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20 Oct 2021, 12:13 pm
And so, when, as has happened recently, a group of lawyers “file a bar complaint” against John Eastman, they are invoking that self-regulation paradigm and asking the state bar—in Eastman’s case, the State Bar of California—to discipline him by revoking his license to practice law. [read post]
20 Oct 2021, 10:00 am
The problem with this, aside from violating the state’s motor vehicle laws, is that insurance pays most car accident settlements and awards. [read post]
20 Oct 2021, 9:31 am
They are seeking an injunction barring further infringement, actual and statutory damages, as well as other relief deemed appropriate by the court. 2: British Photographer Files Copyright Claim Against California Bike Shop Next up today, Bicycle Retailer and Industry News reports that a UK-based photographer has filed a copyright infringement lawsuit against California-based Summit Bicycles, alleging that the company used his photo of an e-bike on… [read post]
19 Oct 2021, 9:50 am
The court even acknowledges that its line of logic has been rejected before: After Kremen, the California Court of Appeal, Sixth Appellate District, noted that conversion traditionally required a taking of tangible property and that “this restriction has been greatly eroded,” but not “destroyed. [read post]
19 Oct 2021, 7:00 am
California’s Song-Beverly Act is the strictest state warranty law in the country and has numerous specific requirements. [read post]
19 Oct 2021, 6:54 am
The court explained that the plaintiffs characterized the lack of a suitability analysis as an omission for the federal fraud claim but not as an omission for the state law fiduciary duty claim.The Ninth Circuit reversed, finding that the claims were not barred by the SLUSA. [read post]
18 Oct 2021, 7:22 am
"[13] The California public accommodation statute doesn't specifically list political affiliation as a forbidden basis for discriminating in public accommodations or housing, but the California Supreme Court has read it as generally barring a wide range of "arbitrary discrimination," including—though in dictum—political affiliation discrimination: Under the [Unruh Act], an individual who has [not violated any reasonable rules… [read post]
17 Oct 2021, 2:17 pm
Chin, Associate Justice, The Supreme Court of California Pauline Newman, Judge, Court of Appeals for the Federal Circuit Kathleen O’Malley, Judge, Court of Appeals for the Federal Circuit (formerly a district judge on the Northern District of Ohio) Jed S. [read post]
15 Oct 2021, 9:43 am
The trial court and the California Court of Appeal agreed with the tribe that tribal sovereign immunity barred the suit. [read post]
15 Oct 2021, 4:00 am
Ninth Circuit Court of Appeals ruled many of the state’s maximum donation limits were unconstitutional. [read post]
15 Oct 2021, 2:27 am
Salmonella is one of the most common intestinal infections in the United States. [read post]
14 Oct 2021, 11:08 am
Minton, 19-1135Issues: (1) Whether the free exercise clause of the First Amendment bars a state-law claim that seeks to compel a religiously affiliated hospital to allow medical procedures that violate its longstanding, deeply held religious beliefs; and (2) whether the First Amendment’s free expression and free association guarantees bar a state-law claim that seeks to compel a religiously affiliated hospital to allow — and thereby endorse and be… [read post]
14 Oct 2021, 10:09 am
California’s S.B. 34, enacted in 2015, bars this practice. [read post]
14 Oct 2021, 1:33 am
This is a crack in the foundation of the traditional CLE model, and one that Sarah Glassmeyer, Legal Tech Curator · Reynen Court Inc. and Margaret Naughton, CLE Manager · McDermott Will & Emery hope continues. [read post]
14 Oct 2021, 1:33 am
This is a crack in the foundation of the traditional CLE model, and one that Sarah Glassmeyer, Legal Tech Curator · Reynen Court Inc. and Margaret Naughton, CLE Manager · McDermott Will & Emery hope continues. [read post]
13 Oct 2021, 1:07 pm
Supreme Court considers whether to enforce the Second Amendment right to "bear arms" in New York State Rifle & Pistol Association v. [read post]
13 Oct 2021, 12:01 pm
The Court of Appeal of the State of California has upheld a decision striking down a Monterey County order banning “land use in support of” fracking practices in oil and gas development. [read post]
13 Oct 2021, 9:08 am
District Court for the Eastern District of California Garcia v. [read post]
13 Oct 2021, 9:08 am
District Court for the Eastern District of California Garcia v. [read post]
13 Oct 2021, 5:44 am
(2) Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act in order to comply with the federal water quality certification under the federal Clean Water Act? [read post]
