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NORTHERN CALIFORNIA RECORD

Tuesday, October 15, 2024

Lawsuits

Stanford, Cal Tech, USC among top U.S. universities hit with class action over financial aid practices

By Jonathan Bilyk |
A new class action lawsuit says some of America's top colleges and universities have for nearly two decades violated U.S. antitrust law by collectively making it harder for students to obtain need-based financial aid by forcing them to include non-custodial parent income on applications
Lawsuits

Investors seek final OK for $60M deal to end class action vs Okta; Lawyers seek $13M

By Jonathan Bilyk |
Lawyers representing investors in cybersecurity firm Okta have asked a San Francisco federal judge to sign off on a $60M deal to end their class action vs Okta over a 2022 data security breach that allegedly dropped stock 11% at the time. The lawyers want 22% of the settlement for their fees.
Campaigns & Elections

Polls in Bay Area, elsewhere in CA show big support for Prop 36, despite Dem leaders' opposition

By Jonathan Bilyk |
Federal Court

Appeals court: ADA doesn't nix Montana state law blocking 'vax discrimination'

By Jonathan Bilyk |
The federal appeals judges said a Montana federal judge overreached in declaring that the Americans with Disabilities Act all but required health care organizations to require workers to be vaccinated against Covid and other communicable diseases to protect 'immunocompromised disabled persons'

The Q3 2024 Flex Report by The Flex Index for California

By K. R. Nelson |
California has made a strong showing in workplace flexibility rankings, landing in the top 10 list of most flexible states, with two of its cities also recognized in the top 10 most flexible metros. San Jose ranks first and San Francisco second, highlighting the state's commitment to flexible work environments, despite Riverside's position on the least flexible metros list.
The Business of Law Arrow gray brought to you by Peak

Gaming company files pretrial motion to restrict mentions of its China ties during trial against Google

Epic Games, the developer behind Fortnite and several other renowned online games, has initiated legal action against tech behemoth Google, alleging that the latter is unjustly monopolizing Android app distribution. The gaming company's lawsuit comes with a pretrial motion to limit mentions of Epic's second largest shareholder being based in China during the trial scheduled for Nov. 6 start, said Epic Games.

The State Bar of California's Board of Trustees has initiated a new phase governance

The State Bar of California's Board of Trustees recently announced significant changes and decisions during its latest meeting. Brandon Stallings has been appointed as the new Board Chair, with José Cisneros assuming the role of Vice Chair and Mary Huser joining as a new Trustee. Stallings emphasized the organization's commitment to transparency and accountability.
State Court

Plaintiff Alleges Real Estate Fraud Against Trustee and Realtor Over Home Sale

By Northern California Record |
In a compelling legal battle unfolding in San Francisco Superior Court, Liudmila Naumik accuses Andrea Flora Augustin and others involved in selling her a home at 55 Prague Street of fraudulently concealing significant structural defects. Filed on October 2nd, Naumik seeks damages for alleged negligent misrepresentation and breach of contract following revelations about undisclosed water damage and mold after purchase completion.
State Court

Plaintiff Municipal Corporation Alleges Negligence Against Defendant Over Vehicle Collision

By Northern California Record |
The City and County of San Francisco has filed a lawsuit against Keithen Johnson seeking reimbursement for workers' compensation after a vehicular accident involving their employee Bernie Hession. Filed on September 26th in San Francisco's Superior Court, this case highlights allegations of negligence resulting in injury and financial obligations for ongoing medical care.
State Court

Plaintiffs accuse digital news platform Politico LLC of privacy violations through unauthorized data tracking

By Northern California Record |
In a class action lawsuit filed in San Francisco's Superior Court on September 26, 2024, three individuals accuse Politico LLC of secretly collecting user data through embedded trackers on its website without consent. Represented by Keller Grover LLP and Law Offices of Scot D. Bernstein, they seek damages for alleged violations under multiple Californian privacy laws.
State Court

Matreshka LLC accused of ADA violations by visually-impaired plaintiff

By Northern California Record |
A visually-impaired plaintiff has filed a lawsuit against Matreshka LLC for alleged violations of accessibility laws on their website elephantsushi.com. The suit claims non-compliance with ADA standards and seeks injunctive relief along with statutory damages.
State Court

