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31 Jan 2019, 3:32 pm by Ryan Munitz and Ryan Brust
Although the classification status of Uber and Lyft drivers has been hotly litigated in state and federal courts for nearly a decade, given this recent decision, it seems unlikely that a finding of employment status of these drivers under another statute (using, for example, California’s independent contractor test under Dynamex v. [read post]
31 Jan 2019, 11:34 am by Schachtman
Judge Creany instructed the jury that “silica was the defect,” and on other novel points of law. [read post]
31 Jan 2019, 8:44 am by Florian Mueller
Qualcomm antitrust trial in San Jose (Northern District of California) obviously towers above all other events. [read post]
31 Jan 2019, 6:30 am by Jessica Gutierrez Alm
Federal courts have determined that the California common law right of publicity is not strictly limited to an individual’s name and likeness. [read post]
31 Jan 2019, 5:58 am by Joy Waltemath
Further, while the disclosure at issue satisfied the FCRA and California’s Investigative Consumer Reporting Agencies Act (ICRAA) requirements for conspicuousness, it was not clear (Gilberg v. [read post]
30 Jan 2019, 1:48 pm by Ryan Vanderford
National Union Fire Insurance Company of Pittsburgh, PA, the California Supreme Court may be poised to answer this question under California law, which could have wide-ranging effects on companies seeking CGL coverage for Telephone Consumer Protection Act (TCPA) claims. [read post]
29 Jan 2019, 6:18 pm
In the California state case, an individual resident of California, Suraj Kumar Rajwani (“Rajwani”), asserted ownership of the Domain (the “California Case”). [read post]
29 Jan 2019, 4:02 pm by Scott Bomboy
The judges agreed Painter could not pursue a claim under California’s state law and that Painter could not “plausibly allege that Blue Diamond’s almond milk products are mislabeled in violation of federal law. [read post]
California Emergency Physicians Medical Group, that a “no re-hire” provision in a settlement agreement could constitute a restraint of trade in violation of California law. [read post]
28 Jan 2019, 9:58 am by Kevin Kaufman
Unfortunately, many states bring GILTI into their tax codes due to how they conform to the federal law. [read post]
28 Jan 2019, 7:31 am by First Mondays
We’ve got a breather between sittings, so Professor Stephen Sachs joins us as we recap an opinion, take a look at some grants and orders, discuss whether law school clinics are good or bad ideas, and ask a lot of questions about his and Professor William Baude’s amicus brief in Franchise Tax Board of California v. [read post]