enforce a law providing that “‘[n]o person shall…be addicted to the use of narcotics.’” 660 (1962). Texas , 392 U.S.

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Conflict of Laws

MAY 17, 2023

These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. These rates were calculated by dividing (1) the total number of cases where a clause was enforced by (2) the total number of cases where the court considered the issue of enforceability. They apply federal common law.

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ClimateChange-ClimateLaw

MAY 12, 2023

From here, the cases will move ahead in state court, with key developments to watch in Hawai’i and around the country. Background on the cases Starting in 2017 with three cases filed in California, cities, counties, and states across the country filed suits against fossil fuel companies.

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Broadcast Law Blog

JULY 1, 2015

Obviously, that settlement does not appear to resolve the issues with independent sound recording owners (like Flo & Eddie who brought the actions that have resulted in NY and California decisions finding a performance right in pre-1972 recordings in those two states). What does this settlement mean?

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At the Lectern

MAY 1, 2024

On Tuesday and Wednesday, May 21 and 22, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself ): Castellanos v. In March of this year, the court heard argument in another COVID insurance case, Another Planet Entertainment, LLC v.

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Patently O

SEPTEMBER 21, 2022

In its 2022 Caltech decision, the Federal Circuit overturned its prior Shaw precedent and found that the estoppel broadly applies to all claims challenged in an IPR and all grounds “which reasonably could have been asserted” against the petitioned claims. California Inst. Broadcom Ltd., 4th 976, 991 (Fed. Iancu , 138 S.

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Broadcast Law Blog

FEBRUARY 17, 2017

This week’s federal Court of Appeals order was very direct, relying on the state court decision that there was no public performance right to end the case. While this ends the case in NY, appellate courts in California and Florida still need to rule on the issue of whether there is a performance royalty in those states.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. California Appellate Court Dismissed Appeal Concerning Greenhouse Gas Analysis for Logistics Campus After City Completed New Review.

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. California Supreme Court Denied Petitions to Review Ruling That Upheld Cap-and-Trade Program.

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JURIST

DECEMBER 16, 2021

The re-energized governor has gone on the offensive , signing numerous bills and passing orders to address the state’s homelessness crisis, police misconduct, historical injustices suffered by California’s Black entrepreneurs and the Native American community, and the continuing COVID-19 crisis.

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SCOTUSBlog

APRIL 17, 2025

It notes the acknowledged circuit split, argues that loss and miscarriage are sufficiently broad to encompass claims of intentional nondelivery, and argues that langauge in the Supreme Courts decision in Dolan v. USPS indicates that immunity covers situations when mail fails to arrive at all. First Choice now petitions for review.

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SCOTUSBlog

MAY 28, 2021

Two more petitions ask the court to weigh in on arbitration issues. Snarr is a class-action lawsuit brought in California against H&R Block and its subsidiaries. Two H&R Block subsidiaries argue that the Federal Arbitration Act preempts state law and directs courts to enforce arbitration agreements according to their terms.

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SCOTUSBlog

OCTOBER 6, 2021

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. California. Pliler and Davis v.

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SCOTUSBlog

APRIL 22, 2022

The answer to that question turned on the relationship between a Supreme Court decision and a congressional statute. Additionally, the majority noted, the legal materials that a court may consult when addressing the two inquiries are distinct: AEDPA requires the court to focus on U.S. In Brecht v.

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SCOTUSBlog

OCTOBER 3, 2021

This case, which will be argued on Tuesday, addresses the standard of review that federal habeas courts should use when assessing state courts’ prior determinations that constitutional trial errors were harmless. Interestingly, the two sides cannot even agree on what state court decision would be the subject of an AEDPA analysis.

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SCOTUSBlog

DECEMBER 7, 2022

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. Two years ago, in United States v. Hansen charged undocumented immigrants to advise them on what he claimed was a pathway to U.S.

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At the Lectern

OCTOBER 27, 2021

In his column, Cuéllar identifies what “keeps [him] up at night” — the fact that American courts are “vulnerable, fragile and need a renewal.” ” He explained that having “to collaborate with people who will sometimes have different views. .”

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FDA Law Blog

JANUARY 11, 2022

The Federal Circuit twice reversed the District Court decision at issue in GSK v. Hikma was filed in November 2020 after the Court’s first decision issued in October 2020.) Teva , but Amarin v.

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The Crime Report

JANUARY 4, 2023

When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. 4, 1996, Benning twice called 911 and said a burglar broke into her Santa Ana, California, apartment, stabbed her boyfriend to death and slashed her hand before running off into the night. In the small hours of Jan.

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FDA Law Blog

AUGUST 21, 2023

Brand drugs, generic drugs, and medical devices alike have all been the target of state failure-to-warn litigation; in a recent case, OTC acetaminophen is the target. Interestingly, the Plaintiffs alleged that this duty existed when the mother was pregnant in 2015 even though the studies relied upon in the litigation are from 2021.

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At the Lectern

MARCH 18, 2025

In her annual State of the Judiciary Address to the Legislature this morning, Chief Justice Patricia Guerrero discussed many California legal issues. Supreme Court decision. ” Court workload Guerrero reported that the number of court filings is rising again after a pandemic-era decrease. Video is here.

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JonathanTurley

JUNE 17, 2021

Recently, University of California President Janet Napolitano announced that the entire system will no longer base admissions on standardized tests — joining a “test-blind” admissions movement nationally. The Supreme Court is also considering whether to take the case of Students for Fair Admissions v. That was roughly 25 years ago.

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