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(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]
12 Oct 2021, 11:09 pm by Eugene Volokh
The court closed, in a discussion that seems to be tailored to the Title VII analysis (though the court doesn't expressly so limit it): The question presented by this case is not whether plaintiffs and other individuals are entitled to a religious exemption from the State's workplace vaccination requirement. [read post]
Trump also asked Rosen to pursue the Supreme Court route but eventually accepted that doing so was not feasible. [read post]
9 Oct 2021, 2:14 am by Florian Mueller
Chen of the United States District Court for the Northern District of California granted a motion by Fortress Investment and certain entities funded by Fortress to dismiss with prejudice an antitrust complaint that Intel was still pursuing and from which Apple withdrew in June as this blog was (to the best of my knowledge) first to report.Meanwhile, a public redacted version of the order has become available (this post continues below the document):21-10-07 Public Redacted… [read post]
8 Oct 2021, 4:00 am by Jim Sedor
From the States and Municipalities California – S.F. [read post]
Takeaway 2: Plaintiffs May Not Sue for Breaches Other Than Security Incidents The CCPA expressly bars private actions “based on violations of any other section” of the CCPA, and states that “[n]othing in this title shall be interpreted to serve as the basis for a private right of action under any other law. [read post]
Takeaway 2: Plaintiffs May Not Sue for Breaches Other Than Security Incidents The CCPA expressly bars private actions “based on violations of any other section” of the CCPA, and states that “[n]othing in this title shall be interpreted to serve as the basis for a private right of action under any other law. [read post]
7 Oct 2021, 1:04 pm by Joanna Herzik
He contacted the State Bar of Texas Chief Disciplinary Counsel’s Office and has spoken to the State Bar Membership Dept., who made a note on his record in case something comes up in the future. [read post]
6 Oct 2021, 2:31 pm by Eugene Volokh
United States (2021) (Sotomayor, J., concurring in part and concurring in the judgment) (quoting amicus brief of retired federal judges); California Public Employees' Retirement System v. [read post]
5 Oct 2021, 12:56 pm by Rebecca Tushnet
California courts have found that “[t]o forestall an action under the unfair competition law, another provision must actually ‘bar’ the action,” by providing for exclusive enforcement authority in someone else. [read post]
5 Oct 2021, 12:33 pm by John Elwood
City and County of San Francisco, California, involving an attempt by 14 states to intervene to defend the Trump administration’s controversial “public charge” immigration rule after the Biden administration declined to defend it in court. [read post]
5 Oct 2021, 9:55 am by Corynne McSherry
State law claims are normally barred under Section 230, a law has enabled decades of innovation and online expression. [read post]
4 Oct 2021, 12:21 pm by Attorney Author
 He has tried and won defense verdicts in a number of wrongful death, spinal injury and brain damage cases in state and federal courts. [read post]
3 Oct 2021, 10:26 am by Eve Brensike Primus
But the Roberts court has increasingly narrowed the scope of federal habeas review under AEDPA’s re-litigation bar, making it exceedingly difficult for state prisoners whose claims have been adjudicated in state court to obtain relief. [read post]