The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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Mondaq

NOVEMBER 25, 2021

Yesterday, yet another complaint was filed in federal district court charging that California's board diversity statutes, SB 826 and AB 979, are unconstitutional under the equal protection provisions of the 14th Amendment.

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HowAppealing

AUGUST 23, 2021

“Ninth Circuit sides with Sirius XM in dispute over pre-1972 music royalties; The court found that California’s ‘exclusive ownership’ statute never applied to public performance on radio”: Nate MacKay of Courthouse News Service has this report on a ruling that the U.S.

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Chugh LLP

MARCH 9, 2022

If successful, these employees can recover civil penalties for themselves, fellow employees, and the state of California. Under PAGA, penalties are split between aggrieved employee(s) (25%) and The California Labor & Workforce Development Agency (LWDA) (75%).?These PAGA has a one-year statute of limitations. Working hour.

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JayS.Rothman&Associates

OCTOBER 16, 2023

On October 11, 2023, California Governor Gavin Newsom signed legislation that provides workers with up to five (5) days of leave in the event of a reproductive-related loss. Leave under the statute is unpaid, unless the employer has an existing policy requiring paid leave. Rothman & Associates.

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Gravel2Gavel

JANUARY 18, 2022

by Robert A. James and Shade Oladetimi. Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As With apologies to Small Business Administration practitioners, we use “PPP” in this article to refer to the infrastructure tool.).

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JURIST

FEBRUARY 22, 2023

The statute at issue bars debtors from discharging debts “for money…obtained by…fraud.” ” The court ruled that because the statute’s text is written in the passive voice, the statute turns on how the money was obtained, not who committed the fraud to obtain the money. . § 523(a)(7)(A).

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SCOTUSBlog

JUNE 16, 2022

As it has so many times before, the Supreme Court rejected California’s treatment of arbitration under California law, in this case California’s Private Attorneys General Act. The California state courts (predictably) rejected that waiver as inconsistent with PAGA. Disclosure : Goldstein & Russell, P.C.,

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At the Lectern

FEBRUARY 12, 2024

When it comes to interpreting California statutes, the State’s Supreme Court can be more supreme than the U.S. The two high courts had a rock-paper-scissors competition over California’s Private Attorneys General Act and arbitration. There it disapproved the California Supreme Court’s decision in Iskanian v.

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SCOTUSBlog

NOVEMBER 8, 2021

Fazaga , a lawsuit filed by three Muslim Americans alleging that the FBI and its agents discriminated against them based on their religion during a surveillance program in southern California. The post Justices puzzled by interaction of state-secrets privilege and federal surveillance statute appeared first on SCOTUSblog.

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Mondaq

APRIL 5, 2022

The California Supreme Court denied review of the Court of Appeal's decision in Isaak et al. Superior Court of Contra Costa County, thereby authorizing the first exception.

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At the Lectern

FEBRUARY 13, 2024

From the news release by Karen Datangel: “This February, California courts and the Judicial Council of California join the nation in recognizing Black History Month. of California judges identify as Black or African American , compared to 4.6% 31, 2022, 8.6% ” (9 Cal. Flood (1874) 48 Cal.

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Law 360

JANUARY 16, 2024

Supreme Court declined on Tuesday to hear appeals from both Apple and Epic Games contesting aspects of a Ninth Circuit ruling that found Apple's App Store policies do not violate federal antitrust law but some are illegal under California's unfair competition statute.

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At the Lectern

MAY 22, 2023

The Supreme Court, in a unanimous opinion authored by Justice Liu, disagreed with the Court of Appeal’s interpretation of the statute. The Supreme Court noted that other aspects of California law use the term “disclosure” without regard to whether the information is already known to the recipients of the disclosure.

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Law 360

JULY 27, 2021

The California Supreme Court on Monday revived a woman's claim that she was denied a promotion after turning down her boss' sexual advances, finding the state Fair Employment and Housing Act's statute of limitations requires a lower court to determine when she learned she wasn't getting promoted.

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At the Lectern

FEBRUARY 2, 2024

Statute of limitations. Vannucci to decide which statute of limitations applies in a malicious prosecution action against an attorney who sued the plaintiff, the one-year period of Code of Civil Procedure section 340.6 California (1967) 386 U.S. The court granted a pro per’s petition for review in Escamilla v.

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At the Lectern

MAY 5, 2022

Supreme Court draft opinion in a pending, exceptionally high-profile case has me considering leaks from California’s high court. 3d 628 where the court struck down the state’s death penalty as violating the California Constitution. The extraordinary publication of a U.S. I can think of two. Anderson (1972) 6 Cal.3d

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A People's Choice

JUNE 4, 2020

Getting an annulment in California depends upon certain ground and statutes of limitations. To read the complete article, please click on the link How to Get an Annulment in California This post appeared first on A People's Choice - Legal Documents - Without the Lawyers.

