Jonathan Bilyk News
Appeals court: Federal law that doesn't allow food labeling suits doesn't stop class actions under identical CA state law
The ruling will allow a class action lawsuit to proceed vs baby food maker Sprout Foods under California's Sherman Law, even though the state law merely copies a federal food labeling law that doesn't allow such class actions. The company and a dissenting judge said it amounts to a sidestep of Congress
Disney can't end antitrust suit over streaming TV price hikes
A SF federal judge said plaintiffs had done enough to back their claims Disney used its ownership of Hulu and ESPN to force streaming TV services to boost prices to maintain Disney profits at levels earned through cable and satellite TV before 'cord cutting' era
No constitutional right for 'involuntarily homeless' to camp in public spaces, Supreme Court says
The 6-3 ruling tosses out a controversial court decision that blocked communities from enforcing 'anti-camping' rules and hamstrung governments' ability to respond to myriad health and safety problems caused by homeless encampments in parks and on sidewalks and in other public spaces
Appeals panel: Federal discrimination law protects U.S. citizens, just as non-citizen immigrants
The decision would allow a class action lawsuit to continue against Facebook- and Instagram-parent company Meta, accusing the company of illegally choosing to hire only cheaper immigrant workers for certain tech positions
'Junk science:' SF federal judge tosses expert analysis often cited to support Roundup cancer lawsuits
Northern California District Judge Vince Chhabria said "peer review" wasn't enough to persuade him to allow lawyers to use an oft-cited analysis of other studies, which the judge said was pocked by "glaring" flaws, to back their claims that a South Carolina man's lymphoma was caused by using Roundup
SF Superior Court not place for thousands of sex assault claims vs Uber, appeals panel says
A state appeals court has shut the door on a continuing attempt by plaintiffs to return to San Francisco County Superior Court thousands of lawsuits seeking to make Uber pay for alleged sexual assaults on female passengers by Uber drivers
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