• September 5, 2017 | Texas Lawyer

    Federal Judge Rules on the Overtime Salary Rule

    Editor's Note: Judge Mazzant issued a final ruling striking down the overtime rule. The Texas Federal Judge used essentially the same reasoning on which he based his temporary injunction ruling. In light of this final decision, the appeal of his temporary injunction likely becomes moot.

    1 minute read

  • Stoetzl v. State of California

    Publication Date: 2017-09-05
    Practice Area: Employment Litigation | Labor Law
    Industry: State and Local Government
    Date Filed: 2017-08-31
    Court: C.A. 1st
    Judge:
    Attorneys: For plaintiff: Counsel for Plaintiffs and Appellants: Carroll, Burdick & McDonough LLP, Jack T. Friedman, Jonathan D. Yank, Laurie J. Hepler, and David M. Rice; Messing Adam & Jasmine LLP, Gregg McLean Adam; and Goyette and Associates, Inc., Gary G. Goyette.
    for defendant: Counsel for Defendants and Respondents: Kronick, Moskovitz, Tiedemann & Girard, David W. Tyra and Kristianne T. Seargeant; California Department of Human Resources, Joan A. Markoff, Chief Counsel, Frolan R. Aguiling, Deputy Chief Counsel, Christopher E. Thomas, Labor Relations Counsel, and David D. King, Labor Relations Counsel.

    Case Number: No. A142832

    State correctional officers' MOUs dictated that federal and not state law determined issue of compensable hours (Rivera, J.)

  • Jackson v. Fong

    Publication Date: 2017-09-05
    Practice Area: Civil Rights
    Industry: State and Local Government
    Date Filed: 2017-08-31
    Court: 9th Cir.
    Judge: Charles R. Breyer, Senior District Judge, Presiding Before: Sidney R. Thomas, Chief Judge, Mary H. Murguia, Circuit Judge, and Jon P. McCalla,* District Judge.
    Attorneys: For plaintiff: Gregory S. Bok (argued), Carolyn S. Small, Jessica R. Culpepper, Daniel R. Adler, and Blaine H. Evanson, Gibson Dunn & Crutcher LLP, Los Angeles, California, for Plaintiff-Appellant.
    for defendant: Alicia A. Bower (argued), Deputy Attorney General; Thomas S. Patterson, Supervising Deputy Attorney General; Jonathan L. Wolff, Senior Assistant Attorney General; Office of the Attorney General, San Francisco, California, for Defendants-Appellees.

    Case Number: No. 15-15547

    Former inmate not subject to PLRA exhaustion requirements (Murguia, J.)

  • Aviles-Rodriguez v. Los Angeles Community College District

    Publication Date: 2017-08-31
    Practice Area: Employment Litigation
    Industry: Education | State and Local Government
    Date Filed: 2017-08-29
    Court: C.A. 2nd
    Judge:
    Attorneys: For plaintiff: Knapp, Petersen & Clarke, André E. Jardini, Gwen Freeman, and K.L. Myles for Plaintiff and Appellant.
    for defendant: Wood, Smith, Henning & Berman, Stacey F. Blank, and Shannon M. Benbow for Defendant and Respondent.

    Case Number: No. B278863

    Professor denied tenure has one year from last date of employment to file complaint with DFEH (Manella, J.)

  • Rachel H. v. Department of Education, State of Hawaii

    Publication Date: 2017-08-31
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Date Filed: 2017-08-29
    Court: 9th Cir.
    Judge: Helen W. Gillmor, Senior District Judge, Presiding Before: Raymond C. Fisher, Richard A. Paez and Jacqueline H. Nguyen, Circuit Judges.
    Attorneys: For plaintiff: Jay S. Handlin (argued), New York, New York, for Plaintiff-Appellant.
    for defendant: Kaliko'onalani D. Fernandes (argued), Holly T. Shikada, and Gary S. Suganuma, Deputy Attorneys General; Clyde J. Wadsworth, Solicitor General; Douglas C. Chin, Attorney General; Department of the Attorney General, Honolulu, Hawaii; for Defendant-Appellee.

    Case Number: No. 14-16382

    IEP not required to identify specific local public school where services would be offered (Fisher, J.)

  • August 31, 2017 | New Jersey Law Journal

    Unpublished Opinions for the Week of September 4, 2017

    07-4-4126 Hermanns v. Hermanns, N.J. Chancery Div. (Contillo, P.J. Ch.) (23 pp.) Plaintiff sought to amend his complaint to add claims in his action…

    1 minute read

  • Ramirez v. City of Gardena

    Publication Date: 2017-08-24
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Date Filed: 2017-08-23
    Court: C.A. 2nd
    Judge:
    Attorneys: For plaintiff: Innabi Law Group, Abdalla J. Innabi and Amer Innabi for Plaintiffs and Appellants.
    for defendant: Manning & Kass, Ellrod, Ramirez, Trester, Mildred K. O'Linn, Tony M. Sain and Ladell H. Muhlestein for Defendant and Respondent.

    Case Number: No. B279873

    City's compliance with statutory vehicular pursuit policy entitled it to immunity for fatality (Lui, J.)

  • Briggs v. Brown

    Publication Date: 2017-08-24
    Practice Area: Criminal Appeals | Election and Political Law
    Industry: State and Local Government
    Date Filed: 2017-08-24
    Court: Ca. Sup. Ct.
    Judge:
    Attorneys: For plaintiff: Orrick, Herrington & Sutcliffe, Christina Von der Ahe Rayburn and Lillian Jennifer Mao for Petitioner.
    for defendant: Kathleen A. Kenealy, Acting Attorney General, Xavier Becerra, Attorney General, Douglas J. Woods, Assistant Attorney General, Marc A. LeForestier and Jose A. Zelidon-Zepeda, Deputy Attorneys General, for Respondents.

    Case Number:

    Prop 66's five-year time limit on resolution of death penalty appeals and habeas petitions must be deemed directive rather than mandatory (Corrigan, Acting C.J.)

  • August 22, 2017 | The Recorder

    Pot Advocates Argue Against Tobacco-Styled Marketing Restrictions

    When it comes to regulating marijuana advertising, California lawmakers have visions of the Marlboro Man. A broad bill that has sailed through the Legislature this year would restrict marijuana branding in much the same way as tobacco promotions. Lawmakers are set to take up the measure Wednesday.

    1 minute read

  • Moonin v. Tice

    Publication Date: 2017-08-22
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Date Filed: 2017-08-22
    Court: 9th Cir.
    Judge: Larry R. Hicks, District Judge, Presiding Before: Marsha S. Berzon and Mary H. Murguia, Circuit Judges, and Frederic Block,* District Judge.
    Attorneys: For plaintiff: Kenneth J. McKenna (argued), Reno, Nevada, for Plaintiffs-Appellees.
    for defendant: Joseph F. Tartakovsky (argued), Deputy Solicitor General; Brandon R. Price, Deputy Attorney General; Cameron P. Vandenberg, Supervising Senior Deputy Attorney General; Adam Paul Laxalt, Attorney General; Office of the Attorney General, Carson City, Nevada, for Defendant-Appellant.

    Case Number: No. 15-16571

    Ban on highway patrol officers' communications with public violated First Amendment by imposing impermissible prior restraint (Berzon, J.)