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A California judge ruled Friday that Proposition 22, a 2020 ballot measure exempting Uber and other companies from a state labor law by classifying drivers as independent contractors, is unconstitutional and unenforceable because it interferes with the legislature’s power to set workplace standards.
The US Supreme Courtruled 8-1 Wednesday that the Federal Arbitration Act (FAA) partially preempts a California law that invalidates waivers of the right to assert representative claims under the California Private Attorneys General Act (PAGA). Justice Alito wrote the opinion of the Court.
The US Court of Appeals for the Ninth Circuit Thursday ruled that two California counties violated the Constitution’s Second Amendment right to keep and bear arms when the counties forced gun shops and firing ranges to close in 2020 to limit the spread of COVID-19. A three-judge panel rejected the district courts’ rulings.
The US Supreme Court granted injunctive relief in an order Friday to a group of churches in Santa Clara County, California, who sought to continue holding indoor worship services in spite of COVID-19 bans.
.” The court also ordered Uber to pay 5,000 francs to the enforcement agency for labor law in Switzerland to cover their court costs. . Courts in other countries have taken issue with Uber’s employment structure. Nearly 90% say that this flexibility is the most important reason they use the Uber app to earn.
The Ninth Circuit Court of Appeals ruled Tuesday that the seizure of 700 safety deposit boxes under the process of civil asset forfeiture went beyond the warrant issued and violated the Fourth Amendment prohibition against unreasonable search and seizure. The case has been remanded back to the district court for further proceedings.
” The courtruled that because the statute’s text is written in the passive voice, the statute turns on how the money was obtained, not who committed the fraud to obtain the money. ” The lawsuit arose when Kate and David Bartenwerfer remodeled their home in California to sell for a profit.
The US Court of Appeals for the Ninth Circuit Friday partially reinstated 2023 laws in Hawaii and California banning the carry of firearms in certain “sensitive places.” One reason for the different outcomes in Hawaii and California is that the 2022 US Supreme Courtruling in New York State Rifle & Pistol Association v.
The US Supreme Court on Wednesday ruled unanimously in Lange v. California that, under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always or categorically qualify as an exigent circumstance justifying warrantless entry into a home.
The US Supreme Court heard oral arguments Tuesday from a California man challenging a $23,000 traffic impact fee levied in exchange for a building permit. California Coastal Commission and Dolan v. City of Tigard , the court required scrutiny of permit conditions to ensure they did not run afoul of the Constitution.
The US Court of Appeals for the Eighth Circuit ruled Tuesday that a Minnesota law requiring handgun carry permit applicants to be at least 21 years of age is unconstitutional. In light of the Eighth Circuit’s ruling, the state may petition for a full-court rehearing or appeal to the US Supreme Court.
The US Supreme Court declined Monday to take up an appeal by a group of oil companies challenging a California state courtruling permitting two California cities to sue for damages related to climate change, meaning the case will be heard in state court.
The court reversed and remanded in part the US District Court for the Central District of California’s ruling that Prop 22 is constitutional and allows companies to treat their workers as independent contractors. This is good news for services like Uber and Lyft, which rely on contractual work.
The US Supreme Courtruled 5-4 Tuesday in PennEast Pipeline Co. The district courtruled in favor of PennEast Pipeline, but the Third Circuit vacated the order. In an opinion delivered by Chief Justice John Roberts, the US Supreme Court reinstated the district court order in favor of PennEast Pipeline.
A California District Court Tuesday ruled that Uber’s refusal to provide electric wheelchair accessible vehicles (WAV) does not violate the Americans with Disabilities Act (ADA). Thus, the court concluded, Uber is not required to provide WAVs under the ADA.
In early 2017, the US District Court for the Northern District of California dismissed Duguid’s claim on the basis that Facebook’s notification system is not an automated telephone dialing system (ATDS).
“California ammunition background check law can remain in effect, courtrules”: Nate Raymond of Reuters has this report on an order that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
In a divided decision, the Supreme Courtruled Friday against a California ban on indoor church services. However, it did not strike down California’s restrictions on indoor singing, chanting, and limits to the number of worshipers. Newsom and Harvest Rock Church v.
The US Supreme Court held Wednesday in Cedar Point Nursery v. Hassaid that a California regulation granting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization constitutes a per se taking.
“Concealed weapons: California looks to restrict how people can carry guns in wake of U.S. Supreme Courtruling.” ” Bob Egelko of The San Francisco Chronicle has this report.
appeals court has ruled that California’s ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional, NPR reports. In the 2-1 ruling, the judges said the ban violates the right to bear arms. Citing the Second Amendment, a U.S.
The US Court of Appeals for the Ninth Circuit Wednesday reversed a ruling holding that the Children’s Online Privacy Protection Act (COPPA) preempts state law causes of action against Google for collecting data from children’s online behavior. Circuit Judge M. Margaret McKeown authored the three-judge panel decision.
