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California
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May 14, 2024
Tort Report: Mass Tort Settlements Beset By Crooked Claims
Fraud attempts during the settlement claims process for class actions and mass torts highlighted by a new report and an $82 million verdict in a drunk driving crash suit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 14, 2024
Calif. Grower Fights State's Farmworker Unionization Law
Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.
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May 14, 2024
Workday's Liability Defense In AI Bias Battle Troubles Judge
A California federal judge handling a job candidate's discrimination case over Workday's artificial intelligence-powered hiring tools seemed ready Tuesday to let the legal battle move ahead, as she expressed skepticism about the software developer's assertion that federal employment laws can't reach it.
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May 14, 2024
Ex-Squire Patton Atty Among Latest Calif. Judges Sworn In
California got two new appellate court judges and elevated another one on Tuesday morning as a state commission unanimously approved and swore in the three people nominated by Gov. Gavin Newsom, including a onetime Squire Patton Boggs LLP attorney.
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May 14, 2024
California Pot Worker's Suit Alleges Slurs, Unpaid Overtime
A former worker for a cannabis cultivator and distributor is suing his former employer in California state court, saying he was fired in retaliation for reporting a work environment rife with racial discrimination.
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May 14, 2024
Casino App User Can't Hide Arbitration Details, Chancery Says
A mobile app slot-machine player who lost an arbitration dispute with the game's operator may not keep the details of the arbitration award confidential in Delaware court filings, a Chancery Court vice chancellor said Tuesday, denying a request for ongoing confidential treatment.
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May 14, 2024
9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute
The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.
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May 14, 2024
Venable Brings On K&L Gates Litigator In LA
Venable LLP is expanding its West Coast team, announcing Monday it is bringing in a K&L Gates LLP litigation ace as a partner in its Los Angeles office.
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May 13, 2024
16 States Sue To Block Calif.'s 'Clean Fleets' Rule For Trucks
Over a dozen U.S. states filed a constitutional challenge in California federal court Monday against a Golden State regulation requiring commercial truck operators to move to zero-emission electric-vehicle fleets, arguing it would disrupt the global supply chain, raise costs, and illegally enforce emission control standards, in violation of federal laws.
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May 13, 2024
BofA Let 'Off The Hook' In ATM Fee Row, 9th Circ. Told
An attorney for a proposed class alleging Bank of America wrongly charged them for out-of-network balance inquiries at ATMs told a Ninth Circuit panel Monday that the district court erred in tossing all the claims by applying arguments about a different defendant.
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May 13, 2024
Irked Autonomy Judge Vents On HP Fraud Trial's Slow Pace
U.S. District Judge Charles Breyer on Monday blasted lawyers for the government and two former Autonomy Corp. PLC executives in a criminal fraud case over the trial's slow progress, saying he's "annoyed," but also "complicit" because he "did not take more of a controlling posture."
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May 13, 2024
RFK Jr. Sues Meta Alleging Censorship Of Campaign Video
Independent presidential candidate Robert F. Kennedy Jr. and the super PAC supporting him sued Meta Platforms Inc. on Monday in California federal court, alleging that the company has censored a 30-minute campaign ad on its platforms in violation of the First Amendment.
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May 13, 2024
Feds Urge 9th Circ. To Allow Ex-MLBer's Reneged Plea At Trial
An assistant U.S. attorney told a Ninth Circuit panel Monday that a jury should hear about a plea agreement former Los Angeles Dodgers star Yasiel Puig signed where he admitted lying to federal investigators about an illegal gambling operation even though he pulled out of the agreement.
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May 13, 2024
Dunn Says Calif. Bar Shouldn't Have Brought Ethics Charges
Ousted California State Bar executive Joseph Dunn has moved to dismiss his ethics case over alleged lies regarding expenditures for a trip to Mongolia, arguing the charges should have never been brought as a prior investigation regarding the expenditures closed in 2014 and found no grounds to take disciplinary actions against him.
