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Searching Content indexed under Court Procedure by John Nadolenco ordered by Published Date Descending.
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California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
2
California Supreme Court Holds That Diminished Subjective Value Satisfies Proposition 64 Standing Limitations For Unfair Competition and False Advertising Actions
The California Supreme Court has held that consumers who allege that their subjective motivation for purchasing a product or service was affected by a deceptive label or advertising — whether or not the alleged misrepresentation affected the market value of the product — have standing to sue under California’s Unfair Competition Law (UCL), Cal. Bus. & Prof. Code § 17200 et seq., and the closely related False Advertising Law (FAL), id. § 17500 et seq.
United States
3 Feb 2011
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US Supreme Court Justice Issues Stay in Case Involving Federal Due Process Constraints on State-Court Class Actions
Justice Scalia, acting in his capacity as Circuit Justice for the Fifth Circuit, recently issued a stay of a state-court judgment in a class action to allow the defendants to file a petition for certiorari.
United States
4 Oct 2010
4
US Supreme Court to Review Employer Access to Employee Text Messages
On December 14, 2009, the United States Supreme Court agreed to review a decision of the United States Court of Appeals for the Ninth Circuit holding that, by reviewing text messages transmitted and received on a pager issued to a police officer, a California city had violated the constitutional privacy rights of the officer and of three individuals who had sent him text messages.
United States
 
17 Dec 2009
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Actual Injury (and Standing) Necessary Only for Class Representatives, Not Absent Class Members, Under California’s Section 17200
Until California voters passed Proposition 64, anyone could sue on behalf of the “general public” using the unique representative action of California’s Unfair Competition Law (UCL), the notorious Section 17200 of California’s Business and Professions Code.
United States
27 May 2009
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Forum Selection Clauses: What a Difference an "Of" Makes
In a ruling that may be of interest to any company that includes forum-selection clauses in its agreements—especially in agreements with consumers—the US Court of Appeals for the Ninth Circuit recently ruled that a clause selecting the "courts of Virginia" meant the parties agreed to litigate only in Virginia state courts, not its federal courts.
United States
30 Jan 2009
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