News from November 2016
Courts to rule on whether calling in to work equals reporting to work
SAN FRANCISCO – A decision regarding whether waiting for a call to head into work is actually considered working has been bouncing around California courts.
Court rules CarMax's generic used car inspection reports violate California law
SAN FRANCISCO -- California's Ninth Circuit Court reversed a district court’s summary judgment in favor of CarMax Auto Superstores LLC (CarMax) and remanded with instructions to enter summary judgment for plaintiff Travis Gonzales. Gonzales sued CarMax after experiencing problems with a vehicle he purchased at one of its lots.
California court rules employee pay stubs must contain nine items to be legal
SAN DIEGO -- In Lidia Soto vs. Motel 6 Operating LP, California's Fourth District Appellate Court sent a clear message to employers: they are not obligated to include the monetary amount of accrued vacation pay on their employees' wage statements.
New ACLU study reveals police in California schools do more harm than good
OAKLAND -- A new report from the American Civil Liberties Union (ACLU) finds that in California, police intervention in school disciplinary matters is ineffective and unfairly targets minority students and disabled students.
Alleged bug in iPhone 6 smartphones spurs class-action lawsuit against Apple
McCuneWright, LLP, Larson O’Brien, LLP, Simmons Hanly Conroy and Greg Coleman Law are seasoned litigation firms now taking on perhaps the top Silicon Valley company in the world.
California Supreme Court: Business friend or foe?
That's an important question. Much is at stake, as the Golden State is the sixth largest economy in the world.
1-800 Contacts faces more legal trouble for restricting trademark use in online searches
SAN DIEGO – Just a few months after being scrutinized by the FTC, 1-800 Contacts has once again come under fire for orchestrating bidding agreements amongst its competitors The company is facing two class-action complaints brought by residents of Southern California.
Commercial liability insurer found not liable under watercraft exclusion for fish oil contamination claim
SAN FRANCISCO — A commercial liability insurer (CGL) has been declared as not responsible for damages claimed in a lawsuit settlement over contaminated fish oil aboard a vessel operated by the company suing, according to a Ninth Circuit Court of Appeals ruling filed in September.
Court tosses case against SBA for awarding billions in small business contracts to Fortune 500 firms
SAN FRANCISCO – The American Small Business League’s (ASBL) request for an injunction against the Small Business Administration (SBA) for giving federal contracts to Fortune 500 firms was thrown out by the U.S. District Court for the Northern District of California on Oct. 18.
Michael Jackson's businesses accused of serving as a front for child molestation
LOS ANGELES -- A revised court complaint filed on behalf of James Safechuck, a 36-year-old father of two who starred with Michael Jackson in a Pepsi commercial at age 10, echoes claims made in a recent lawsuit by Wade Robson, which describes an official with MJJ Ventures as "a procurer or madam" of alleged child sexual abuse victims.
California Supreme Court to examine standards for evidence in product defect cases
SAN FRANCISCO – The type of evidence allowed at product defect cases may soon change, pending a decision by the California Supreme Court.
Animal rights group promises more cases over religious ritual slaughter of chickens
MACHIPONGO, VIRGINIA – The founder of an organization formed to protect chickens from cruelty says her group will be back in court after a federal judge recently lifted an order preventing the performance of kapparos – a slaughter done in a religious ritual fashion – in Irvine, California.
Administrative law judge blames unsafe factory practice for worker’s injuries
SACRAMENTO, CALIFORNIA – The failure of a California-based almond factory to implement safe operating policies and work guidelines in its work area resulted in serious physical harm to one of the employees, according to an administrative judge.
City of San Ramon service tax may head to California Supreme Court
SAN RAMON, CALIFORNIA — A decision by a state appeals court that upheld a tax on new development within City of San Ramon may be heading to the California Supreme Court.
California couple's legal claims center on Samsung phone that burst into flames
BURLINGAME, CALIFORNIA – Brandon and Jennifer Covert, a California couple, have filed five legal claims against Samsung recently in connection with its exploding-phone problem.
Mortgage loan modification service providers under fire for violating Fair Housing Act
SAN FRANCISCO -- The U.S. Department of Justice has filed a lawsuit alleging that several mortgage loan modification service providers violated the federal Fair Housing Act (FHA) and Equal Credit Opportunity Act (ECOA) by intentionally discriminating against Hispanic homeowners by targeting them for predatory mortgage loan modification services.
Suction dredge mining moratorium supported by Supreme Court
SAN FRANCISCO -- The California Supreme Court recently upheld a statewide moratorium on recreational suction dredge mining for gold, noting the regulations were valid for protecting water supplies, fisheries, wildlife and cultural resources.
Woman alleges Ace Hardware falsely advertises its return policy
LOS ANGELES – A Los Angeles consumer alleges that a hardware company made false representations regarding its return policy.
Kern County detention deputy alleges he was not properly compensated
SACRAMENTO – A detention deputy employed by Kern County has filed a class-action suit alleging he and class members were not paid for the actual hours they worked.
Macy's Inc. accused of continuing to send texts after consumer asked to stop
SACRAMENTO – A Placer County resident claims a department store continued to send texts after consent was revoked.