ClimateChange-ClimateLaw

MARCH 18, 2025

Marine CDR project proponents could also be held liable for the harmful impacts of their projects under tort (i.e. While some forms of tort law are unlikely to apply to marine CDR projects, others are relevant, especially for projects in state ocean waters. judge-made) law. Previous reports have analyzed the international and U.S.

Tort 59

Tort Statute Legal Legal 59

At the Lectern

APRIL 12, 2023

The Daily Journal today named the recipients of its annual California Lawyer of the Year award. the court made things easier for undocumented children to obtain from California courts the findings federal law requires to apply for immigration relief that creates a pathway to permanent resident status. (2022) 13 Cal.5th 2022) 13 Cal.5th

Lawyer 81

Lawyer Lawyers Immigration Court 81

SCOTUSBlog

JUNE 17, 2021

The plaintiffs filed a lawsuit in federal court in California against Nestlé and Cargill, alleging that the companies had aided and abetted human-rights abuses because they had purchased cocoa beans from the plantations even though the companies knew that the plantations used child slavery. courts for serious violations of international law.

Tort 144

Tort Statute Finance Court 144

HowAppealing

JANUARY 14, 2024

The Wall Street Journal has published an editorial titled “ California Invents a Crazy New Tort; Golden State judges rule that Gilead can be sued for taking too long to develop an HIV drug.” ” You can access last Tuesday’s ruling of the California Court of Appeal for the First Appellate District at this link.

Court Rules 100

Court Rules Tort Court Laws 100

At the Lectern

JULY 10, 2023

California State Lottery Com. ” (Link added.) North Orange County Regional Occupational Program (2010) 191 Cal.App.4th 4th 289 [Fourth District, Division Three]; Lundeen Coatings Corp. Department of Water & Power (1991) 232 Cal.App.3d 3d 816 [Second District, Division Five], Janis v. 1998) 68 Cal.App.4th

Tort 45

Tort Government Contract Court 45

ClimateChange-ClimateLaw

DECEMBER 3, 2020

In our new report, Climate Risk in the Electricity Sector: Legal Obligations to Advance Climate Resilience Planning by Electric Utilities , we show that it is also legally required under state public utility law and tort law. It also puts electric utilities at risk of breaching their obligations under state public utility law and tort law.

Tort 98

Tort Personal Injury Laws Legal 98

SCOTUSBlog

APRIL 25, 2025

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. City of Los Angeles, California. The court granted review in United States Postal Service v.

Court 81

Court Government Tort Laws 81

JonathanTurley

NOVEMBER 20, 2023

Below is my column in The Hill on the recent victory of a California professor in challenging diversity, equity and inclusion (DEI) policies on free speech grounds. I also teach critical race theory, alongside other legal theories to my first-year torts students. You object to DEI statements, priorities and training at your own peril.

Law School 71

Law School Education Tort Laws 71

At the Lectern

SEPTEMBER 27, 2021

The latest edition of California Legal History, the Journal of the California Supreme Court Historical Society , is out and available here. The Journal includes the following: › Women, Marriage, and Divorce in California, 1849–1872 by Bonnie L. Moreno, Associate Justice, California Supreme Court, 2001–2011.

Divorce 64

Divorce Tort Legal Legal 64

Law 360

AUGUST 8, 2024

California plaintiffs with tort claims against Bird Global Inc. can't stop a Chapter 11 plan for the bankrupt e-bike and e-scooter rental company while they appeal its confirmation because of the plan's third-party releases, a Florida bankruptcy judge ruled Thursday.

Tort 52

Tort 52

At the Lectern

AUGUST 9, 2022

Los Angeles Times writers Harriet Ryan and Matt Hamilton report today on Chief Justice Tani Cantil-Sakauye’s reaction to their earlier exposé about the role of private judges — including former California Supreme Court justice Edward Panelli — in disgraced lawyer Tom Girardi’s schemes to defraud clients. ”). .

