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25 Apr 2019, 5:23 pm by Micha Nandaraj Gallo
Under California’s law on contra proferentem, ambiguous contract terms are interpreted against the drafter—in this case Lamps Plus. [read post]
25 Apr 2019, 10:59 am by Staff Attorney
  From August 2014 until June 2018 Spach was associated with Kestra out of the firm’s Aliso Viejo, California office location. [read post]
25 Apr 2019, 9:32 am by Erika Pickles
California law also protects employees who update their personal information, such as their name or SSN. [read post]
24 Apr 2019, 4:09 pm by Seyfarth Shaw LLP
In deciding whether to compel class arbitration, the Ninth Circuit relied on California state law principles in applying a doctrine know as contra proferentem, which means that ambiguous terms in a contract should be construed against the drafter. [read post]
24 Apr 2019, 3:59 pm by Seyfarth Shaw LLP
  In deciding whether to compel class arbitration, the Ninth Circuit relied on California state law principles in applying a doctrine know as contra proferentem, which means that ambiguous terms in a contract should be construed against the drafter. [read post]
24 Apr 2019, 2:23 pm by John Elwood
Regents of the University of California, 18-587 Issues: (1) Whether the Department of Homeland Security’s decision to wind down the Deferred Action for Childhood Arrivals policy is judicially reviewable; and (2) whether DHS’ decision to wind down the DACA policy is lawful. [read post]
24 Apr 2019, 12:07 pm by Mara Curtis and Michael Kleinmann
In this rapidly changing area of the law, it is of utmost importance to continually reevaluate and review worker classifications. [read post]
24 Apr 2019, 11:15 am by Stefanie K. Vaudreuil
When a TPA denies an employee leave, the employer should have a procedure in place to ensure that no other leave or accommodation is available under the law or employer policy. [read post]
24 Apr 2019, 11:15 am by Stefanie K. Vaudreuil
When a TPA denies an employee leave, the employer should have a procedure in place to ensure that no other leave or accommodation is available under the law or employer policy. [read post]
24 Apr 2019, 10:01 am by Eugene Volokh
[I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.] [read post]
PIMA would strengthen the Stark law by excluding specified complex “non-ancillary services” from the Stark law’s in-office ancillary services (IOAS) and physicians’ services exceptions, increasing penalties for violations, and adding compliance review provisions. [read post]
24 Apr 2019, 5:55 am
This post is based on his recent article, forthcoming in the University of Southern California Law Review Postscript. [read post]
24 Apr 2019, 5:26 am by Nathaniel Sobel
” In a recent Texas Law Review article, Orin Kerr characterizes the doctrine in the terms of “prosecutorial advantage,” writing: “If the government already knows the fact or belief that is implicitly asserted, and it has some other way to prove it, then it gains no testimonial advantage by obtaining the defendant’s assertions implicit in his compelled acts. [read post]
CASES PENDING AT THE CALIFORNIA SUPREME COURT There are 2 CEQA cases pending at the California Supreme Court. [read post]
22 Apr 2019, 9:05 pm by Cynthia R. Harris
Federal preemption of state law, and case law restricting state infringement on internal tribal affairs, limit states’ regulatory authority over Indian country—except under Public Law 83-280 of 1953, enacted during the Termination Era. [read post]