Jonathan Bilyk News
CA high court: Patients can accuse med makers of 'failure to warn,' even if doctors recommended treatment
The California Supreme Court imposed limits of the so-called "learned intermediary doctrine," which largely shields the makers of medication and medical devices from personal injury lawsuits accusing them of failure to warn of risks from their products, so long as doctors have been warned and still OK treatment
'Threat to direct democracy:' CA Supreme Court ruling preserves Dem power over CA taxes, fees
The California Supreme Court has kicked off the fall 2024 ballot the so-called Taxpayer Protection Act, a citizen initiative that would have required state and local governments to get voter OK before hiking taxes and fees. The court agreed with Gov. Gavin Newsom that the initiative exceeded citizen initiative power
Biz groups, Dems announce deal to reform law that spawned thousands of 'shakedown' suits vs employers
Under the deal to reform the Private Attorney General Act, a coalition of business groups would agree to withdraw a ballot measure that would have largely gutted PAGA. Reports showed PAGA generated lawsuits worth $10B in payouts from employers in the past 10 years, with big money for lawyers, little real benefit for workers
Appeals court: New UCSF hospital in Parnassus doesn't need to comply with local building size regulations
A local group opposed to the Parnassus hospital project argued the 15-story, 900,000 square foot building would be too large to comply with local building height and size restrictions and would create a public nuisance in a "quiet, residential neighborhood." The court said UCSF is exempt as an arm of state government
CA Supreme Court hands win to primary insurers in fight vs excess insurance providers over asbestos claims
The California Supreme Court said lower courts were wrong to block a primary insurer saddled with massive claims resulting from asbestos-related lawsuits vs Kaiser Gypsum from seeking additional coverage from Kaiser's excess liability insurance providers
Appeals panel: Non-Facebook users can't sue Meta for biometric face scans that couldn't ID them
The U.S. Ninth Circuit Court of Appeals agreed that a San Francisco federal judge wasn't wrong to unplug a lawsuit accusing Facebook-parent Meta of allegedly violating an Illinois biometrics privacy law by using its photo upload system to scan photos for faces, even of non-users
Judge flushes, for now, class action vs Dunkin over higher cost of non-dairy drinks
A San Francisco federal judge says plaintiffs who claimed Dunkin Donuts discriminated against the lactose intolerant by charging more for coffee drinks with soy, oat, almond and coconut milk need to do more to prove they were 'disabled' under federal and state law before pressing a nationwide class action
Appeals court: CA Democrats didn't violate Constitution by tailoring AB5 to target Uber, others
An earlier court had ruled the law unconstitutional because lawmakers had demonstrated 'impermissible animus and political favoritism' in forcing Uber and similar companies to potentially face massive financial risk under a new stringent test to determine if drivers should be treated as contractors or employees, while exempting hosts of others
California to get cut of $700M deal to end states' legal action vs J&J over talc powder marketing
The settlement will end legal actions launched by 43 states accusing Johnson & Johnson of allegedly misleading consumers about the safety of its talc baby powder and body powder products. The company has denied a link between its products and cancer, as alleged in thousands of other lawsuits
Appeals panel: Covid vax's lack of effectiveness at stopping spread could doom Covid vax mandates
A split federal appeals panel said LA's public schools can't escape lawsuit over Covid vaccine mandate by rescinding the policy after it became apparent they could lose. Further, the judges said a 1905 SCOTUS ruling used to justify vaccine mandates may not apply to Covid shots, which could be a 'medical treatment,' not a 'vaccine'
CA Supreme Court clears way for UC Berkeley housing project; Law says student noise can't stop new developments
The California Supreme Court has ruled a new state law indeed pulls the rug out from under opponents of the People's Park student housing project at UC Berkeley, who had scored a win on appeal to force the school to include concerns over 'student-generated noise' in their environmental review
Split appeals panel revives big antitrust action vs Sutter Health, says judge wrongly excluded evidence
A dissenting judge said his colleagues rewrote decades of antitrust case law by now requiring juries to consider "anticompetitive purpose," as well as actual effect, while also giving trial lawyers new abilities to argue judges cannot restrict them from introducing previously inapplicable evidence "from the inception of time"
LA lifeguard captain says LA County Fire Dept trampled his religious rights over 'Progress Pride' flag
22-year veteran captain of L.A.'s lifeguard service, who is a 'devout Christian,' says he was mistreated by commanding officers and he and his family were threatened with harm by others after he requested an exemption from county mandate to personally raise the 'Progress Pride' flag at his lifeguard station
CA Supreme Court: LA assessor right, State Board wrong on when corporate owned properties can be reassessed
The California Supreme Court says property transfers of corporate-owned property can trigger a reassessment under Prop 13, even if the property remains essentially under the same control throughout. "Stock" refers to real ownership interests, not who controls a company, the high court says
Appeals court blocks GOP-led states from trying to stop Biden from negotiating away immigration rule
A dissenting judge said the decision is motivated by a desire to ensure the Biden administration and left-wing groups reach a deal that could undermine a rule intended to reduce illegal immigration and prevent the U.S. Supreme Court from entering the legal fight
Lawsuit: California telehealth doctor licensing rules unconstitutionally block patients from 'lifesaving' care
The Pacific Legal Foundation, a successful nonprofit constitutional law organization, has filed suit against the California Medical Board on behalf of a patient with a rare hemophilia condition and a prominent New York cancer specialist, asserting California's restrictions on out-of-state telehealth are unconstitutional
Rideshare driver stabbed by passenger can't sue Lyft for not screening passengers' criminal history
The passenger who attacked a rideshare driver had a lengthy criminal history, easily pulled in a basic background check. But a state appeals court says California law blocks Lyft and other rideshare operators from screening passengers to protect their drivers
Ex-Jurupa teacher, fired over alleged anti-faith directives, to get $360K in deal to end religious discrimination suit
Former Jurupa Valley High School teacher Jessica Tapia had sued when she was fired, allegedly after refusing to comply with school administrator's demands she stop talking about her Christian beliefs on social media and at school, and refer to transgender students by their preferred pronouns
Appeals court: Folsom residents can't bring class action vs city over leaking water pipes
A California state appeals panel says the differences in the condition of copper piping in homes and businesses in Folsom should flush an attempted class action lawsuit accusing the city of causing a nuisance by not properly treating its municipal water and allegedly causing a spate of "pinhole leaks" in Folsom properties in 2020
US News can't block SF City Atty from investigating hospital rankings amid concerns over payments from hospitals
U.S. News and World Report is appealing a federal judge's decision that SF City Attorney David Chiu did not trample the publisher's First Amendment rights by sending subpoenas demanding information Chiu may later use to sue them under California consumer protection laws in disagreement over U.S. News' editorial decisions