Carrie Salls News
Commission: Payday lender ruling 'a win for California consumers'
LOS ANGELES — The California Department of Business Oversight is “extremely pleased” with a Dec. 22 California Supreme Court ruling in a nearly decade-long case related to payday lenders’ ties to the Miami Tribe of Oklahoma and the Santee Sioux Nation of Nebraska.
Indian Child Welfare Act could come under scrutiny of Supreme Court
WASHINGTON – The U.S. Supreme Court has been asked to hear a case related to the removal of a 1/64 Native American girl from her potential adoptive family in accordance with the Indian Child Welfare Act (ICWA).
Secretary of Labor disagrees with whistleblower reinstatement ruling; no decision on appeal
WASHINGTON, D.C. – The U.S. Appeals Court for the District of Columbia has rejected a request by a California cement plant worker for temporary reinstatement of his employment as a whistleblower after the company for which the employee had worked had changed hands.
Judge's comments to jury pool stating mistrust of plumbers leads to reversal of murder conviction
LOS ANGELES – Comments made to potential jurors by a Los Angeles Superior Court judge regarding her distrust of plumbers has led to an appeals court decision overturning the murder conviction of Vincent Tatum.
Warriors' arena project lawsuit appeal gains support
SAN FRANCISCO – The Center for Biological Diversity, Coalition for Clean Air, Communities for a Better Environment and the Sunset Coalition have filed a “friend of the court” brief in support of those opposing the Golden State Warriors’ proposed 18,000-seat arena.
Class action blames mortgage servicer's noncompliance for lost homes
OAKLAND, CALIFORNIA – A class-action lawsuit filed in the U.S. District Court for the Southern District of California alleges that Specialized Loan Servicing (SLS) improperly processed loan modification applications for customers in California that often led to overpayments on the loan and unjust foreclosures of the borrower’s home.
State high court allows jury trials for testing compensation disputes in 'victory for property owners'
SAN FRANCISCO – A Walnut Creek real estate dispute attorney believes a July 31 ruling entered by the California Supreme Court that reforms legislation to give property owners a right to a trial by jury to determine compensation for pre-condemnation entry and inspection will push the state to try harder to resolve these disputes to avoid costly, time-consuming jury trials.
Attorneys hope Supreme Court ends prescription drug innovator liability
SAN FRANCISCO – The California Supreme Court will decide a case that attorneys hope will once-and-for-all put an end to courts allowing brand-name drug manufacturers to be held liable for injuries resulting from use of their products’ generic counterparts.
Back pay lawsuit against Lincare, Alpha will 'proceed on a class-wide basis'
RIVERSIDE – A federal court has ruled that a lawsuit filed on behalf of non-exempt hourly employees working in California for Alpha Respiratory Inc. and Lincare Inc. should be able to proceed as a class action. The lawsuit seeks payment of back overtime wages and premiums for alleged missed meal breaks.
State Bar fee legislation amended, Bar prepares high court submission 'in the event that is necessary'
SACRAMENTO – The California Assembly voted on new amendments on Aug. 19 related to a heavily disputed State Bar of California fee bill, which authorizes the agency to collect annual licensing fees from attorneys.
Kesha drops abuse lawsuit, continues to fight producer's label
LOS ANGELES – Singer and songwriter Kesha has dropped a lawsuit filed in California alleging that her producer sexually abused her, although other legal disputes between the two remain.
Foster family to take fight for return of child with Choctaw heritage to state's high court
LOS ANGELES – The attorney for a foster family that was broken up when a 6-year-old girl was removed after a California appeals court upheld a ruling based on the provisions of the federal Indian Child Welfare Act (ICWA) and its state-law counterpart said a petition for review will be filed by Aug. 8, asking the California Supreme Court to hear the case.
Attorney-client privilege wins out in fight to share harassment claim investigation report
PETALUMA – A California appeals court ruled in June that the city of Petaluma is not required to share a report related to the investigation of a 2014 sexual harassment claim filed against the city by former Petaluma firefighter and paramedic Andrea Waters.
Lyft $27 million driver class-action deal gets preliminary court OK
SAN FRANCISCO – A $27 million settlement of a class-action lawsuit filed against Lyft Inc. concerning the independent-contractor status of its drivers was granted preliminary approval in a June 23 order entered by Judge Vince Chhabria in the U.S. District Court for the Northern District of California.
Preliminary injunction ruling among first under new federal trade secrets law
SAN FRANCISCO – A preliminary injunction granted June 22 by U.S. District Judge Jon S. Tigar reveals a glimpse at federal courts’ ability to make rulings in trade secret misappropriation cases in connection with the newly enacted Defend Trade Secrets Act (DTSA).
Crisis pregnancy clinics claim act notification requirement violates free speech rights
SAN FRANCISCO – A recently enacted California Law requiring licensed family-planning clinics in the state to post a notification on the availability of free or low-cost contraception, prenatal care and abortions for qualifying patients is drawing the ire of several crisis pregnancy centers in the state, which believe being forced to display the posters violates their First Amendment rights.
Advertisements play role in class actions following ovarian cancer study, verdict
SACRAMENTO – An uptick in the filing of class-action lawsuits stemming from a study linking talc to ovarian cancer can be largely traced to advertisements aired by personal injury attorneys in the wake of a recent verdict, according to Julie Griffiths of California Citizens Against Lawsuit Abuse (CALA).
Land use attorney McDermott elected to partnership at Allen Matkins
SAN FRANCISCO – Land use attorney Michelle Moore McDermott was
elected to a partnership in real estate and business law firm Allen Matkins’
San Francisco office.
DoJ weighs in on Apple, Samsung patent litigation
WASHINGTON – The Department of Justice believes the U.S. Supreme Court should turn a long-standing patent infringement battle waging between Samsung Electronics Co. LTD and Apple Inc. back over to a trial court for a ruling on whether a new trial should be held regarding the calculation of damages.?
California real estate broker seeks full-panel review of Nebraska free speech ruling
OMAHA, Neb. – The attorney for a California real estate broker said a full U.S. Court of Appeals for the Eighth Circuit panel will be asked to reconsider a Nebraska court’s ruling that the broker’s free speech rights were not violated when she was barred from posting properties located in Nebraska on real estate websites.