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28 Feb 2019, 9:40 am
The court had previously issued temporary restraining orders barring release of pre-2019 records pending full consideration on the merits of the petitions. [read post]
28 Feb 2019, 5:42 am
Supreme Court precedent, and with precedent from appellate courts in other states. [read post]
27 Feb 2019, 10:02 am
Because California’s law does not differ from federal law, the plaintiff’s state law claim was not preempted. [read post]
27 Feb 2019, 7:54 am
Court of Appeals for the 4th Circuit erred in concluding—in direct conflict with Virginia’s highest court and other courts—that a decision of the Supreme Court, Montgomery v. [read post]
27 Feb 2019, 5:01 am
It might even end up in the Supreme Court. [read post]
26 Feb 2019, 10:24 am
” Conspicuously absent from this portion of the opinion’s discussion is any mention of the legislative intent underlying the 90-day filing and service statute of limitations of Government Code § 65009(c)(1), its plain language stating it applies to bar “all persons” from “any further action or proceeding” after it expires (§ 65009(e)), and its expressly stated intent not to displace shorter statutes of limitations. [read post]
25 Feb 2019, 9:29 am
In a recent ruling issued by the Southern District of California, Ewing v. [read post]
25 Feb 2019, 6:51 am
Wayfair case, the Supreme Court opened up the door to states taxing online sales by non-residents. [read post]
22 Feb 2019, 11:30 am
The Columbia Law School graduate leaves a legacy as a pioneering lawyer.Also of note, the On Appeals column in The Recorder presents No Error or Abuse of Discretion Required: Opportunities and Risks on Appeal in the State Bar Court.The CLA Litigation Section's Committee on Appellate Courts (the successor to the former State Bar standing committee) has a website up and running now, here.Looking for interesting pure-appellate case law? [read post]
21 Feb 2019, 9:01 pm
From the States and Municipalities: California: L.A. [read post]
21 Feb 2019, 4:01 pm
California, 332 U.S. 46, 67 (Frankfurter, J., concurring). [read post]
21 Feb 2019, 8:40 am
Garcia, 17-834 Issues: (1) Whether the Immigration Reform and Control Act expressly pre-empts the states from using any information entered on or appended to a federal Form I-9, including common information such as name, date of birth, and social security number, in a prosecution of any person (citizen or alien) when that same, commonly used information also appears in non-IRCA documents, such as state tax forms, leases, and credit applications; and (2) if IRCA bars the… [read post]
20 Feb 2019, 12:13 pm
In this July 2018 post, I assessed the initial district court decision in the Trump administration's lawsuit against California's "sanctuary state" policies. [read post]
20 Feb 2019, 6:00 am
You are more likely to die of a DUI related crime in Kern County than any other county in the state of California. [read post]
20 Feb 2019, 3:40 am
Belmora's FLANAXBayer's Section 43(a) claims: The district court found that Bayer's Section 43 claims for unfair competition and false advertising, and its similar claims under California law, were barred by the applicable statute of limitations. [read post]
19 Feb 2019, 9:25 am
In 2012, the United States Supreme Court in Hosanna-Tabor Evangelical Lutheran Church & School v. [read post]
19 Feb 2019, 6:56 am
The court found two problems. [read post]
18 Feb 2019, 2:34 pm
Valentine’s Day Massacre, the Honorable Judge Gonzalo Curiel of the United States District Court for the Southern District of California reconsidered and reversed his November 2018 Blockvest decision, sending a powerful message about the illegality of so-called initial coin offerings. [read post]
17 Feb 2019, 9:17 pm
In either case, the lawsuit (also referred to as the “complaint”) is typically filed in state court in the county where the discrimination occurred or in a county relevant to the case (for example, if work was regularly performed there or that is where the company is headquartered). [read post]
17 Feb 2019, 5:38 pm
Regular readers know Texas and California presently are the only two states to have enacted "junk-science writs. [read post]
