At the Lectern

NOVEMBER 2, 2021

Hastings was California’s first chief justice, from 1850 to 1852. The New York Times’s Thomas Fuller has also written about the possibility of renaming the law school because of this infamous chapter of Hastings’s past — “ He Unleashed a California Massacre. Should This School Be Named for Him?

Laws 56

Laws Law School Education Statute 56

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. The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute.

Court 101

Court Court Decisions Litigation Litigating 101

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.” The court reverses the First District, Division Two, Court of Appeal’s 2-1 published opinion.

Cause of Action 45

Cause of Action Statute Court Decisions Court 45

SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

Immigration 72

Immigration Statute Government Tort 72

At the Lectern

NOVEMBER 18, 2024

When a Court of Appeal found untimely a motion to vacate a nine-year-old default judgment for improper service, it concluded that, although the applicable statute (Code of Civ. Well, case law doesn’t anymore, not after today’s Supreme Court decision in California Capital Insurance Company v.

Court 45

Court Statute Diligence Court Decisions 45

Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

Court 52

Court Statute Lawyers Lawyer 52

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 ).

Court 40

Court Court Decisions Statute Laws 40

Conflict of Laws

JANUARY 11, 2024

This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar , LLM, PhD, KIMEP University The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades.

Statute 45

Statute Laws Court Court Rules 45

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. But, lets look at the statute. Iancu , 138 S.

Statute 58

Statute Construction Litigating Litigation 58

At the Lectern

AUGUST 19, 2021

” The article’s author is Frank Menetrez , who now is a justice on the court that decided Leon , although he did not sit on the case. ” The court depublished the opinion of the Second District, Division Eight, in People v. Menetrez, a former Horvitz & Levy attorney, wrote the article before becoming a judge.

Court 40

Court Laws Court Decisions Felony 40

Broadcast Law Blog

NOVEMBER 17, 2014

On Friday, the US District Court in the Southern District of NY found that there is a public performance right in pre-1972 sound recordings in that state, following two decisions from California finding a similar right under California law (though on different grounds).

Court 40

Court Statute Court Decisions Laws 40

At the Lectern

FEBRUARY 10, 2022

Employment case grant-and-hold : The court granted-and-held in Joseph v. California Department of Corrections. which the court decided two weeks ago. In Lawson , the court held that, instead of a U.S. In State of California v. The lead case is Lawson v. PPG Architectural Finishes, Inc.

Court 56

Court Statute Court Decisions Laws 56

Patently O

OCTOBER 5, 2022

The 4th Circuit noted a second problem–the statute provides discretionary authority (“the district court … may order …”), and here discretion was properly denied. The opinion conflicts with the Second Circuit’s decision in In re del Valle Ruiz , 939 F.3d 3d 520 (2d Cir.

Litigation 61

Litigation Litigating Statute Court 61

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.

Calendaring 45

Calendaring Entertainment Court Statute 45

At the Lectern

JUNE 17, 2022

” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v. ” In dismissing the fair housing claims, the superior court had relied on the opinion in AIDS Healthcare Foundation v. Relying on a 2015 U.S.

Court 63

Court Felony Healthcare Statute 63

At the Lectern

SEPTEMBER 2, 2021

Actions of note at yesterday’s Supreme Court conference included: Supreme Court might open Girardi’s State Bar disciplinary files. The court agreed to hear People ex rel. concerning California’s whistleblower statute. ” The court also granted review in Los Angeles Unified School District v. .”

Court 40

Court Punitive Damages Statute Immigration 40

Constitutional Law Reporter

MARCH 14, 2023

Buckley sued in California state court and won, leaving the Bartenwerfers jointly responsible for more than $200,000 in damages. As Justice Barrett noted, when Congress next amended the Bankruptcy Code following the Court’s decision in Strang, it deleted the phrase “of the bankrupt” from the discharge exception for fraud.

Court 52

Court Constitutional Law Statute Court Decisions 52

At the Lectern

OCTOBER 27, 2022

State Bar of California , the court accepted the Bar’s concession in an original writ proceeding the court agreed to hear (see here ). ” The court said, “we expect that [the Bar] will disclose the information. ” Restitution jurisdiction.

Court 56

Court Statute Court Decisions Attorney 56

JURIST

FEBRUARY 7, 2024

A three-judge panel from the US Court of Appeals for the Ninth Circuit on Monday overruled a lower court decision that blocked a California law requiring individuals seeking to buy ammunition to undergo a background check, allowing the state to mandate background checks for ammunition buyers. ” Rhode v.

