Preemption, Standing and Vexatious Litigants On California Supreme Court’s...
The California Supreme Court has scheduled oral arguments for May, including four civil cases. Brown v. Mortensen: The Court will address whether the Federal Credit Reporting Act (15 U.S.C. § 1681 et...
View ArticleJustice Liu Authors Four Unanimous Opinions by the California Supreme Court
As the summer got started, and his first year on the bench nearly completed, Justice Liu produced four unanimous opinions on wide ranging issues of California law, including arbitration, preemption...
View ArticleBusiness and Commercial Issues Will Dominate the Upcoming Calendar of...
On December 4, 2012, the California Supreme Court is scheduled to hold oral arguments in Los Angeles on six matters, five of which are civil matters addressing a variety of business and commercial...
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Primary Assumption of the Risk – 20 Years Later, Nalwa Confirms the Vitality...
Implicitly marking the 20th anniversary of its seminal decision in Knight v. Jewett, which established the doctrine of primary assumption of the risk, the California Supreme Court confirmed both the...
View ArticleDon’t Panic – the Fall of Pendergrass and Restoring the Full Fraud Exception...
In Riverisland Cold Storage, Inc., v. Fresno-Madera Prod. Credit Ass., S190581, the unanimous California Supreme Court recently overturned the widely criticized Pendergrass rule, thus restoring the...
View ArticleThe California Supreme Court Confirms the Power of Local Governments to...
Few issues have sparked so much debate in so many local governments then how to regulate the medical marijuana industry. Proponents have filed numerous challenges to various attempts by cities and...
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California Confirms Preemption by FAA Over State Rule Barring Employee Waiver...
In Sonic-Calabasas A, Inc. v. Moreno (Sonic II), the California Supreme Court addressed an employee’s waiver of access to an administrative hearing, in this case a Berman hearing, in an arbitration...
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Party Hosts (and Their Insurers) Beware – an Entry Fee to Cover Costs May...
Trying to have a party on a budget, albeit an underage party with alcohol, the host required a cover charge to help cover the costs of the party. Both the trial court and the Court of Appeal agreed...
View ArticleCalifornia Supreme Court to Tackle Labor and Insurance Issues
The California Supreme Court has five civil cases scheduled for its April calendar, each addressing important questions of labor and insurance law. Independent Contractors or Employees – Class...
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The Future is Here – is the Internet a Place?
The California Supreme Court has certified a question for review posed by the Ninth Circuit – Is the internet a “place of public accommodation” as described in the California Disabled Persons Act...
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Real Estate Bubble 2.0 – the California Supreme Court Weighs In
The California Supreme Court recently issued two opinions resulting from the aftermath of the 2009 real estate crash. It addressed both the statutory protections for a homeowner after a short sale...
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When is a Stay Not a Stay? – Defining the 5-year Limit to Bring a Case to Trial
In Gaines v. Fidelity National Title Ins. Co., S215990, a divided California Supreme Court (5-2) upheld the dismissal of this case for failure to bring the matter to trial within five years, as...
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California Limits Ability to Skirt Privilege Using Public Records Request
In Ardon v. City of Los Angeles, the unanimous California Supreme Court narrowly interpreted a statutory waiver included in the California Public Records Act to exclude “inadvertent” disclosures. In...
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California Adopts Sophisticated Intermediary Doctrine
In Webb v Special Electric Company, Inc., the Supreme Court unanimously adopted the sophisticated intermediary doctrine in California, and then split 5-2 on how it should be applied. Webb was injured...
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Anti-SLAPP Protection Extends to City Council Vote Under Allegations of...
In a 5-2 decision, the California Supreme Court reversed the appellate court and held that the votes of city officials in favor of a public contract were a protected activity under an anti-SLAPP...
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Divided California Court Finds Specific Jurisdiction Over Claims of...
In a 4-3 decision, the California Supreme Court has found specific jurisdiction over the product liability claims of nonresidents against Bristol-Myers Squibb Company (BMS), a Delaware company...
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GDPR实施一周年及国家监管机构职责回顾
2019年5月25日，GDPR实施已满周年，一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰，社会各界对于GDPR是非功过莫衷一是。周年之际，欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...
View Article工程内部承包与挂靠的识别问题
近日某客户要求审查公司内部承包经营合同，经通读全文并与客户确认后发现，客户拟通过签署公司内部承包合同的形式，实现工程资质挂靠之实。因此，本着格物致知的精神，尽可能全面地梳理了内部承包与挂靠相关的法律规范（包括法律、法规、司法解释、地方司法性文件），以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...
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1587年与1768年——A YEAR OF NO SIGNIFICANE?
万历十五年，亦即公元1587年，在西欧历史上为西班牙舰队全部出动征英的前一年，而在中国，这平平淡淡的一年中，发生了若干为历史学家所易于忽视的事件。这些事件，表面看来似末端小节，但实质上却是以前发生大事的症结，也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中，其间的关系因果，恰为历史的重点，而我们的大历史之旅，也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年
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