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10 Nov 2017, 10:00 am
For reasons that confound, the employer decided it was a good idea to challenge the removal petition - the case originated in State court - on the grounds that removal jurisdiction violated Article I, § 10 of the United States Constitution - the so-called impairment-of-contracts clause. [read post]
10 Nov 2017, 9:47 am
In 1993, an appellate court in California ruled in People vs. [read post]
10 Nov 2017, 9:47 am
In 1993, an appellate court in California ruled in People vs. [read post]
9 Nov 2017, 9:05 pm
Clerk’s biggest drawback is that it is exclusively built for California state law. [read post]
8 Nov 2017, 12:56 pm
Paige Gasper, a 21-year-old student at Sonoma State University in California, has filed the first of what is likely to be many lawsuits relating to the mass shooting in Las Vegas on October 1. [read post]
8 Nov 2017, 8:55 am
Just last week, after undertaking an unusual “fast track” process requested by the Chief Judge of its Supreme Court, California became the 50th state to adopt ABA Ethical Rule 3.8 requiring prosecutors to turn over all favorable information that tends to negate the guilt of an accused, which will allow the state bar to discipline prosecutors who deliberately violate its terms. [read post]
7 Nov 2017, 1:36 pm
Most courts have held that employers are not required to assist a disabled employee with getting to work. [read post]
7 Nov 2017, 10:50 am
The nightmare scenario is the famed Winnie the Pooh case in California, Stephen Schlesinger, Inc. v. [read post]
6 Nov 2017, 8:48 am
” And neither inmate in today’s cases, the court concluded, could clear that bar. [read post]
6 Nov 2017, 4:00 am
The bar staff also warned the suspect not to drive. [read post]
5 Nov 2017, 2:17 pm
Feinstein and Harris may be responding to the concerns of their California constituents, as Californians have a long history of supporting privacy and civil liberties In 2015, Governor Jerry Brown signed into law the California Electronic Communications Privacy Act, which bars state and local government agencies from compelling companies to hand over digital communications, or otherwise acquiring such data, without first obtaining a warrant. [read post]
4 Nov 2017, 9:50 am
According to court documents, William M. [read post]
3 Nov 2017, 1:00 pm
California has the California Email Communications Privacy Act (Cal ECPA), the Student Online Personal Information Protection Act (SOPIPA), and California’s state constitution provides an affirmative right to privacy that has resulted in Comcast paying fines when it unlawfully disclosed customers’ personal information. [read post]
3 Nov 2017, 10:00 am
And it departs from the law of several states that allow for inevitable-disclosure injunctions that bar employment altogether.Courts, though, are frequently terrible at applying the doctrine of inevitable disclosure. [read post]
3 Nov 2017, 8:16 am
Though the California State Bar remains regrettably weak in imposing consequences on prosecutors for violations of their ethical and constitutional obligations, this revised rule is a stride in the right direction. [read post]
1 Nov 2017, 2:03 pm
The California State Bar Court Hearing Department rejected a number of alleged ethical violations but found enough to recommend disbarment of an attorney Respondent received $50,000 cash from his client on August 6, 2014, to be held for use in... [read post]
31 Oct 2017, 4:20 am
Sellers, which asks when a federal court in a habeas case should “look through” a summary state-court ruling to review the last reasoned state-court decision. [read post]
30 Oct 2017, 5:00 am
Jenkins also will address distinctions between that state’s highest court and the Illinois Supreme Court. [read post]
27 Oct 2017, 1:49 pm
Therefore, the Court of Appeal of the State of California, Second Appellate District, Division Five reversed the case and remanded it for a new trial. [read post]
27 Oct 2017, 8:04 am
The defense bar and supportive organizations will surely bring test cases in other states. [read post]