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FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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FDA Law Blog

DECEMBER 21, 2021

Intended to target “reverse payment” settlement agreements, in which a brand company pays a first-filer ANDA holder to delay launch, the California law shifts the burden of proof to the drug sponsors to demonstrate that any Paragraph IV settlement agreement is not an antitrust violation. The case was dismissed without prejudice.

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JURIST

JUNE 8, 2022

The US Court of Appeals for the Ninth Circuit Tuesday ruled that a Honduran man’s conviction in California for possession of a forged social security number card (SSN) with a counterfeit government seal is grounds for deportation as a crime of moral turpitude.

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Mondaq

OCTOBER 26, 2021

Weber, a case challenging SB 826, California's board gender diversity statute, on the. On October 19, a federal district court judge held a hearing on a motion for a preliminary injunction in Meland v.

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At the Lectern

MARCH 21, 2023

” The worst part? “ ‘Staring at a statute and thinking, “Boy the Legislature really screwed this up.” Thanks to Ben Shatz’s blog Southern California Appellate News for alerting us to the interview. ” (Link added.) .” ” (Link added.)

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At the Lectern

OCTOBER 31, 2023

The California Supreme Court unanimously affirmed her death penalty on direct, automatic appeal. On appeal, the California Supreme Court held McDermott waived the argument by not objecting at trial and it deferred to a state habeas corpus proceeding her claim that her attorney was ineffective by failing to object. In McDermott v.

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Gravel2Gavel

JANUARY 25, 2022

Pillsbury illustrated the California eligibility statutes in the comprehensive Gravel2Gavel post and chart, cited in the report and available here.

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The Crime Report

JULY 7, 2022

Guidelines developed for the Department of Justice say departments should complete their probes before any statute of limitations on officer discipline expire, at least. In California, that’s one year. Meanwhile the officer was involved in another fatal shooting.

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Chugh LLP

JUNE 18, 2021

There is a common misconception that when a California couple divorces after more than ten years of marriage, one party will be guaranteed alimony for life under the “Ten Year Rule.” This rule does not exist in California. Specifically, California courts consider marriages of at least ten years to be of long duration [1].

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At the Lectern

APRIL 9, 2024

.” They ask the court to declare the scheme to be unconstitutional as applied and to “bar[ ] the prosecution, imposition, or execution of sentences of death throughout the State of California.” California’s Constitution contains its own equal protection provision. ” (News release here.)

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Law 360

FEBRUARY 23, 2024

Netflix and Hulu have again beaten a proposed class action from a California city claiming the streaming providers should be regulated like cable companies and pay franchise fees to localities, with a state appeals court ruling the city had no right to private action under a 2006 statute.

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Mondaq

DECEMBER 14, 2021

Since the inception of California's Private Attorneys General Act (PAGA), claims filed pursuant to the statute's provisions have increased more than 1000 percent.

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The Fashion Law

OCTOBER 26, 2021

Kanye West’s brand is now facing off against the State of California, too, thanks to a new lawsuit that accuses the “high-end sneaker and retail clothing business” of violating state consumer protection laws that require online orders to be shipped within a certain time frame unless otherwise specified.

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Law 360

FEBRUARY 6, 2024

California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman (..)

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Law 360

JANUARY 22, 2024

Content subscription platform Patreon is doubling down on its constitutional challenge to a 35-year-old privacy law that bars the unauthorized disclosure of video-viewing information, telling a California federal court that the statute restrains a "startlingly broad swath" of protected speech while doing little to protect privacy.

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At the Lectern

JULY 12, 2021

First, the court resolves a statute of limitations issue. ” Thus, the plaintiff’s lawsuit was brought within the applicable two-year statute of limitations when he filed suit on his 20th birthday. Can the California Supreme Court disapprove of, as opposed to disagreeing with, the court of another jurisdiction?)

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Law 360

AUGUST 1, 2023

A Pennsylvania man must arbitrate his claims that ESPN parent company Walt Disney violated the state's wiretap statute by installing tracking software on ESPN.com, a California federal judge ordered Monday, finding that the website's terms of service include an arbitration provision that covers his suit.

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ClimateChange-ClimateLaw

AUGUST 9, 2022

On June 30, 2022, the State of California joined the State of New York in adopting legislation that allows state authorities to bypass local laws in permitting large-scale renewable energy projects. See California Public Resources Code § 25545(b). Credit: New York Office of Renewable Energy Siting. b)(1) (emphasis added); and.

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At the Lectern

MAY 29, 2023

The California Supreme Court had unanimously affirmed the conviction and death sentence. ” He concluded, “We have repeatedly been reversed for failing to defer to reasonable determinations of state courts under [the statute govering federal review of state court death penalty decisions]. Waidla (2000) 22 Cal.4th

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