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Stories by Scott Holland on Southern California Record

SOUTHERN CALIFORNIA RECORD

Thursday, November 21, 2024

Scott Holland News


Appeals panel: Govt lawsuit can resume vs Kaiser over allegedly misleading 'provider directories'

By Scott Holland |
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

By Scott Holland |
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'

By Scott Holland |
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'

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

By Scott Holland |
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

Appeals panel agrees citizen-led ballot measures can pass with only simple majority

By Scott Holland |
On remand, state court to consider whether pillow tax referendum had municipal backing

Appeals panel says San Francisco allowed to let noncitizens vote in school board elections

By Scott Holland |
Ruling overturns dismissal of Proposition N ordinances as unconstitutional