Elderly Homeowner Alleges Fraud Against Financial Institutions Over Deceptive Home Improvement Loans

By Northern California Record |
An elderly woman from Bakersfield is suing financial institutions Upgrade Inc., Cross River Bank over allegations of fraudulent home improvement financing schemes that left her burdened with unauthorized debt exceeding $70k for incomplete work. The lawsuit seeks restitution along with damages under multiple consumer protection laws.
State Court

Tenant Alleges Negligence Against Property Owners Over Unsafe Fire Escape

By Northern California Record |
A tragic accident involving an unsafe fire escape has led to a lawsuit filed by Abraham Horrillo against several property owners and managers in San Francisco. The complaint details how improper maintenance led to Horrillo's life-altering injuries and seeks substantial compensation for medical expenses and lost earnings potential.
State Court

Plaintiff alleges safety equipment company failed Proposition 65 compliance

By Northern California Record |
Gabriel Espinoza has taken legal action against Major Gloves & Safety for allegedly selling gloves containing carcinogenic chemicals without proper warning labels as required by Proposition 65 regulations in California. The lawsuit seeks significant civil penalties and demands corrective measures from the defendant.
State Court

California Resident Alleges Assault by Security Guards at Prominent Comedy Venue

By Northern California Record |
A California resident has filed a lawsuit against Cobb’s Comedy Club and Live Nation entities following an alleged assault by their security personnel during a comedy show. The plaintiff seeks damages for physical injuries and emotional distress caused by what he describes as unjustified violence at the hands of inadequately trained staff.
State Court

Plaintiff alleges former employer Fragomen LLP violated FEHA through wrongful termination

By Northern California Record |
Crista Flenner-Esparza has filed a lawsuit against Fragomen LLP alleging wrongful termination due to disability discrimination under FEHA. Filed in San Francisco's Superior Court on September 30th with Blackstone Law APC representing her case seeks damages for lost wages and emotional distress among other reliefs.

Stanford, Cal Tech, USC among top U.S. universities hit with class action over financial aid practices

By Jonathan Bilyk |
A new class action lawsuit says some of America's top colleges and universities have for nearly two decades violated U.S. antitrust law by collectively making it harder for students to obtain need-based financial aid by forcing them to include non-custodial parent income on applications

Investors seek final OK for $60M deal to end class action vs Okta; Lawyers seek $13M

By Jonathan Bilyk |
Lawyers representing investors in cybersecurity firm Okta have asked a San Francisco federal judge to sign off on a $60M deal to end their class action vs Okta over a 2022 data security breach that allegedly dropped stock 11% at the time. The lawyers want 22% of the settlement for their fees.

Crypto investor Terpin cleared to sue AT&T for 'SIM swap' hack, $24M crypto theft

By Jonathan Bilyk |
A federal appeals panel said AT&T can be sued for allegedly allowing hackers to use a technique known as a "SIM swap" to effectively seize control of the mobile communications of prominent cryptocurrency investor Michael Terpin. Terpin's lawyer hailed the decision as a "major" legal precedent "of national significance."

Tamalpais H.S. on hook for $10M owed to student sexually abused by tennis coach Burgos

By Jonathan Bilyk |
A state appellate court justice agreed with his colleagues that the Tamalpais school district should owe the former student for abuse he suffered at the hands of his ex-tennis coach in 2003. But the justice said the school can't be on the hook for the full verdict, while the abuser would owe nothing

CA air board OK to ignore truckers' alternatives, public comment in setting zero emission trucks rule

By Jonathan Bilyk |
A California state appeals court rejected truck engine makers' bid to undo California's so-called Advanced Clean Trucks rule, saying CARB didn't violate state law by ramming through the ACT rule with minimal regard for pleas from truck makers and the public to consider alternatives to their zero emissions mandate

CA lawmakers exempt Capitol Annex project from state enviro review law, can't be sued

By Jonathan Bilyk |
A state appeals court said California lawmakers didn't violate the state constitution by specifically and immediately exempting the $1.2B Capitol Annex project from the state's controversial California Environmental Quality Act, in an apparent move to thwart legal challenges seeking to halt the project

