Scott Holland News
Retirement plan contributions can be excluded from Chapt 13 income: Appeals panel
A federal appeals court in San Francisco has ruled that contributions to a qualified retirement plan through an employer can be excluded from "disposable income" reported by people seeking to file Chapter 13 bankruptcy
CA Supreme Court says used cars with unexpired warranties aren't "new" cars
'Huge win for all automakers,' attorneys for FCA US said, in praise of the decision declaring used car buyers must also purchase an original manufacturer's warranty to demand coverage under a California consumer protection law
Appeals panel: Govt lawsuit can resume vs Kaiser over allegedly misleading 'provider directories'
San Diego City Attorney calls litigation 'wakeup call to the life insurance industry'
Hundreds of school districts cleared to keep up 'nuisance' lawsuit vs. social media companies
A federal judge said the core theory of allegations is the impact of compulsive use of the products marketed by the companies that own and operate Facebook, Instagram, TikTok and YouTube, among other social media platforms alleged in the lawsuits to be "addictive" and harmful to society, and schools in particular.
California Supreme Court says employers can't beat PAGA suits by claiming they are not 'manageable'
The decision narrows the ability of employers to beat the sometimes sprawling lawsuits, increasing the likelihood they will get sued and the likelihood that they will need to pay to defend or settle the actions under California's controversial PAGA law
Appeals panel revives fraud suit regarding Valeant's Apriso drug patents, says not defeated by 'public disclosure bar'
The lawsuit on behalf of Medicare and Medicaid alleges drugmaker falsely obtained multiple patents and overcharged government customers. The appeals panel says a lawyer who has represented generic drugmakers may have 'stitched together' enough information to back his fraud claims
Appeals court OKs exploitation class actions against online porn sites
Advocates say the decision could clear the way for others who claim they were exploited to sue foreign online porn operators
California Supreme Court says drug abuse alone not enough to justify removing kids from parents
Unanimous ruling sends father's lawsuit back to appellate court for reconsideration under new framing of legal standard that did away with the so-called tender years presumption.
Ninth Circuit says California State Bar is arm of the state, and is shielded from discrimination lawsuit
Mountain View disability attorney alleged the California State Bar had violated disability law by declining to provide him with test-taking accommodations.
Appeals panel agrees with ending lawsuit accusing Shopify of wrongly sharing customer data
U.S. Ninth Circuit opinion says California customer can't sue Canadian payment processor under state law just because the company was involved in processing payments from online transactions.
CA Supreme Court says PG&E customers can't sue utility over forced blackouts during wildfire season
Attorneys for the plaintiffs say the decision marks a "sad day" in California, as they predict it will remove the risk of harmful lawsuits and allow PG&E and other California utilities to shut off power to California communities more often and for longer periods
CA appeals court says Bakersfield newspaper must turn over reporter's notes from jailhouse interview with accused murderer
The appeals panel says journalists' First Amendment press freedom rights are superseded by accused criminals' right to a fair trial when the two rights conflict.
State appeals panel rules ADA regulations don't apply to standalone websites
Plaintiffs alleged truck parts site lacked accommodations for blind customers
Federal judge says California's 'large-capacity magazine' ban can't square with Second Amendment
A federal judge has ruled the California state law, backed by Gov. Gavin Newsom, is "clearly unconstitutional" when weighed using the tests required by the U.S. Supreme Court
Appeals panel says hotel allowed to collect legal fees after beating an ADA accessibility class action over website
The panel of the U.S. Ninth Circuit Court of Appeals agreed a 2013 Supreme Court ruling overturned a 2001 federal appeals decision, which found the opposite
Appeals panel: San Francisco can't use airport contracts to shield improper local regulations on airlines
A split federal appeals panel said a San Francisco ordinance attempting to force airlines that use SFO to provide certain health benefits is an illegal attempt to regulate airlines, clashing with federal law
Appeals panel agrees AirBnb properties aren't hotel-like 'developments' needing special coastal permits
Coastal Protection Alliance argued short-term rental properties needed to secure coastal development permits, like hotels or resorts. Judges said the rental homes are still being used as homes, no matter who is staying in them
Judge unplugs antitrust class action accusing Google, Apple of secret search engine deal
Complaint alleges Apple agreed to stay out of search engine game in exchange for huge payments, allegedly harming consumers
CAL Supreme Court: Contractors, like those hired for pre-employment screening, can be sued for discrimination under state law
U.S. Healthworks Medical Group, which conducted pre-employment medical screenings, argued only direct employers should face discrimination lawsuits under California law, but the court said agents who professionally should know better can't just say they were following directions
Alameda judge won't end lawsuit accusing CAL state schools officials of discrimination during Covid remote learning
Oakland, Los Angeles students say they were denied equal education when the state closed schools during the Covid-19 pandemic, and did not provide them with the computers and other technology they needed to academically function during the shutdown