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Stories by Jonathan Bilyk on Northern California Record

NORTHERN CALIFORNIA RECORD

Sunday, December 22, 2024

Jonathan Bilyk News


Disney can't blast Carano lawsuit from orbit; Judge says Disney's First Amendment rights not harmed

By Jonathan Bilyk |
A federal judge has cleared TV and film actor Gina Carano to continue her lawsuit accusing Disney and Lucasfilm of illegally retaliating against her for expressing politically conservative statements on social media when she was fired from "The Mandalorian" in 2021

CA Supreme Court: Mom can sue Riverside for emotional distress caused by hearing daughter in car crash on phone

By Jonathan Bilyk |
The California Supreme Court has ruled California law doesn't require plaintiffs to be able to show they knew how a defendant's actions may have caused someone else's traumatic injuries to be able to press a claim for emotional distress from having seen or heard the injuries happen

Judge: Tenderloin residents can't sue City Hall for not enforcing laws, but can sue for not keeping sidewalks clear

By Jonathan Bilyk |
A federal judge says Tenderloin residents with disabilities can continue suing the city for not clearing the sidewalks of homeless encampments and other nuisances. But the judge said there is no constitutional obligation for the city to fight crime and drug problems in the neighborhood

Mom seeks reversal of judge's ruling protecting school that punished first grader for 'innocent' racial drawing

By Jonathan Bilyk |
An Orange County mother has asked a federal appeals court to revive her lawsuit vs an elementary school and its principal for allegedly trampling her daughter's constitutional rights by punishing her for drawing a picture of a black classmate that included the phrase "Any Life" with "Black Lives Matter" 

'Keeping secrets': School district, parents challenge new CA law blocking parents from knowing about students' gender IDs

By Jonathan Bilyk |
The lawsuit filed in Sacramento federal court accuses California Gov. Gavin Newsom and his Democratic allies of trampling parents' constitutional rights to direct the upbringing of their children by empowering school teachers to withhold crucial information about their children's gender identity

Workday can't turn off class action accusing its AI job applicant screening tools of discrimination

By Jonathan Bilyk |
A San Francisco federal judge said the central role played by Workday's AI-powered job applicant screening tools in the earliest stages of the hiring process at many companies means Workday can be on the hook for a class action accusing the company of discriminating against black and older workers.

Appeals panel: Courts can't use judicial power to seize control of U.S. Gaza policy

By Jonathan Bilyk |
The decision comes as the latest blow to a lawsuit brought by pro-Palestinian activists seeking to win a court order requiring the Biden administration to withhold U.S. military aid from Israel amid the fighting in Gaza. The activists said international law requires the courts to act to stop "genocide"

San Jose officers can't give slip to lawsuit accusing them of allowing K-9 to bite suspect too long

By Jonathan Bilyk |
A federal appeals panel said officers can't use qualified immunity to end the lawsuit, which accused them of allowing a police dog to continue biting a suspect on a domestic violence call after judges said officers appeared to confirm the suspect had surrendered and was under control

SF orders Tenderloin stores to close early to fight crime; City seeking to toss residents' suit over lax law enforcement

By Jonathan Bilyk |
As the city seeks to toss a lawsuit asserting San Francisco should be held liable for allegedly essentially abandoning the residents of the Tenderloin to crime and open drug use and all of the problems that go with it, the Board of Supervisors has ordered Tenderloin convenience stores to close by midnight

Spanish museum can keep painting stolen by Nazis, court rules; Case may land at SCOTUS

By Jonathan Bilyk |
The U.S. Ninth Circuit Court of Appeals refused to reconsider an earlier decision that declared Spanish law should hold sway in a dispute over the ownership of a Pissarro painting, which was stolen from a German Jewish family by the Nazis amid the Holocaust and World War II

CA Utilities Commission wrongly flushed water companies' 'decoupling' programs, Supreme Court says

By Jonathan Bilyk |
The state high court ruled the California Public Utilities Commission didn't provide proper notice before eliminating so-called rate decoupling programs. The programs allow utilities to assess surcharges to customers to cover shortfalls when customers use less water

Appeals court withdraws decision that would have barred SF from clearing homeless encampments

By Jonathan Bilyk |
The decision lines up with a recent U.S. Supreme Court ruling that declared homeless don't have constitutional right to camp on public property. SF city officials said the decision gives them "flexibility" to respond to problematic homeless encampments. The ACLU vowed to continue fighting clearing efforts

Judge tosses class action vs Google over Youtube's kids' data collection

By Jonathan Bilyk |
Plaintiffs still have work to do to show the practice of using tracking cookies to collect data from kids under the age of 13 was actually harmful and why they should get paid, in part because the parents need to show how their kids' information had any economic value to them 

Non-criminal DUI records aren't protected by California's right to privacy, appeals court says

By Jonathan Bilyk |
A California state appeals panel has ruled that privacy rights established under the California state constitution and the state's labor laws don't stop the DMV from disclosing information about DUI-related license suspensions to employers, insurers and others

Appeals court: Federal law that doesn't allow food labeling suits doesn't stop class actions under identical CA state law

By Jonathan Bilyk |
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

By Jonathan Bilyk |
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

By Jonathan Bilyk |
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

By Jonathan Bilyk |
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

By Jonathan Bilyk |
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

By Jonathan Bilyk |
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