Supreme Court will let SF enforce campaign donor disclosure ordinance, despite speech concerns

By Jonathan Bilyk |
After the high court refused to review the ordinance on appeal, one of the co-authors of the so-called "Sunlight on Dark Money" ordinance urged governments across the country to follow San Francisco's lead. Speech advocates, however, said they believe the measure tramples free speech rights

Judge blocks Newsom's new 'anti-parody' law, says it 'has no place' under First Amend

By Jonathan Bilyk |
A Sacramento federal judge entered a preliminary injunction sought by online content creator known as Mr. Reagan, whose video of Kamala Harris reportedly triggered Gov. Gavin Newsom and other Democrats to pass the new law, allegedly to combat online "deepfakes" which could deceive voters

Olive Garden partners with Uber in reversal of previous statements

By A. I. Benavidez |
Darden Restaurants, Inc., the parent company of Olive Garden, has announced a multi-year exclusive delivery partnership with Uber Technologies, Inc. set to begin with Olive Garden in late 2024.

NFIB Chief Economist: 'Uncertainty among small business owners continues to rise' amidst high inflation

By M. N. Tirado |
National Federation of Independent Business (NFIB) Chief Economist Bill Dunkelberg said "uncertainty among small business owners continues to rise" as inflationary pressures continue.

American Tort Reform Association president: ‘significant campaign contributions’ from California attorneys ‘raise concerns about the potential influence on legislative and judicial decisions’

By D. L. Deener |
Sherman "Tiger" Joyce, president of the American Tort Reform Association (ATRA), expressed concerns about a new report that analyzes California trial attorneys' campaign contributions. The report suggests these contributions may have potential influence on legislative and judicial decisions. Joyce voiced his concerns in a press release dated March 19.

Polls in Bay Area, elsewhere in CA show big support for Prop 36, despite Dem leaders' opposition

By Jonathan Bilyk |
Prop 36 would restore to police and prosecutors powers to address property and drug crimes that had been stripped by away 10 years ago by Prop 47, which helped to fuel California's current crime problems and was strongly supported by Kamala Harris

Business groups express relief as Newsom signs PAGA reforms into law

By Michael Carroll |
Gov. Gavin Newsom has signed newly passed legislation that aims to reform the Private Attorneys General Act (PAGA), which business groups have long criticized as a vehicle for rampant lawsuit abuse that offers little in the way of worker protections.

California extends 'take-home' asbestos liability to case of brother who lived elsewhere

By Daniel Fisher |
SAN FRANCISCO (Legal Newsline) - A California Supreme Court decision limiting “take-home” asbestos liability to people who live in the same house doesn’t preclude a man from suing over claims he was exposed to asbestos when visiting at his brother’s house.

Closing arguments heard in man’s lawsuit over toxic baby powder; Verdict delayed

By John Sammon |
In a Northern California trial to decide if Johnson & Johnson baby powder caused a man's mesothelioma a jury verdict in the six-week-long case has been delayed

Plaintiff Municipal Corporation Alleges Negligence Against Defendant Over Vehicle Collision

By Northern California Record |
The City and County of San Francisco has filed a lawsuit against Keithen Johnson seeking reimbursement for workers' compensation after a vehicular accident involving their employee Bernie Hession. Filed on September 26th in San Francisco's Superior Court, this case highlights allegations of negligence resulting in injury and financial obligations for ongoing medical care.

Reform California joins coalition to support measure that would repeal PAGA

By M. N. Tirado |
Reform California Chairman Carl DeMaio and a coalition of small business and worker advocates are supporting the Fair Pay and Employer Accountability Act. The state measure aims to repeal the Private Attorney Generals Act (PAGA).

Claremont attorney faces suspension, probation following overturned embezzlement, grand theft conviction

By Karen Kidd |
SAN FRANCISCO – Longtime Claremont attorney Louis Julian White faces suspension and probation following an Aug. 8 California Supreme Court order and his overturned conviction last year on embezzlement and grand theft charges, according to a recent State Bar of California announcement and court documents.