Dan Churney News
California appeals panel says lawyer's words to boyfriend-client are shielded from other lawyer, ex-lover's $150M suit
An appeals court in California has ruled a lawyer's advice to her client-paramour was protected speech, in a suit that alleged the lawyer used her intimacy with her client to induce him to renege on paying millions of dollars to his former love interest.
California appeals panel says federal suit to collect fee from client's estate doesn't infringe on probate court's authority
A California federal appellate court has ruled an investment advisor's federal suit to collect a $3 million fee from the estate of a client, may proceed because, contrary to the estate's administrators, the suit does not give a federal judge power over a state probate court.
California appeals court says cities must actively set aside zoned land for 'affordable housing' or run afoul of state housing law
A California appeals court said Clovis must do more than 'not discriminate' in approving housing projects. The judges said they found it 'extremely unlikely' that Clovis is whiter and wealthier than Fresno without discriminating against housing stock affordable for low-income minority residents
California law to ban cities from taxing sugary drinks leaves appeals court with bad taste
An appeals panel has found a California law sour, which penalizes home rule communities for establishing taxes to discourage consumption of sugary beverages, saying the law steps on the constitution.
Divided court says California public health agency has 'latitude' in setting safe chemical levels in drinking water beyond what scientists say is needed
In a 2-1 decision, a California appeals panel says state public health regulators can set any standard for water contaminants in the name of public health, so long as there may exist "foreseeable adverse health effects." Business groups said the language of the law limits regulators to a scientifically determined safe level
Appeals panel says California Supreme Court is off limits to suit that claims bar exam illegally favors younger test takers
A California appellate court rejected a suburban San Jose lawyer's suit against the State Supreme Court, which claimed the lawyer failed his bar exams because the tests favor younger applicants, saying the Court is immune to such litigation.
Federal court says San Francisco can force political committees to list their donors on the ads they produce
A federal appeals panel has ruled free speech is not imperiled by a San Francisco ordinance, which requires political ads list financial contributors
Appeals panel says Twitter not a private enforcer of state 'misinformation' rules, even though user restricted at state's request
A federal court has ruled Twitter and the state of California did not collude to kick a user off Twitter, but rather the social media company's interest in limiting alleged "election misinformation" "aligns" with the state's
Berkley company says FTC overstepped its power by suing the company for allegedly marketing capsules claimed to treat Covid
A Berkley medical supply company is arguing in court the Federal Trade Commission has no authority to sue the company for marketing a supplement that allegedly claimed to treat COVID-19, because initial authority rests with the U.S. Justice Department.
California appeals court says alleged debtor, by simply using credit card, didn't agree to arbitrate dispute with collection agency
A California appellate panel has ruled a collection agency came up broke in arguing an alleged debtor, by using his credit card, implied he would arbitrate, rather than sue the agency for allegedly breaching debt collection law.
California appeals court says parents of police officer who died by suicide can get coroner's records
A California appeals panel has ruled the parents of a San Jose-area police officer, who died by suicide, are entitled to coroner materials they want for their own investigation into their son's death.
Judge denies motion to remand 34 'clean diesel' suits against Volkswagen to California courts
SAN FRANCISCO – A judge in the U.S. District Court for the Northern District of California recently ruled that 34 lawsuits against Volkswagen alleging the automaker falsely advertised its diesel vehicles as producing low emissions will remain in federal court because they involve parties that are from more than one state.