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5 Oct 2015, 2:29 pm
The Court opened its new Term this morning with oral arguments in a California woman’s case against the Austrian national railroad: Carol Sachs is seeking to hold the railroad responsible in U.S. courts for an accident in which she lost both of her legs, while the railroad argues that a 1976 law, the Foreign Sovereign Immunities Act, bars lawsuits against it. [read post]
3 Oct 2015, 11:15 am
The case reached the Supreme Court as an “Agreement for Discipline by Consent” between the state bar counsel and Zachary Naert–basically, a settlement agreement. [read post]
2 Oct 2015, 8:41 am
The court reasoned that the particular phrase “state law” in the contract referred only to the local law of California (the Discover Bank rule), not to the actual state of the law applicable to disputes in California (the post-Concepcion regime in which arbitration agreements can waive class-wide arbitration). [read post]
Ninth Circuit’s Pro-PAGA Decision Is Not the Death Knell for Class Waivers in Arbitration Agreements
1 Oct 2015, 7:34 pm
The decision appears contrary to the United States Supreme Court holding in AT&T Mobility LLC v. [read post]
1 Oct 2015, 1:26 pm
A recent order of disbarment is summarized on the web page of the California Bar Journal October 2015 edition A State Bar Court hearing court judge found Missud culpable of misconduct that included moral turpitude and failing to obey a... [read post]
1 Oct 2015, 12:14 pm
Bottom line: Barring possible en banc or Supreme Court review of the issue, the Sakkab opinion creates another impediment to full enforcement of representative actions waivers in California courts. [read post]
1 Oct 2015, 12:12 pm
She later filed a lawsuit against OBB in federal court in California. [read post]
1 Oct 2015, 11:50 am
The district court acknowledged a split in California authority, but ultimately ruled that the Federal Arbitration Act (“FAA”) preempted any California rule that barred waiver of PAGA claims in arbitration agreements. [read post]
1 Oct 2015, 9:30 am
The state court rejected that challenge. [read post]
29 Sep 2015, 8:06 am
But the California Supreme Court did not. [read post]
29 Sep 2015, 7:29 am
Florida: It’s illegal to toss little people in a bar. [read post]
29 Sep 2015, 12:06 am
But the California Supreme Court did not. [read post]
28 Sep 2015, 2:25 pm
California State Lands Commission, et al (San Francisco Waterfront Partners II, LLC, et al) (1st Dist., Div. 4, 2015) ___ Cal.App.4th ___, 2015 WL 5450294. [read post]
28 Sep 2015, 1:47 pm
That request was granted by the state's 4th District Court of Appeal, which also held that "voters intended Proposition 47's retroactive relief to result in the purging of existing DNA samples. [read post]
28 Sep 2015, 12:04 pm
But what of the more than half the states that either have state Religious Freedom Restoration Acts (RFRA), or have state constitutional religious freedom guarantees that state courts have interpreted as generally providing religious exemptions? [read post]
28 Sep 2015, 9:47 am
Witkin Medal on October 10 at the California State Bar's Annual Meeting in Anaheim.LAFLA's Access to Justice Dinner on November 9 will honor 9th Cir. [read post]
28 Sep 2015, 7:56 am
Your state tax dollars at work. [read post]
25 Sep 2015, 11:07 am
The appeals court held that the trial court properly granted summary judgment and that the plaintiffs’ lawsuit was barred by workers’ compensation exclusivity. [read post]
25 Sep 2015, 7:56 am
From the States and Municipalities: California – State Panel Outlaws ‘Dark Money’ in California Political CampaignsLos Angeles Times – Patrick McGreevy | Published: 9/17/2015 The California Fair Political Practices Commission will now require out-of-state nonprofits to disclose their donors when they oppose or support a ballot measure or candidate through a federal PAC. [read post]
25 Sep 2015, 3:00 am
District Court for the Central District of California. [read post]