Laws 211

Laws Court Statute Attorney 211

Broadcast Law Blog

MARCH 22, 2017

In a decision released this week , the 9 th Circuit Court of Appeals overturned a District Court decision (about which we wrote here ) that had found that a video service provided by Aereokiller was a “cable system” as defined by Section 111 of the Copyright Act.

Court 40

Court Statute Court Decisions Technology 40

ClimateChange-ClimateLaw

JULY 6, 2017

Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. The Fourth Circuit also dismissed as moot an environmental group’s appeal of the district court’s denial of its motion to intervene. California Chamber of Commerce v. 16-2432 et al.

Court 40

Court Litigation Litigating Attorney 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The Ninth Circuit Court of Appeals affirmed a district court judgment rejecting challenges to San Francisco regulations that dictated which taxi medallion holders could pick up passengers at San Francisco International Airport. 1:20-cv-00056 (D.D.C. Union of Concerned Scientists v. National Highway Traffic Safety Administration , No.

Court 59

Court Government Litigation Litigating 59

SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. HRB Tax Group, Inc. Louisiana v.

Felony 132

Felony Statute Attorney Court 132

At the Lectern

MAY 5, 2022

Supreme Court draft opinion in a pending, exceptionally high-profile case has me considering leaks from California’s high court. Neither involved the disclosure of a draft opinion’s full text, just the bottom line of an impending decision. As it turned out, the decision did not come as a surprise.

Court 56

Court Drafting Statute Court Decisions 56

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.

Court Decisions 104

Court Decisions Statute Court Litigation 104

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. The 9th Circuit placed Hansen’s case on hold while the Supreme Court considered its Sineneng-Smith ruling. Next up is Lora v.

Immigration 100

Immigration Court Statute Law Firms 100

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.

Court 98

Court Court Decisions Statute Legal 98

SCOTUSBlog

MARCH 6, 2025

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Court decisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence. 21 and Feb.

Court 92

Court Attorney Laws Government 92

SCOTUSBlog

JUNE 16, 2022

The answer the court gave was a stern rebuke, vitiating the plenary control that lower-court decisions had granted the state for more than a quarter of a century. The most controversial provisions of that statute, addressed in Ysleta , are the provisions that govern the tribes’ subjection to Texas gambling regulations.

Court 75

Court Statute Government Laws 75

At the Lectern

MAY 29, 2023

The California Supreme Court had unanimously affirmed the conviction and death sentence. In 2000, the court summarily denied a state habeas corpus petition that raised, among other things, the ineffective counsel argument. Waidla (2000) 22 Cal.4th It appears that we have yet to learn the lesson of those cases.”

Court 45

Court Statute Court Decisions Attorney 45

The Crime Report

JUNE 23, 2022

Half of all incarcerated people serving LWOP are located in one of five states included in the review: California, Florida, Louisiana, Michigan, and Pennsylvania. Report authors highlighted a recent Supreme Court decision in Canada. Florida has the highest count of incarcerated people serving life without parole sentences.

Statute 142

Statute Court Decisions Court 142

The Crime Report

SEPTEMBER 7, 2023

Between 1997 and 2016, Congress enacted eight additional sex offender-related statutes , all of which are designed to either enhance or improve the tracking of sex offenders of every stripe through registration. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order.

Statute 119

Statute Felony Court Attorney 119

At the Lectern

MAY 30, 2024

.’ ” The appellate court also found inapplicable the Legislature’s intent statement in newly enacted Assembly Bill 600 that, in resentencing proceedings under section 1172.1 , which the bill amended, “courts have full discretion. ” The urging went unheeded, except for Justice Evans.

Court 45

Court Manufacturing Contract Attorney 45

At the Lectern

AUGUST 6, 2024

It’s time again (actually, past time) to look at how the California Supreme Court fared at the U.S. Supreme Court during the latter’s most recent term, which ended last month. Gregg and Seifu had been grant-and-holds in the California Supreme Court, which later dismissed review without opinions.

Technology 45

Technology Court Statute Court Decisions 45

JURIST

JANUARY 31, 2025

The US Court of Appeals for the Fifth Circuit ruled Thursday that a federal statute requiring people to be 21 to purchase handguns from Federal Firearms Licensees (FFLs) conflicts with previous Supreme Court decisions and the Second Amendment.

Statute 208

Statute Laws Court Court Decisions 208

ClimateChange-ClimateLaw

OCTOBER 20, 2020

In 2019, the Wyoming federal court stayed these proceedings challenging the Waste Prevention Rule while a challenge to the Trump administration’s repeal of the rule was pending in the federal district court for the Northern District of California. 1442, or the civil-rights removal statute, 28 U.S.C. California v.

Court 72

Court Government Compensatory Damages Litigation 72

SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. They invoke Rapanos v. In Kennedy v.

Court 107

Court Statute Education Laws 107