Mondaq

JUNE 24, 2022

On June 15, 2022, the Supreme Court of the United States issued an 8-1 decision in Viking River Cruises, Inc. Moriana, holding that an employee's individual claims for penalties.

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At the Lectern

FEBRUARY 13, 2024

From the news release by Karen Datangel: “This February, California courts and the Judicial Council of California join the nation in recognizing Black History Month. of California judges identify as Black or African American , compared to 4.6% Lee later got his freedom from a federal court ruling.

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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. . The issue is also before many other courts, both in California and elsewhere.

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Attorney at Work

SEPTEMBER 30, 2022

But then, on October 19, 2021, Joseph Ryan, an attorney from Palos Verdes Estates, filed a complaint against the Los Angeles County Board of Supervisors, arguing that the transfer of Bruce’s Beach to the Bruce family is an unconstitutional “gift” under Section 6 of Article 16 of the California Constitution. A Case Study in Judicial Analytics.

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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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SCOTUSBlog

JUNE 25, 2021

Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. Friday’s ruling in TransUnion v. Ramirez came in a dispute that arose when a California man, Sergio Ramirez, attempted to buy a car. The Supreme Court ruled in Spokeo v.

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Law 360

MAY 22, 2023

Golden State whistleblower statutes shield workers from retaliation for disclosing wrongdoing even if the report recipient already knows about the alleged misconduct, the California Supreme Court ruled Monday.

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SCOTUSBlog

JUNE 12, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Court ruled in Nieves v. City of El Dorado, California 22-1074 Issue : Whether a building-permit exaction is exempt from the unconstitutional-conditions doctrine as applied in Nollan v.

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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.

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The Crime Report

DECEMBER 20, 2021

Adopt American Bar Association Rules for Defining Prosecutorial Misconduct. Judges should certify that the “Brady rule,” mandated under a 1963 Supreme Court ruling, is followed at each criminal trial. Some 23 states have adopted these verbatim or with some modifications. Certify Compliance.

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At the Lectern

JANUARY 19, 2024

But Chief Justice Patricia Guerrero is hopeful output will increase over the second half so that the court will exceed current projections. Guerrero, along with new Judicial Council Administrative Director Shelley Curran , spoke at her first meeting with the press since becoming California’s chief justice just over a year ago.

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At the Lectern

JANUARY 3, 2025

It was a busy conference, however, the court ruling on 176 matters. Acrisure of California, LLC v. Superior Court is another grant-and-hold for EpicentRx, Inc. Here are some of the notable actions. Another f orum selection grant-and-hold. In People v.

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At the Lectern

APRIL 28, 2022

subdivision (c) and rule 8.392(b) of the California Rules of Court, or whether the matter should be remanded to the superior court so it may in the first instance decide whether the petition or its claims are successive under section 1509, subdivision (d), and if so whether to issue a certificate of appealability under section 1509.1,

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At the Lectern

DECEMBER 10, 2022

except the alternative writ’s recipient is a Court of Appeal. The subject of the proceeding is one that is near and dear to the hearts of California’s appellate practitioners — whether parties to an appeal have the unfettered right to stipulate to a 60-day extension of a briefing deadline.

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At the Lectern

NOVEMBER 21, 2024

It was a light Supreme Court conference yesterday, with the court ruling on only 64 matters. The court agreed to hear People v. But there were some notable actions, including: Statements made to undercover police agent. Orozco (2019) 32 Cal.App.5th In People v.

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At the Lectern

MARCH 24, 2022

California (2021) 141 S.Ct. In a rare ruling, the court granted review in Munoz v. The statute proscribes a reviewing court from “render[ing] a decision in a proceeding. ” The Supreme Court’s order depublishes the appellate court’s opinion. 2011, 210 L.Ed.2d

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At the Lectern

APRIL 17, 2025

It was a big double conference; the court ruled on 171 matters. This Part I reports on some of the highlights: Posthumous pardon recommendation Supreme Court approves posthumous pardon for Medal of Honor recipient. and California Supreme Court case law (see Adolph v. Uber Technologies, Inc. 2023) 14 Cal.5th

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Broadcast Law Blog

OCTOBER 11, 2013

This decision comes on the heels of a decision the decision by the US District Court in Washington DC finding that Aereo-like service FilmOn X was violating the copyrights of TV stations by operating a similar service in the DC area (see our discussion of that decision here ).

