Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more
11/14/2023
/ Attorney's Fees ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
False Advertising ,
Jury Awards ,
Lanham Act ,
Misappropriation ,
Monster Energy Drinks ,
Trade Secrets ,
Uniform Trade Secrets Acts ,
Willful Violations
On November 3, 2023, the Supreme Court of the United States granted certiorari in 3 cases:
Coinbase, Inc. v. Suski, No. 23-3: This case concerns the enforceability of “delegation clauses” in arbitration agreements. A...more
On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases:
Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more
10/17/2023
/ Arrest ,
Bankruptcy Code ,
Certiorari ,
Chapter 11 ,
Chevron Deference ,
Escrow Accounts ,
First Amendment ,
Mortgages ,
National Bank Act ,
Preemption ,
Probable Cause ,
Real Party in Interest ,
Relentless Inc v US Department of Commerce ,
Retaliation ,
SCOTUS ,
U.S. Commerce Department
Today, the Supreme Court of the United States granted certiorari in 12 cases:
Moody v. NetChoice, LLC, No. 22-277: This case involves a First Amendment challenge to a Florida statute that restricts certain social media...more
10/9/2023
/ Administrative Procedure Act ,
Bankruptcy Code ,
Calculation of Damages ,
Certiorari ,
Federal Arbitration Act ,
Federal Rules of Criminal Procedure ,
Fifth Amendment ,
First Amendment ,
Interstate Commerce ,
Securities Exchange Act ,
Sixth Amendment ,
Social Media ,
Takings Clause ,
The Copyright Act
The California Court of Appeal, Fourth District, Division One, issued the following published decision...more
The California Supreme Court issued the following decision earlier this week:
Travis et al. v. Brand et al., Case No. S268480: Government Code section 91003(a) gives trial courts discretion to award attorney’s fees to “a...more
The California Supreme Court issued the following decision last week:
Yahoo, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. S253593. Yahoo!’s insurer, National Union, refused to indemnify Yahoo! in...more
11/28/2022
/ Advertising Injury ,
CA Supreme Court ,
Commercial General Liability Policies ,
Consumer Privacy Rights ,
Duty to Defend ,
Indemnity Claim ,
Insurance Litigation ,
Putative Class Actions ,
TCPA ,
Text Messages ,
Yahoo!
The California Court of Appeal for the Fourth Appellate District issued the following decisions this week:
Golf & Tennis Pro Shop, Inc. v. The Superior Court of Orange County, No. G060852: The Court of Appeal...more
The California Court of Appeal, Fourth District, Division 3, issued the following decision on September 7:
Garg v. Garg, Case No. G061500: This decision serves, perhaps, as both a warning and a consolation to attorneys...more
The California Supreme Court issued the following decisions last week:
Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more
9/7/2022
/ Anti-SLAPP ,
Appeals ,
CA Supreme Court ,
Cal Code of Civil Procedure ,
Duty of Care ,
Free Speech ,
Offer-in-Compromise ,
Prejudgment Interest ,
Property Owners ,
Protests ,
Public Interest ,
Section 998 ,
Settlement Agreements ,
Visitors
The California Supreme Court issued the following decisions:
Cam-Carson, LLC v. Carson Reclamation Authority, et al., Case No. B312729: Plaintiff, a commercial real estate developer joint venture, sued the City of Carson...more
The California Supreme Court issued the following decisions this week:
Coast Community College Dist. v. Commission on State Mandates, No. S262663: The Supreme Court addressed whether several community college districts...more
The California Supreme Court issued the following decision on Thursday:
Zolly v. City of Oakland, No. S262634: In a case involving the California Constitution’s taxpayer approval requirements for local taxes, the...more
The California Supreme Court issued the following decisions:
County of Butte v. Department of Water Resources, et al., No. S258574: California’s Department of Water Resources (DWR) operates the “Oroville Facilities,” an...more
8/8/2022
/ Americans with Disabilities Act (ADA) ,
CA Supreme Court ,
CEQA ,
Department of Water Resources ,
Disability ,
Environmental Impact Report (EIR) ,
Federal Power Act ,
Licensing Rules ,
Public Schools ,
Unruh Civil Rights Act ,
Utilities Sector ,
Water
We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction.
The California Court of Appeal, Fourth Appellate...more
Siry Investment, L.P. v. Farkhondehpour, No. S262081: The Supreme Court resolved two issues: whether (1) a party in default has standing to file a motion for a new trial alleging legal error in the calculation of damages, and...more
While not from the California Supreme Court, we are reporting on a decision from the California Court of Appeal because of its importance to myriad COVID-19 insurance coverage actions currently being litigated in California. ...more
Grande v. Eisenhower Medical Center, No. S261247: In this case, a staffing agency arranged for a nurse to work at a hospital. The nurse sued the staffing agency for violating the Labor Code and Unfair Competition Law but did...more