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Sunday, May 19, 2024

State Court News

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State Court

California sues energy companies over 'climate' problems; 'Kitchen sink' lawsuit a 'political stunt,' industry says

By Michael Carroll |
Energy companies say the state's lawsuit is little more than a "meritless, politicized" effort to extract big paydays from oil and gas companies, while accomplishing little to address the alleged problems caused by "climate change"

State Court

School district in trouble after bus never picks up student and she dies in car crash

By Daniel Fisher |
SACRAMENTO, Calif. (Legal Newsline) - A California school district may be on the hook for a car crash that took the life of a 16-year-old student who got in a car with a friend after her bus was late, an appeals court ruled.

State Court

'Paid' means check in hand, court rules in case of arbitration fees

By Daniel Fisher |
SAN FRANCISCO (Legal Newsline) - A company whose check to the arbitrators arrived several days late can’t claim it “paid” its fees within a statutory deadline, a California appeals court ruled, reviving a former employee’s chances at pursuing her sexual-harassment claim in court.

State Court

Court reinstates PAGA case against Marshalls thanks to COVID extension

By John O'Brien |
SAN FRANCISCO (Legal Newsline) - The COVID pandemic will help a former Marshalls employee sue under California's Private Attorneys General Act.

State Court

California Supreme Court rule to report attorney misconduct takes effect, to avoid repeat of Girardi debacle

By Sarah Downey |
A new rule from the California Supreme Court requires increased oversight among attorneys, a mandate long present in other states, and now here following high profile cases of wrongdoing including now disbarred attorney Thomas Girardi.

State Court

CAL Supreme Court: Contractors, like those hired for pre-employment screening, can be sued for discrimination under state law

By Scott Holland |
U.S. Healthworks Medical Group, which conducted pre-employment medical screenings, argued only direct employers should face discrimination lawsuits under California law, but the court said agents who professionally should know better can't just say they were following directions

State Court

Appeals panel rules Alameda schools' special tax doesn't violate state law

By Scott Holland |
The court tossed out a lower court's ruling that the special tax illegally allowed owners of larger properties to pay a lower effective tax rate

State Court

California Supreme Court says Monterey County can't barrel through a ban on oil drilling

By Dan Churney |
The California Supreme Court has tanked Monterey County's prohibition of oil and gas drilling, ruling the county's ban flies in the face of superseding state law that gives oversight of drilling to Sacramento.

State Court

'Treasure trove to make a quick buck:' New CAL Sup Ct ruling OKs continued 'unscrupulous' lawsuits under PAGA law

By Sarah Downey |
The yearlong wait on the future of California’s Private Attorneys General Act (PAGA) has yielded a conflicting opinion from the state Supreme Court, which recently ruled that collective PAGA claims can proceed in court, even when the lead plaintiff's case is already in arbitration.

State Court

CAL Supreme Court: USC didn't violate football player's rights by expelling him over assault without chance to face witnesses

By Scott Holland |
Private schools aren't required to conduct in-person hearings with cross examination, even with expulsion on the line, when dealing accusations of sexual misconduct or intimate partner violence, the state high court said

State Court

Labor class actions under PAGA needn't be manageable, California court rules

By Daniel Fisher |
SAN DIEGO (Legal Newsline) - Sticking to its interpretation of the law unless the California Supreme Court decides otherwise, an appeals court ruled that labor lawsuits under the state Private Attorneys General Act needn’t meet the manageability requirements of other class actions.

State Court

California appeals court's ban on towing cars with parking tickets seen as setback for public safety

By Michael Carroll |
A California appeals court has barred municipal government agencies from towing vehicles that have been the subject of multiple unpaid traffic tickets, provided the car is parked legally and is not causing a safety hazard.

State Court

Disneyland workers entitled to 'living wage' under Anaheim ordinance, because Disney gets tax rebate from city

By Scott Holland |
Appeals panel said Walt Disney Company receives rebates of its own taxes under a redevelopment agreement with the city of Anaheim, and that qualifies as a city "subsidy," which in turn requires Disney to pay its workers in accordance with Anaheim's so-called 'Living Wage Ordinance.'

State Court

CA Supreme Court ruling against liability expansion in “take-home” Covid cases a big win for CA employers

By Sarah Downey |
The California Supreme Court has ruled employers cannot be held liable in court if a worker passes COVID-19 to a member of their household, helping answer questions that arose at the outset of the pandemic, including what is the scope of responsibility for a company to stop a highly contagious virus from spreading.

State Court

California High Court says state law may shield police from lawsuits involving prosecutions, but not investigations

By Dan Churney |
The California Supreme Court has ruled the state's Government Claims Act provides immunity for officials in lawsuits alleging wrongful prosecutions, not investigations, in a suit asserting Riverside County sheriff's deputies left a partially nude murder victim in public view for eight hours while they investigated.

State Court

California Supreme Court says public entities can't be sued for tripled damages in sex abuse suits that involve cover ups

By Dan Churney |
The California Supreme Court has ruled public bodies are exempt, under the Government Claims Act, from facing enhanced punitive damages in sex abuse suits allegedly involving cover-ups, saying compensatory damages are adequate to satisfy such plaintiffs.

State Court

Stone must pay COVID-era rent at now-closed Napa brewpub, court rules

By John O'Brien |
SAN FRANCISCO (Legal Newsline) - Pay your tab, a California court has told beer-maker Stone Brewing as it attempts to get out of forking over rent at its Napa brewpub.

State Court

Vet who euthanized cat with needle to heart will face lawsuit

By John O'Brien |
SAN FRANCISCO (Legal Newsline) - A woman whose cat was euthanized via a needle to the heart will get a second chance to sue the veterinarian who performed the procedure.