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Legal Legal Tort Lawyer 49

Law 360

AUGUST 22, 2024

California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated (..)

Tort 52

Tort Contract Lawyer Lawyers 52

At the Lectern

FEBRUARY 27, 2025

Nor, under the supremacy clause of the federal Constitution, may the exclusive remedy provision in Californias workers compensation scheme be applied to deprive a plaintiff of a substantive federal maritime right.” ” But the plaintiff does not yet have clear sailing for his lawsuit.

Laws 45

Laws Tort Court 45

SCOTUSBlog

MAY 14, 2021

California , a state court in California ruled that the Federal Aviation Administration Authorization Act of 1994, which expressly preempts any state law “related to a price, route, or service of any motor carrier … with respect to the transportation of property,” did not preempt California’s “ABC test.” California.

Tort 98

Tort Real Estate Court Laws 98

Paralegal Bootcamp

APRIL 15, 2022

States with the highest employment levels were Florida, California, Texas, New York, and Illinois, with annual wages ranging from $52,100 to $60,390. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law.

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Paralegals Paralegal Legal Assistance Legal Assistant 246

ClimateChange-ClimateLaw

MAY 23, 2018

a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. BP P.L.C. , Three weeks later, on June 13, Judge John F. But none of the judges in these cases are bound by those decisions.

Litigation 52

Litigation Litigating Tort Cause of Action 52

At the Lectern

AUGUST 20, 2021

The California Supreme Court Historical Society honored the three winners of its annual Selma Moidel Smith Law Student Writing Competition. (I’m Brook Tylka, who just graduated from Boston University’s law school, won second place, writing “Getting to Tarasoff : A Gender-Based History of Tort Law Doctrine.”.

Law School 64

Law School Tort Laws Court 64

At the Lectern

FEBRUARY 27, 2025

Nor, under the supremacy clause of the federal Constitution, may the exclusive remedy provision in Californias workers compensation scheme be applied to deprive a plaintiff of a substantive federal maritime right.” ” But the plaintiff does not yet have clear sailing for his lawsuit.

Laws 40

Laws Tort Court 40

Law 360

JANUARY 13, 2023

Catch up this week with coverage on why Private Attorneys General Act suits and notices are decreasing in California, what could happen if the U.S.

Tort 52

Tort Attorney Court 52

JonathanTurley

FEBRUARY 28, 2021

I have taught medical malpractice as part of my torts course for decades but I have never seen anything quite like this. He will now have to appear before the Medical Board of California, presumably not in scrubs and in mid surgery. While Green was willing to continue, the court was not.

Tort 43

Tort Litigation Litigating Court 43

At the Lectern

DECEMBER 7, 2021

The Ninth Circuit yesterday asked the Supreme Court to resolve a question of California law that will decide a federal action against Uber arising from the alleged improper launch of the company’s ridesharing platform in Argentina. Asked and answered: California Supreme Court responses to Ninth Circuit questions.

Court 49

Court Tort Contract Legal 49

The Paralegal Resource

JANUARY 26, 2012

In California, UPL is a crime, not a civil tort. Even if you are a lawyer, it might be scary to be charged with an Unauthorized Practice of Law (UPL) complaint, by a district attorney, a State Attorney General, or the US Attorney General (or their deputies). If you are not an attorney, this would definitely be scary.

Tort 40

Tort Attorney Lawyer Lawyers 40

JonathanTurley

NOVEMBER 1, 2022

That was unfortunately not particularly notable given the common crimes and torts that marks All Hallow’s Eve. Dominic Salazar, 31, had a Halloween to remember (or not) after he was arrested for drunken disorderly conduct, domestic battery, and other charges.

Tort 38

Tort Legal Legal Criminal Law 38

At the Lectern

AUGUST 22, 2024

the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule. The economic loss rule generally prohibits plaintiffs from recovering tort damages in cases involving breaches of contract that cause only economic losses. Uber Technologies, Inc.

