Sarah Downey News
Post Viking decision reflects U.S. Supreme Court ruling for PAGA in arbitration
A federal judge in the U.S. District Court for the Eastern District of California has found a PAGA (Private Attorneys General Act) lawsuit is bound by the recent U.S. Supreme Court ruling in Viking v. Moriana, which found claims filed under California’s PAGA are subject to federal arbitration rules.
Virginia lawmakers are ready to disconnect from California climate policies
A new bill in Virginia has been filed to repeal a 2021 law that made its vehicle emission policies follow California’s, where Gov. Gavin Newsom and state regulators are banning gas-powered car sales by 2035.
Scores of suits against social media companies combined in Northern California federal court
In a case involving product liability lawsuits alleging adolescent addiction to social media websites, a judicial panel on Multidistrict Litigation (MDL) has found there aren’t enough differences to separate three of the defendant companies from Meta, which owns Instagram and Facebook.
Business community urges comprehensive theft prevention to counter repeat retail crime
While new legislation to disrupt sales of stolen merchandise online, SB 301, was signed by Gov. Gavin Newsom last month, concerns persist about the best solution to address repeat theft.
FBI crime releases crime data without SF, LA, other big cities reporting it
With the FBI’s release of new crime statistics, it’s raising concerns about how accurately the numbers reflect the real state of crime in the country, because big cities including San Francisco, Los Angeles, and New York failed to provide crime data.
Lawsuit challenges California’s new restrictions on doctors treating COVID patients
A new law, AB 2098, signed by Gov. Gavin Newsom in September is prompting questions about its impact on free speech and the degree to which it impedes how doctors communicate with their patients.
Legislative session concludes with new slate of liability-expanding workplace laws
With the legislative session wrapping up, Gov. Gavin Newsom approved an array of new workplace bills, and unlike many signed in the past two years of the pandemic, these present new mandates for employers and new avenues for liability.
New laws seek to address California’s historic housing crunch
With California far below targets for new residential development, recent state legislation aims to improve on earlier accessory dwelling unit (ADU) measures, reduce parking requirements, and streamline housing permits in existing commercial buildings.
New fast food council law prompts questions about whether courts would uphold its delegation of powers
After recent passage of a new law to create a fast food council within state government, questions are being raised about its impact on power delegation, as well as inflation, with food prices up 11 percent year over year.
New poll numbers counteract DC progressive push on Medicare for All
As Sen. Alex Padilla, D-CA, and others in Washington keep pressing the federal Medicare for All Act, new polling (link) shows most people are satisfied with their own health coverage.
With election nearing, more California legislation awaits action by governor
As the Oct. 1 deadline nears for Gov. Gavin Newsom to sign or veto bills in this election year, small businesses are hoping for relief amid record inflation, labor shortages, and supply chain disruptions.
Auditor report provides data on access to safe drinking water in California
With the increase in environmental bills just signed by the governor, it’s raising questions about what more is needed to address drinking water concerns in communities across the state.
Legislature rejects measure to remove privacy protections in California civil court cases
A bill that would have altered long-standing court procedures for discovery in California lawsuits was passed by the Senate but failed in the Assembly earlier this month, even with intense lobbying by trial lawyer advocacy groups.
Climate bills awaiting Newsom's stamp will inflate energy costs; Critic calls package political grandstanding
With a new slate of climate bills awaiting action by Gov. Newsom, it’s raising questions about the short- and long-term impact of the measures and the degree to which California and its residents are able to afford them.
Federal appeals court set to hold rehearing on California arbitration law, AB 51
In a surprising move, the Ninth Circuit has withdrawn its previous ruling in a closely watched case involving AB 51, the California law banning arbitration, and pending a panel rehearing, is expected to issue a new ruling in the next few months.
State appeals court rules for defendant in ADA discrimination suit against online cleaning business
A California appellate court has found that ADA claims over public accommodation can’t proceed against an online-only business without a physical retail location, and that the plaintiff didn’t show the intentional discrimination required by California’s Unruh Act.
New report details impact of CEQA lawsuits on California housing shortage
As recent scoping plans by the California Air Resources Board (CARB) and the new federal climate change package put forth much stricter mitigation measures, a new report shows environmental law has been so frequently used to stop housing production that three-quarters of the population can’t afford to own a home here.
Class actions escalate after controversial California Supreme court decision to make nearly 10-year-old law apply retroactively
Almost a year after the California Supreme Court decision to make a 2013 insurance law apply retroactively, industry officials have concerns over an explosion of resulting litigation.
After SCOTUS ruling for Viking, California Supremes to review arbitration questions
The California Supreme Court has granted review in an arbitration case that is expected to show how the state judiciary interprets the U.S. Supreme Court’s ruling in in Viking v. Moriana, which found lawsuits brought under California’s Private Attorneys General Act (PAGA) are subject to federal arbitration rules.
CA Supreme Court asked to rule on whether businesses are responsible for ‘take-home’ COVID cases
The California Supreme Court is scheduled to review a case involving novel issues arising from the COVID-19 pandemic, including whether an employer can be found liable for a “take-home” case after an employee contracts the virus at work and then gives it to someone in their household.