“Ideology Shows in Supreme CourtRuling on Union Organizing; If conservative justices oppose judicial activism, what did they just do to a longstanding California labor law?” ” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
The California Supreme Courtruled Thursday that keeping people in jail based solely on their inability to post bail is unconstitutional. The purpose of bail is to protect the public interest and to assure that those who are released from jail will return to court.
“Supreme Court Upholds California Law on Humane Treatment of Pigs; The courtruled that the measure did not violate constitutional limits on state laws that affect conduct beyond the state’s borders”: Adam Liptak of The New York Times has this report. Supreme Court in National Pork Producers Council v.
“Drugmaker can be held responsible for delaying HIV treatment rollout, courtrules”: Bob Egelko of The San Francisco Chronicle has this report. ” You can access last Tuesday’s ruling of the CaliforniaCourt of Appeal for the First Appellate District at this link. .”
“Supreme CourtRules Against Union Recruiting on California Farms; The case concerned a unique state regulation allowing labor representatives to meet with farm workers at their workplaces for up to three hours a day for as many as 120 days a year”: Adam Liptak of The New York Times has this report.
US District Judge Charles Breyer ruled Wednesday that the nationwide pharmacy chain Walgreens contributed to and is liable for the opioid epidemic in San Francisco. This decision results from a month-long bench trial in the US District Court for the Northern District of California. The courtruled this burden was met at trial.
The US Court of Appeals for the Ninth Circuit Monday struck down a Berkeley, California law that prohibited the installation of natural gas piping in newly constructed buildings. ” The post Federal appeals court strikes down California law regulating natural gas appeared first on JURIST - News.
“9th Circuit stays ruling against California ban on high-capacity ammunition magazines”: Kevin Rector of The Los Angeles Times has this report. Bob Egelko of The San Francisco Chronicle reports that “ Ninth Circuit suggests it will uphold California’s ban on large-capacity gun magazines.”
Share California homeowner George Sheetz won a victory at the Supreme Court on Friday in his challenge to the constitutionality of a fee that he was required to pay the county to receive a permit to build his home. California Coastal Commission and Dolan v. This article was originally published at Howe on the Court.
“Ninth Circuit overturns California ban on selling semiautomatic rifles to people under 21”: Bob Egelko of The San Francisco Chronicle has this report. Andrew Sheeler of The Sacramento Bee reports that “ California violated the Second Amendment with semiautomatic rifle age restriction, court finds.”
The Cassirer family sued the foundation in a California federal court after learning that the painting was listed in the foundation’s museum catalog. The district courtruled in favor of the foundation, and the US Court of Appeals for the Ninth Circuit affirmed. Vaello Madero , City of Austin v.
The US Supreme Courtruled Friday in a 6-3 decision to allow cities to enforce bans on homeless encampments even when shelter space is unavailable. The National Homelessness Law Center took to X to address the matter saying that the “ Supreme Courtruling will make homelessness worse.”
“Some California churches reopen after Supreme Court lifts ban on indoor services”: Alex Wigglesworth and Thomas Curwen of The Los Angeles Times have this report.
“Gun store closures in early days of COVID-19 pandemic violated citizens’ rights, courtrules”: Bob Egelko of The San Francisco Chronicle has this report. Don Thompson of The Associated Press reports that “ California’s COVID gun store shutdowns ruled illegal.”
Are electronic signatures legal in California? The post Are electronic signatures legal in California? In the world of eFiling, it's important for law firms to know where they stand with documents. eFiling basics to know) appeared first on One Legal.
“Ninth Circuit throws out vaccine mandate for California prison guards; The court overturned a judge’s finding that the state’s vaccination policy for prison staff amounted to deliberate indifference to inmates’ health”: Edvard Pettersson of Courthouse News Service has this report on an unpublished opinion that the U.S.
Before this ruling, New Jersey was among roughly two dozen states that allowed police departments to shield most police records from public view, but the protests after George Floyd’s murder last year led some states to “loosen their rules.” .
“Supreme CourtRules on Stolen Art, Signs and Puerto Rico’s Status; The justices addressed federal benefits in Puerto Rico, an effort to reclaim an Impressionist masterpiece and whether the First Amendment allows some billboard regulations”: Adam Liptak will have this article in Friday’s edition of The New York Times.
David Snyder, executive director of the First Amendment Coalition, writes in the Sacramento Bee about the Supreme Court’s recent administrative order revising its policy about the confidentiality of records submitted to the court by a governor that support requests for clemency recommendations.
Moriana was a victory for employers seeking to enforce mandatory arbitration clauses in the face of a landmark California worker-protection law. The court found that the California law was inconsistent with the federal arbitration law’s broad mandate that courts enforce arbitration agreements.
“‘Hot Pursuit’ Doesn’t Always Justify Entry, Supreme CourtRules; The mere flight of a person suspected of a minor crime, without more, does not allow police officers to enter homes without warrants, the court said”: Adam Liptak of The New York Times has this report. ” David G.
The Daily Journal today named the recipients of its annual California Lawyer of the Year award. Three of the cases resulted in Supreme Court opinions. One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. 5th 93 — “ Missed break premiums count as wages, State Supreme Courtrules.”
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