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16 Jul 2019, 4:05 am
Earlier this month, the U.S. 9th Circuit Court of Appeals voted to vacate the 3-judge panel's decision in State of California v. [read post]
11 Dec 2019, 9:41 am
"On the state side, check out Judge Need Not Inquire if the Parties Want a Court Reporter—C.A. [read post]
10 Feb 2011, 12:47 pm
Reniff (Case Nos. 09-15768, 09-16956), reversed a district court's grant of summary judgment and restored the First Amendment lawsuits brought by the publisher of Crime, Justice & America ("CJA") against two correctional facilities that barred distribution of unsolicited copies of the publication to inmates.Hrdlicka, a former bail bondsman, has published 14 editions of CJA since its inception in 2002, distributing more than a million copies to inmates in 13… [read post]
2 May 2011, 6:13 pm
Section 1194 precluded recovery as to both state and federal overtime claims; Section 226 allowed fee awards to employees only; and California’s unfair competition law categorically does not authorize attorney fee awards. [read post]
4 Sep 2013, 4:52 am
The California courts have been overrun with wage-hour lawsuits. [read post]
13 Mar 2014, 6:25 pm
The court similarly declined to decide whether the suit was barred by Kiobel, stating: The present case may well be distinguishable from Kiobel. [read post]
14 Mar 2014, 5:40 am
As the court explained, the California safe harbor doctrine bars certain claims brought under California’s consumer statutes, and for the doctrine to apply, another provision must actually “bar” the action or clearly permit the conduct. . . . [read post]
11 Apr 2013, 3:00 am
The Discover Bank rule had barred as an unconscionable exculpatory clause under California contract law a consumer adhesion contract arbitration provision that had the effect of prohibiting class arbitration of small dollar amount claims affecting large numbers of disputants. [read post]
18 Dec 2011, 6:56 pm
The State of California does not allow a debtor to use Federal bankruptcy exemptions under Title 11 of the United States Code ("Title 11 U.S.C.). [read post]
3 Nov 2010, 6:33 pm
Supreme Court of California is a petition for a writ of mandamus where the prisoner pro se demands the Chief Justice of the California Supreme Court to rule on his petition for habeas corpus. [read post]
25 Jan 2013, 8:00 am
Please remember that the State Bar of California, Labor and Employment Law Section will present a special "Watch List Webinar" on Harris within a week or two of the decision, which is due on March 4. [read post]
29 Mar 2011, 7:48 pm
We note that the referral was allegedly improper because a referral service used by Henderson was not a “referral service or agency operated by a state or local bar association,” as required by the [California Structured Settlement Protection Act] . . . . [read post]
26 May 2022, 12:52 am
He’s an inactive Marine and became a lawyer on the California State Bar Law Office Study Program, later receiving his JD from UWLA School of Law. [read post]
31 Jul 2018, 12:41 pm
In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. [read post]
11 Aug 2010, 8:37 pm
Neither California voters nor the voters of any state can amend their respective constitutions to deny rights guaranteed by the United States Constitution. [read post]
22 Feb 2011, 5:41 pm
At trial, the state court granted Century’s demurrer and Garcia appealed. [read post]
9 May 2019, 6:20 am
Because the Ninth Circuit held that the agreement was ambiguous, the appellate court turned to California’s contra proferentem rule and held that this state law contract principle required the court to interpret the ambiguous language against the drafter—here, Lamps Plus. [read post]
5 Aug 2010, 4:29 am
The court noted that the issues all arose under its authority to regulated the practice of law, and no statutes or state constitutional provisions were at issue, which may distinguish the case from the issue in other states. [read post]
16 Nov 2007, 7:31 pm
In a decision a week ago Sunday, a state court judge in Florida, Carven D. [read post]
19 Oct 2010, 9:14 pm
The annual California State Bar renewal form has an opt-out for the state Supreme Court Historical Society. [read post]
