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NORTHERN CALIFORNIA RECORD

Thursday, May 16, 2024

Jonathan Bilyk News


Objectors to Sacramento marijuana shop owner residency rule win chance to press constitutional claims

By Jonathan Bilyk |
A federal appeals panel ruled that a federal district judge had wrongly attempted to duck the thorny constitutional questions by citing the deep conflict between federal and California state marijuana laws

CA Supreme Court says car buyers can demand to keep trade-in credits under 'lemon law' verdicts

By Jonathan Bilyk |
Automaker Stellantis/FCA had argued such a ruling would essentially allow car buyers to profit when they buy defective cars, trade them in toward the purchase of other vehicles, and then sue under the lemon law for a full refund.

San Diego judge slashes 90% off $332M verdict awarded to man in Roundup trial

By Jonathan Bilyk |
The judge said $325 million in punitive damages was excessive, compared to the $7 million in compensatory damages the jury awarded plaintiff Mike Dennis. The judge cut punitive damages to $21 million. Monsanto still plans to appeal

California remains one of top spots for ADA disability access lawsuits in America

By Jonathan Bilyk |
An analysis by the Seyfarth firm placed California No. 2, behind New York, as the top state for new lawsuits filed in federal court under ADA Title III in 2023. Many such lawsuits have been likened by prosecutors to "shakedowns" of small businesses

Biden administration, left-wing allies 'colluding' to shove court fight over immigration past November, judge says

By Jonathan Bilyk |
A federal appeals court judge in San Francisco blasted the Biden administration and his fellow judges for allowing left-wing activists to help the president quietly tuck from public view a court fight over the politically fraught crisis at the southern border

California cities can't bring class action to force Netflix, Hulu, other streamers to pay cable TV franchise fees

By Jonathan Bilyk |
A state appeals court has pulled the plug, for now, on efforts by trial lawyers and California cities to force streaming entertainment services, like Netflix, to pay the fees normally levied by state law on cable TV companies

California can't enforce minor gun ad ban law while court case plays out over speech restrictions

By Jonathan Bilyk |
The full U.S. Ninth Circuit Court of Appeals said it won't grant the Attorney General's request for a review of a three-judge panel's decision to slap an injunction on AB2571, which they said amounted to an unconstitutional 'muzzling of speech'

Appeals court: Lowe's can't escape PAGA class action by enforcing arbitration clause vs lead plaintiff

By Jonathan Bilyk |
The U.S. Ninth Circuit Court of Appeals agreed that the California Supreme Court's interpretation of the state's controversial PAGA law holds sway over that of the U.S. Supreme Court

Carano sues Disney over firing from 'Mandalorian,' says retaliated against her over politics

By Jonathan Bilyk |
TV and film star Gina Carano says Disney illegally attempted to blast her career from orbit over conservative online speech, costing her untold millions of dollars in future career opportunities built on her popular recurring character on Star Wars series, 'The Mandalorian'

Class action lodged vs LDS for allegedly misleading about use of $1.4B of tithes for Salt Lake mall

By Jonathan Bilyk |
The class action builds on appellate decision in favor of wealthy ex-Mormon James Huntsman, now seeks payouts on behalf of all LDS tithes-paying members

SF sued for discrimination in transgender guaranteed income program

By Jonathan Bilyk |
Lawsuit says the city illegally prioritizes biological male Black or Latino transgender people to receive up $21,600 each from city treasury every 18 months

CA emissions reporting rules illegal try to let CA regulate emissions worldwide, lawsuit says

By Jonathan Bilyk |
A new lawsuit from the U.S. and California chambers of commerce and other business advocates says new California laws forcing businesses to report "climate" emissions violates both the First Amendment and Clean Air Act.

Placer County can't use political speech law to ditch retaliation lawsuit from demoted ex-interim D.A.

By Jonathan Bilyk |
Ex-Placer County Interim D.A. Jennifer Miszkewycz claimed was demoted in retaliation for cooperating with an Attorney General's investigation of a county board member

Appeals panel: Judge can shut down major LA shipping terminal over environmental mitigations

By Jonathan Bilyk |
A state appeals court says a San Diego judge improperly restrained himself from crafting a harsher "remedy" to address alleged mishandling of environmental mitigation at the Port of L.A.'s China Shipping terminal.

Cummins, Stellantis face potentially costly lawsuits over alleged Ram truck emissions cheat devices

By Jonathan Bilyk |
Cummins agreed to pay $2B to end federal and California state regulatory actions over alleged "defeat devices" to bypass emissions controls on Ram trucks. But now trial lawyers are seeking further payouts from private lawsuits in California courts

New filing: Broad, bipartisan coalition shows 'exceptional' need for SCOTUS to undo pro-homeless rulings

By Jonathan Bilyk |
The U.S. Supreme Court could decide in January whether to hear arguments over Ninth Circuit ruling that critics say has created 'constitutional right' for homeless to camp on streets and in parks, and leaves local governments powerless to retake public spaces

Judge again rejects consumer lawsuit trying to shut down Kroger-Albertsons merger

By Jonathan Bilyk |
A federal judge said the consumers still haven't demonstrated how exactly they will be harmed by the $24B merger of the country's No. 1 and No. 2 supermarket chains. Action by the FTC could come in mid-January, per court filings

Enviros can't undo California rule intended to lessen electric bill pain for most customers

By Jonathan Bilyk |
A state appeals panel says it won't second-guess a state commission's decision to reduce the amount paid to homeowners with solar power systems to hold down bills for all other customers who had been paying more to pay for others' home solar arrays

Google to pay $700M to end Google Play store class actions; Lawyers to get up to $128M, states get $70M

By Jonathan Bilyk |
The lawsuits accused Google of monopolizing control of the Android smartphone operating system and environment. About 71 million consumers could see $2-$7 each in refunds from the deal

Appeals court to revisit decision that would have allowed Uber, drivers challenge anti-gig economy law AB5

By Jonathan Bilyk |
The U.S. Ninth Circuit Court of Appeals issued an order indicating the full court would review the earlier decision of a three-judge panel that called out California Democratic lawmakers for appearing to craft AB5 to punish Uber and other app-based ridesharing and food delivery companies at the bidding of union allies