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Stories by Jonathan Bilyk on Southern California Record

SOUTHERN CALIFORNIA RECORD

Sunday, December 22, 2024

Jonathan Bilyk News


Privacy class action firms jockey for control of 23andMe data breach claims; Edelson calls for new approach

By Jonathan Bilyk |
Data privacy class action firm Edelson P.C. is seeking to control 40 class actions, potentially worth huge money, against 23andMe for allegedly allowing genetic info to be stolen in a data breach. In a new filing, Edelson is asking courts to reconsider how they decide which lawyers should lead

Judge: Nestle can't melt class action over white chocolate content in TollHouse white baking chips

By Jonathan Bilyk |
A San Jose federal judge said a recent decision from a California state appeals court in a virtually identical case against Walmart will require Nestle to work harder to beat the class action accusing the company of misleading consumers

SCOTUS: CA appeal court wrong to block man from suing El Dorado County over $23K 'traffic fees' for one house

By Jonathan Bilyk |
The U.S. Supreme Court took to task the California Third District Court of Appeals for ruling that the Fifth Amendment's prohibition on property takings doesn't apply to permit fee schemes enacted by legislatures, like the El Dorado County Board.

California election authorities can't bump Fong from race to replace McCarthy in Congress, appeals panel says

By Jonathan Bilyk |
A California state appeals court has ruled California Secretary of State Shirley Weber misinterpreted the state's election laws in attempting to block Republican State Assemblyman Vince Fong from the ballot in the contest to replace former U.S. House Speaker Kevin McCarthy

Appeals panel: Investors can go after Genius Brands for over-boosting 'Rainbow Rangers'

By Jonathan Bilyk |
A federal appeals panel says a L.A. federal judge wrongly tossed a lawsuit against kids TV producer Genius Brands for misleading investors about the prospects for its show "Rainbow Rangers" and for boosting a report that they could be bought by Disney or Netflix

Appeals panel: Local density caps OK'd by voters don't defeat state law allowing denser housing

By Jonathan Bilyk |
California appeals judges said Senate Bill 10, which allows cities and counties to approve certain higher-density housing developments, don't violate the state constitution by overriding local voter initiatives setting housing density caps.

'De facto invisible': High costs, state rules, lack of online access can block public from monitoring 'public' court proceedings

By Jonathan Bilyk |
A settlement has resolved a class action vs federal courts over fees charged to access online court documents. But high costs for certain records and varying court rules about public access to court records in Illinois and elsewhere create a legal patchwork that mostly limits public view into the courts

Meta can't escape class action claiming Facebook 'Potential Reach' for ads misled advertisers

By Jonathan Bilyk |
A majority on a split panel of the U.S. Ninth Circuit Court of Appeals said it should only matter that Facebook allegedly inflated the "Potential Reach" of "boosted" ads, not by how much individual advertisers may have been misled, if at all

Lawsuit accuses San Diego of operating discriminatory anti-white homebuyer assistance program

By Jonathan Bilyk |
The lawsuit seeks a court order blocking the city of San Diego from administering its first-time homebuyer assistance program which the lawsuit said intentionally excludes white applicants.

Realtors to pay $418M to end home seller commission class action; Big changes coming to home sale process

By Jonathan Bilyk |
Lawyers who brought the lawsuits could be in for a big payday, as well, potentially claiming $140 million from the deal, plus $69 million from earlier settlements with large real estate brokerages facing similar claims of alleged collusion to boost real estate agent commissions

Disability rights advocates say California must allow voters with 'print disabilities' to vote electronically from home

By Jonathan Bilyk |
A group of California voters who are blind or otherwise have "print disabilities" have joined with disability rights advocate organizations to sue the state of California, claiming California's vote-by-mail program discriminates against them because they must print and mail their completed ballots

Objectors to Sacramento marijuana shop owner residency rule win chance to press constitutional claims

By Jonathan Bilyk |
A federal appeals panel ruled that a federal district judge had wrongly attempted to duck the thorny constitutional questions by citing the deep conflict between federal and California state marijuana laws

CA Supreme Court says car buyers can demand to keep trade-in credits under 'lemon law' verdicts

By Jonathan Bilyk |
Automaker Stellantis/FCA had argued such a ruling would essentially allow car buyers to profit when they buy defective cars, trade them in toward the purchase of other vehicles, and then sue under the lemon law for a full refund.

Judge upholds Temecula Valley schools policies blocking classroom CRT, requiring parental notification for gender changes

By Jonathan Bilyk |
A Riverside County judge sided with Temecula Valley Unified School District in a dispute with activists and the local teachers union over school board policies that block teachers from telling students that white people are inherently racist and require educators to notify parents if their children change gender ID

San Diego judge slashes 90% off $332M verdict awarded to man in Roundup trial

By Jonathan Bilyk |
The judge said $325 million in punitive damages was excessive, compared to the $7 million in compensatory damages the jury awarded plaintiff Mike Dennis. The judge cut punitive damages to $21 million. Monsanto still plans to appeal

California remains one of top spots for ADA disability access lawsuits in America

By Jonathan Bilyk |
An analysis by the Seyfarth firm placed California No. 2, behind New York, as the top state for new lawsuits filed in federal court under ADA Title III in 2023. Many such lawsuits have been likened by prosecutors to "shakedowns" of small businesses

Biden administration, left-wing allies 'colluding' to shove court fight over immigration past November, judge says

By Jonathan Bilyk |
A federal appeals court judge in San Francisco blasted the Biden administration and his fellow judges for allowing left-wing activists to help the president quietly tuck from public view a court fight over the politically fraught crisis at the southern border

California cities can't bring class action to force Netflix, Hulu, other streamers to pay cable TV franchise fees

By Jonathan Bilyk |
A state appeals court has pulled the plug, for now, on efforts by trial lawyers and California cities to force streaming entertainment services, like Netflix, to pay the fees normally levied by state law on cable TV companies

California can't enforce minor gun ad ban law while court case plays out over speech restrictions

By Jonathan Bilyk |
The full U.S. Ninth Circuit Court of Appeals said it won't grant the Attorney General's request for a review of a three-judge panel's decision to slap an injunction on AB2571, which they said amounted to an unconstitutional 'muzzling of speech'

Appeals court: Lowe's can't escape PAGA class action by enforcing arbitration clause vs lead plaintiff

By Jonathan Bilyk |
The U.S. Ninth Circuit Court of Appeals agreed that the California Supreme Court's interpretation of the state's controversial PAGA law holds sway over that of the U.S. Supreme Court