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29 Jul 2009, 5:10 am
As Matter of First Impression, Class Action Plaintiff Attorney Ethically Prohibited from Contacting Class Members in Class Action once Trial Court Conditionally Certifies Litigation as a Class Action and Appoints Class Counsel California State Court Holds Plaintiffs filed three separate putative class action lawsuits against Vitamin Shoppe alleging labor law violations; specifically, the class action complaint alleged that defendant failed to pay employees… [read post]
13 May 2008, 11:44 am
Although a plaintiff is barred from bringing suit in federal court based on the federal Takings Clause, the same claim could be brought in state court against the state or state officials. [read post]
19 Oct 2021, 6:54 am
The court explained that the plaintiffs characterized the lack of a suitability analysis as an omission for the federal fraud claim but not as an omission for the state law fiduciary duty claim.The Ninth Circuit reversed, finding that the claims were not barred by the SLUSA. [read post]
28 Jun 2019, 9:51 am
” The dissent’s view would force the claimant to first use state court avenues for recompense, while, at the same time, their federal claim could be barred by using that avenue, under 28 U.S.C. [read post]
19 Jul 2016, 12:21 pm
The court stated that PMB did not do so. [read post]
29 Jun 2011, 6:04 am
" The California law bars the selling or renting of video games to people under 18 when the games involve killing, maiming, dismembering or sexually assaulting a human being. [read post]
8 Mar 2016, 6:30 am
Elliot Brownlee, University of California, Santa Barbara, "Taxation in the United States since 1945: Was there a 'Neo-liberal' Revolution in the 1970s and 1980s? [read post]
9 Aug 2021, 9:01 pm
Supreme Court has consistently (if incorrectly) construed the Eleventh Amendment of the Constitution as embodying a principle of “sovereign immunity” that bars suits against states themselves or state-level entities (like a state legislature) in federal court unless the state consents or Congress has validly abrogated the state’s immunity, neither of which the complaint alleges in this case. [read post]
14 Mar 2012, 7:26 pm
Here in California, for some time there has been a fairly fierce debate raging between one segment of the plaintiff’s bar and the business community relating to disability access litigation. [read post]
19 Oct 2009, 2:54 am
Sept. 30, 2009), the United States Court of Appeals for the Ninth Circuit reversed a controversial decision by the United States District Court for the Central District of California, which improperly excluded from evidence in a criminal prosecution certain statements made by a senior officer to corporate counsel conducting an internal investigation that the officer claimed were protected from disclosure by the attorney-client privilege". [read post]
23 Apr 2024, 7:51 am
However, two contradictory decisions from the same California State court illustrate the inherent difficulty that courts grapple with in applying decades old legislation to constantly evolving technology. [read post]
3 Jul 2014, 4:00 am
Published by the Law Practice Division of the American Bar Association, the main focus of the book is on United States law. [read post]
1 Oct 2018, 10:55 am
Further, although not expressly stated in the new law, attorneys should be aware of the risk of being disciplined by the State Bar of California for a violation. [read post]
8 Oct 2015, 1:37 pm
Jewell (Tribal Enrollment, Ancestral Lineage)County of Amador, California v. [read post]
12 Jan 2022, 9:21 am
In October the First District launched its judicial mentorship program to develop and recruit qualified and diverse applicants for the state's courts of appeal. [read post]
20 Apr 2015, 1:29 pm
Perry, the challenge to California’s ban on same-sex marriage. [read post]
16 Dec 2013, 1:50 am
The district court’s decision was based on precedent from the Supreme Court of the United States. [read post]
18 Jun 2007, 8:03 am
In two cases with major ramifications for businesses operating in multi-state markets, the Court refused to hear constitutional challenges to a state's imposition of corporate income and franchise taxes on out-of-state businesses that have no physical presence in the state, but do have some customers inside the state. [read post]
27 Jun 2017, 5:34 am
American Pipe emphasized equitable principles to the near exclusion of other interests, the court said, suggesting that it is limited to a court’s equitable powers to toll a statute of limitations, and a repose statute’s purpose supplants a court’s equitable powers (California Public Employees' Retirement System, Petitioner v. [read post]
6 Jul 2012, 10:47 am
California, 332 U.S. 46, 68 (1947) (Murphy, J. dissenting). [read post]