Contract 40

Contract Cause of Action Tort Technology 40

At the Lectern

AUGUST 18, 2021

California Unemployment Insurance Appeals Board and Gonzalez v. Gonzalez raises the issue, can a homeowner who hires an independent contractor be held liable in tort for injury sustained by the contractor’s employee when the homeowner does not retain control over the worksite and the hazard causing the injury was known to the contractor?

Tort 49

Tort Calendaring Court 49

The Crime Report

JULY 7, 2022

Covering wage and hour claims is novel among state NDA restrictions and the language about public policy mandates appears to be aimed at a tort claim that’s available for wrongful termination under Washington law.

Tort 45

Tort Contract Laws 45

At the Lectern

JULY 19, 2024

This is one that torts professors are probably anxiously awaiting. State of California , which, because of post-argument briefing , isn’t due until August 29. On Monday morning, the Supreme Court will file its opinion in Downey v. City of Riverside. Briefs here ; oral argument video here.)

Calendaring 45

Calendaring Tort Court 45

JonathanTurley

SEPTEMBER 22, 2021

Students at California Lutheran University have filed a federal defamation lawsuit against the school for defamation and false light after the school denounced softball players and coaches as racists for a college skit. California Lutheran University complaint. TWELFTH CAUSE OF ACTION FOR VIOLATION OF LABOR CODE § 2699.

Cause of Action 34

Cause of Action Construction Contract Tort 34

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. Nunes will be allowed to litigate his claim that Lizza defamed him by claiming that he secretly moved his farm from California to Iowa and linked the move to the alleged use of undocumented labor.

Tort 59

Tort Immigration Cause of Action Court Rules 59

JonathanTurley

NOVEMBER 15, 2022

The California Democrat insisted that it is akin to “putting patients in charge of their own surgeries? American torts have long required consent in medical torts. Ironically, California has one of the strongest patient-based consent rules. As the California Supreme Court stated in Cobbs v.

Legal 54

Legal Legal Education Tort 54

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] The claimant sought to apply the cases on the tort of misuse of private information by analogy.

Tort 75

Tort Litigation Litigating Finance 75

JonathanTurley

APRIL 23, 2023

Teaching torts, it is easy to develop a sense of the macabre. Torts involves every possible thing that can happen to people from finding a toe in chewing tobacco (Pillars) to being killed by a flying coffin at an amusement part (Chueng). Since I was a law student, I have also noted bizarre “flying body” cases of torts.

Tort 49

Tort Laws 49

The IP Law Blog

MAY 12, 2022

West’s lawyer claims that the producers have committed the tort of false light invasion of privacy by creating a false impression about Mr. West that is highly offensive and injurious to his reputation and have also defamed Mr. West by attributing acts of rage to him that he never committed. In Fairstein v.

Drafting 98

Drafting Lawyer Lawyers Court 98

JonathanTurley

OCTOBER 6, 2022

” Like most states, California has codified the citizen arrest power. There is some variation in these laws but California has a classic provision. It allows for the use of a citizen’s arrest for any felonies but also a misdemeanor if it is committed in your presence.

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Felony Misdemeanor Tort Statute 50

Conflict of Laws

AUGUST 24, 2023

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II. But California, like most U.S. It is cross-posted at Transnational Litigation Blog.

Laws 52

Laws Statute Court Tort 52

ClimateChange-ClimateLaw

JULY 21, 2023

Stories about climate change and insurance dominate the news , as insurer after insurer pulls out of markets like Florida and California that are at high risk of climate change-driven catastrophes. Climate litigation is a broad and rapidly changing risk, however, and current industry modelling techniques struggle to capture its full scope.

Litigation 97

Litigation Litigating Finance Tort 97

At the Lectern

NOVEMBER 20, 2023

The court’s unanimous opinion by Justice Goodwin Liu holds that section 1759 bars the class action because “allowing suit here would interfere with the [California Public Utilities Commission’s] comprehensive regulatory and supervisory authority over [Public Safety Power Shutoffs].” Citation.]

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Court Tort 45