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MyCase

AUGUST 16, 2022

The article also states, “It is critically important to understand the labyrinth of potentially applicable ethics rules that intertwine with certain court rules on retirement.”. Rulings on this will differ from state to state. When Do Lawyers Retire? According to the U.S. is 65 for men and 63 for women.

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JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. The US District Court Southern District of Texas ruled in favor of the states, enjoining Homeland Security from enforcing the memorandum.

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At the Lectern

MARCH 16, 2023

2) May a superior court ever set pretrial bail above an arrestee’s ability to pay? Specifically, the issue is whether a court, when resentencing for the felony underlying the vacated felony-murder conviction, can include an enhancement related to the underlying felony. Rules of Court, rule 8.528(d); In re Benoit (1973) 10 Cal.3d

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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 district court ruled that EPA was required to conduct such evaluations in October 2016 and set an expedited schedule for EPA’s compliance. California Chamber of Commerce v.

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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. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Zepeda , No.

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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.

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SCOTUSBlog

MARCH 11, 2024

Thirty years later, in the second law, the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937 , Congress directed the Interior Department to enforce sustainable harvesting of timber in a broad swath – nearly 2.6 Biden , the challengers ask the justices to grant review and reverse the lower courts’ rulings.

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SCOTUSBlog

JULY 15, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, whether hedonic damages are consistent with the federal statute permitting lawsuits against state officials for civil rights violations. A federal district court in California upheld the award in full, holding that a 2014 decision by the U.S.

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SCOTUSBlog

FEBRUARY 22, 2022

He first started sketching Supreme Court arguments in the 1977-78 term, when Regents of the University of California v. The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. Bakke , an affirmative-action case, was decided.

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SCOTUSBlog

NOVEMBER 2, 2022

The Supreme Court has held that the federal government assumes a trust obligation to assert reserved water rights for Native tribes only when it “ expressly accepts those responsibilities by statute ,” by regulation, or by treaty with a tribe. Issues : (1) Whether the doctrine of Chevron U.S.A., Natural Resources Defense Council, Inc.

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At the Lectern

OCTOBER 14, 2022

The legislative change came after the superior court sentenced the defendant. ” The dissent criticized the majority for improperly “substituting its judgment for that of the trial court.” The dissent claimed “section 1109 is not an ameliorative statute. Superior Court (2000) 80 Cal.App.4th

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The Crime Report

MAY 28, 2021

Then, in 2009 , the California Supreme Court ruled that the callousness of the original crime couldn’t be a parole board’s sole criterion for denying a person freedom. Four years later, California Gov. He’s now married and employed in Berkeley, California, as a substance abuse counselor and program supervisor.

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At the Lectern

JULY 13, 2023

the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes.

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At the Lectern

JUNE 13, 2024

Writing that “California law over the last few decades. has not been a friend of arbitration,” the dissent said, “By again putting arbitration on the chopping block, this statute invites a seventh reprimand from the Supreme Court of the United States.” The court also agreed to hear Shear Development Co.

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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.

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The Crime Report

SEPTEMBER 7, 2023

In a 6-3 decision Ex parte Danny Richard Lane , the state’s highest criminal appeals court ruled that Texas’ historical doctrine of “judicial clemency” does not forgive sex offender registration. In 1987, the trial court “set aside” the rape conviction through a “judicial clemency” order.

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At the Lectern

DECEMBER 12, 2024

Supreme Court lets stand order removing superior court judge from the bench. In June we wrote the California Racial Justice Act ( here and here ) “is a good candidate to be the next big thing on the courts docket. Rules of Court, rule 8.528(d); see In re Benoit (1973) 10 Cal.3d Judge removed.

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SCOTUSBlog

MARCH 30, 2022

Ross , involving a dormant commerce clause challenge to a California law prohibiting the sale of pork unless the pigs from which it was made (virtually all of which come from outside the state) were raised consistent with the state’s restrictive standards. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

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JonathanTurley

MARCH 10, 2021

Regents of University of California , which I teach in my torts class. In this case, the court ruled that that burden was not satisfied. The court distinguished between the duty to the mother as opposed to the girlfriend: Here, it is uncontroverted that Loyd never actually communicated to Benton that he intended to harm Melissa.

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