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18 Jul 2011, 10:55 am
While the appeal slowly wended its way to the state appellate court, another disaster occurred. [read post]
9 Nov 2021, 10:17 am
Superior Court of California, Solano Cty. [read post]
2 Jul 2013, 2:53 pm
The following is the text of an e-bulletin that I prepared that was published by the Corporations Committee of the Business Law Section of the State Bar of California. [read post]
10 May 2011, 4:43 pm
Jeppesen Dataplan, Inc.Docket: 10-778Issue(s): Whether the court of appeals correctly affirmed the lower court’s dismissal at the pleading stage, based on the evidentiary state secrets privilege, of a suit seeking compensation for the petitioners' unlawful abduction, arbitrary detention, and torture.Certiorari stage documents:Opinion below (9th Circuit)Petition for certiorariBrief in opposition for the United States Brief in opposition for respondent… [read post]
28 Jun 2024, 9:54 am
The laws banning crossdressing, obscenity, and same-sex sexual relations that enabled police to harass LGBTQ people have largely been overturned in court. [read post]
15 Jun 2018, 7:32 am
But that's a matter for the state bar. [read post]
1 Oct 2010, 12:47 pm
Southern California Edison Co., 83 F.3d 292, 297-298 (9th Cir.1996). [read post]
19 Jun 2011, 6:06 pm
For discussion on the Court's opinion click here for Part II. [read post]
27 May 2008, 9:50 am
Rodriquez, No. 06-1646 A sentence for possession of a firearm by a convicted felon is reversed where, for purposes of the Armed Career Criminal Act (ACCA), the "maximum term of imprisonment . . . prescribed by law" for the state drug convictions at issue was a 10-year maximum set by the applicable state recidivist provision. [read post]
12 Mar 2017, 7:04 am
What happened is, to tell the listeners what the issue was, the two sides, the prosecutors and the defense, had all issued their briefs to the Court of Criminal Appeals and they had all issued their final briefs, and the State Prosecuting Attorney, who is basically a resource prosecution agency for the State, filed an amicus brief in two different cases making additional responses that the Court of Criminal Appeals latched on to and said, “yeah, this… [read post]
8 Jan 2019, 9:01 pm
The Court has made no serious effort to check what my colleague Professor Steven Shiffrin aptly calls its “frozen categories” against the understanding of the People in 1791 (when the states ratified the First Amendment) or in 1868 (when they ratified the Fourteenth Amendment, which makes the First Amendment enforceable against the states).The Supreme Court’s categories of unprotected speech in fact arose based on what First Amendment scholar… [read post]
12 Sep 2010, 10:13 am
Claims for damages against the state are barred by the 11th Amendment. [read post]
17 Dec 2021, 7:51 am
California Department of Justice Deputy Attorney General – Indian and Gaming Law. [read post]
4 Nov 2013, 9:46 am
Then, state and federal courts were reluctant to apply tort law even where automobile-accident victims claimed their injuries resulted from the failure of manufacturers to exercise reasonable care in the design of their motor vehicles. [read post]
6 Sep 2007, 1:06 am
California appellate courts are split on the issue. [read post]
28 Jan 2022, 11:43 am
The Second Circuit says the district court was correct in barring Gutman from using various iterations of her name “in trade or commerce” while the litigation was pending. [read post]
13 Apr 2023, 9:05 pm
The Department of Justice announced almost immediately that it would appeal the decision to the Supreme Court. [read post]
28 Sep 2014, 11:08 am
It’s all about the Medical Injury Compensation Reform Act (MICRA), which Hiltzik referred to as “the state's shame. [read post]
28 May 2013, 1:04 pm
There were some significant but limited restrictions imposed on the domestic use of drones in the southern California border area. [read post]
2 Feb 2023, 5:02 am
[COMMENT: What Apple is not saying here is that the preliminary injunction it obtained in court bars the ACM not only from enforcing but even from publishing a key part of the decision. [read post]