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May 13, 2024
Judge Says Bold, Italic Font Muddies Allbirds Investor Suit
A California federal judge has tossed for now a proposed class action from Allbirds Inc. investors who claim the sustainable shoe retailer made false and misleading statements in registration documents connected to its initial public offering, saying the complaint doesn't indicate which statements from the company's executives were allegedly misleading.
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May 13, 2024
Fed. Circ. Uses Rule 36 To Nix Centripetal Patent Appeals
A Federal Circuit panel decided Monday to quickly give a stamp of approval to a pair of administrative board rulings killing off two patents that were once at issue in a lawsuit involving cybersecurity software.
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May 13, 2024
Kroger Says Wash. AG's Merger Suit Ignores Costco's Impact
The Washington state attorney general's challenge to Kroger's proposed $24.6 billion acquisition of rival grocery giant Albertsons ignores key economic realities, the companies argued in recent state court filings, including fierce competition from Costco and other big-box retailers.
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May 13, 2024
Nancy Pelosi's Would-Be Kidnapper Merits 40 Years, Feds Say
Federal prosecutors are urging a California federal judge to impose a 40-year prison sentence on the man convicted of attempting to kidnap then-House Speaker Nancy Pelosi and of assaulting her husband, while the would-be kidnapper is asking for 14 years.
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May 13, 2024
Zuckerberg Challenges Basis Of Personal Claims In Meta MDL
Facebook founder Mark Zuckerberg is asking a California federal court to throw out claims against him in multidistrict litigation over social media platforms' allegedly addictive design, saying the personal injury plaintiffs haven't shown he took affirmative actions that would make him personally liable.
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May 13, 2024
Tesla Resolves Ex-Worker's Sex Harassment Suit
Tesla reached a deal with a former production associate to end her lawsuit accusing the company of firing her after she reported that she had been sexually harassed at work, according to a filing Monday in California federal court.
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May 13, 2024
Calif. Jury Awards Ex-UCLA Doctor $14M In 2nd Bias Trial
A California state jury awarded $14 million to a former UCLA oncologist and professor who said she was discriminated against and constructively discharged from her job due to her gender, four years after the state appeals court threw out a $13 million jury verdict from the first trial.
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May 13, 2024
Chevron Says $268K Fine For Fake News Clips Must Stand
Chevron on Friday urged the Ninth Circuit to summarily toss a Seattle attorney's appeal challenging an order that he pay $268,000 for filing a fake newspaper article as a court exhibit, saying the attorney is raising arguments that have already been rejected.
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May 13, 2024
Uber, Lyft Put Driver Work Fight In Reverse As Trial Begins
A high-stakes battle over the employment status of drivers for Uber and Lyft kicked off in Massachusetts on Monday, as the companies sought to flip the government allegations by arguing that the ride-hailing giants work for their drivers, not the other way around.
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May 13, 2024
'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering
A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.
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May 13, 2024
Haynes Boone Lands Procopio Life Sciences Leader In Calif.
Haynes and Boone LLP announced Monday it welcomed to the firm's intellectual property practice a new partner who most recently led Procopio Cory Hargreaves & Savitch LLP's life sciences group.
Expert Analysis
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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How 3 New Laws Change Calif. Nonprofits' Legal Landscape
Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Calif. Disclosure Update Adds To Employer Trial Prep Burden
Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction
The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Despite Risks, AI Is A Worthy Tool For Healthcare Industry
Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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Reducing Carbon Footprint Requires A Tricky Path For CRE
As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.
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Ore. Insurance Ruling Opens Door To Extracontractual Claims
The Oregon Supreme Court's recent Moody v. Oregon Community Credit Union decision expanding an insurer's potential liability when adjusting life insurance policies exposes insurers to extracontractual tort liability, and the boundaries of this application will likely be tested through aggressive legal action, says Tessan Wess at GRSM50.