Jonathan Bilyk News
Appeals court: CA law may not allow seawalls to protect coastal homes built after 1977
A panel of the California First District Court of Appeal agreed with the California Coastal Commission that a Half Moon Bay condo complex can be denied a seawall, even though the Casa Mira Homeowners Association asserted their community will be washed away by the sea without one
SCOTUS to consider if other states, energy companies can sue to reverse California's special emissions regulating power
The U.S. Supreme Court won't consider - yet - if California gets to keep its outsized power to use a special provision in federal Clean Air law to essentially set vehicle emissions standards throughout the U.S. But the court will consider if other states and energy companies have the right to challenge that authority in court
Man may escape felony charge for fighting with cops because Ventura judge, D.A. mishandled case: CA Sup. Ct.
The California state Supreme Court agreed a Ventura County judge had exceeded authority in unilaterally reducing a man's felony charge for fighting with police officers. But they said the charges may yet be dismissed altogether, because of further missteps by the judge and Ventura County district attorneys in the case
'De-transitioned' woman accuses doctors of 'medical abuse,' pushing her as child to become 'trans'
A young woman has sued prominent transgender youth doctor Johana Olson-Kennedy and others, accusing them of inflicting traumatic "medical abuse" in allegedly pushing a "scared, confused, and traumatized" girl into trans "affirming care," causing psychiatric problems and irreversible physical damage
CA appeal court: Personal injury plaintiffs can't claim all hospital expenses, just because they visited ER once
The decision, which directed a Sacramento court to recalculate $3.3M in medical expenses and interest awarded to a car crash plaintiff, found the court had misapplied California's Hospital Lien Act. The court said the law allows plaintiffs to only seek expenses racked up from arrival at the ER to discharge, not into "perpetuity"
Judge grants final OK to $115M Oracle data privacy class action deal; Lawyers get $28.75M
About 3.2 million class members are set to receive $25 each from the deal. The judge overruled objectors who argued the plaintiffs settled too quickly for too little
Property tax raising Prop 5 appears headed to defeat, per preliminary election results
As of Nov. 7, 56% of California voters had voted "No" on Proposition 5, a measure promoted by California Democratic state lawmakers to make it significantly easier for local governments to amass new debt and raise property taxes in the name of infrastructure improvement and affordable housing
L.A. rebukes soft on crime policies; tosses Gascon, OKs Prop 36
Los Angeles County voters delivered a strong rebuke to progressive criminal justice reformers, who they blamed for spiking crime in L.A. and elsewhere on Election Day, voting out progressive prosecutor George Gascon and voting overwhelmingly to approve Prop 36
Judge OKs $2.3M deal to end Black Lives Matter class action vs Santa Monica
The lawsuit had accused Santa Monica police of excessive force in attempting to end riots that raged May 31-June 1, 2020, amid protests over the death of George Floyd. The city did not actively contest the lawsuit, but quickly settled
Live Nation can't use 'mass arbitration' rules to beat class action over Ticketmaster fees, appeals court says
The U.S. Ninth Circuit Court of Appeals said a provision in Ticketmaster's user agreement that would force customers with legal claims against the company into so-called 'mass arbitration,' in a bid to ward off trial lawyers' new costly litigation tactics, was 'unconscionable' under California law and could not be saved by federal law
CA law blocking religious schools from special ed funds violates religious freedom, appeals court says
U.S. Ninth Circuit Appeals Court said California can't show its discrimination vs religious schools is "neutral." Three devout Orthodox Jewish families can continue their suit against the state for allegedly forcing them to choose between their faith and obtaining educational services for their disabled children
Ex-BART workers fired over Covid vax mandate should get $7.8M, jury says
The San Francisco Bay Area Rapid Transit District should pay at least $1.1 million to six workers who were fired in 2022 after BART repeatedly refused to grant religious exemptions and accommodations to workers who said their faith prevented them from complying with BART's Covid shot mandate
Appeals panel: U.S. can't apply Asylum Transit Rule to illegal immigrants already at the border
A federal appeals court has blocked the Biden administration from forcing illegal immigrants who already were turned away from the border to first apply for "asylum" in Mexico before requesting the same from the U.S. A dissenting judge said the ruling "twists" U.S. asylum law to extend to people who haven't even arrived in the country
Judge won't let Disney run to appeals court to win OK to fire actors over political speech
A Los Angeles federal judge said Disney can't go to an appeals court to seek to overturn her refusal to dismiss a lawsuit from former "Mandalorian" actor Gina Carano, accusing the company of violating her rights by firing her from the show over her conservative political views, which Disney said was "offensive"
Meta, social media operators can't pull plug on states' suit over young people's 'addiction'
An Oakland federal judge said a bipartisan coalition of nearly three dozen state attorneys general had provided enough evidence to this point that Meta and other social media companies knew their products were addictive to young people and misled the public about the risks, leading to societal harms
SCOTUS ends Uber's challenge to the lingering effects of AB5, won't hear appeal
The U.S. Supreme Court denied a petition to overturn an appeals court's decision that California lawmakers didn't violate the constitutional rights of Uber, Postmates and similar companies by targeting them with AB5, a labor law that would have exposed the companies to massive liability over the employment classification of drivers
SCOTUS won't review CA court's decision, clearing path for state, city lawsuits vs Uber, Lyft
The Attorney General and city attorneys for L.A., San Diego and San Francisco have sued Uber and Lyft under the controversial AB5 labor law, seeking to extract a big payday from the companies, ostensibly on behalf of workers, over claims the companies misclassified drivers as independent contractors
Stanford, Cal Tech, USC among top U.S. universities hit with class action over financial aid practices
A new class action lawsuit says some of America's top colleges and universities have for nearly two decades violated U.S. antitrust law by collectively making it harder for students to obtain need-based financial aid by forcing them to include non-custodial parent income on applications
Polls in Bay Area, elsewhere in CA show big support for Prop 36, despite Dem leaders' opposition
Prop 36 would restore to police and prosecutors powers to address property and drug crimes that had been stripped by away 10 years ago by Prop 47, which helped to fuel California's current crime problems and was strongly supported by Kamala Harris
Appeals court: ADA doesn't nix Montana state law blocking 'vax discrimination'
The federal appeals judges said a Montana federal judge overreached in declaring that the Americans with Disabilities Act all but required health care organizations to require workers to be vaccinated against Covid and other communicable diseases to protect 'immunocompromised disabled persons'