y District No. 1 Pacific Coast v. Liberty Maritime Corp. By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States DC Circuit) - Reversed and remanded. The district court had jurisdiction over a Labor Management Relations Act Claim relating to a maritime labor union because the act provides federal jurisdiction over suits for violation of contracts between employers and labor organizations. Full Article Civil Procedure Labor & Employment Law
y O'Donnell v. Caine Weiner Company, LLC By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A lawsuit alleging unequal pay due to gender discrimination and retaliation that lost on all counts at jury trial was affirmed. The jury instructions and verdict forms did not prejudice the case. Full Article Labor & Employment Law Civil Rights Civil Procedure
y Yochim v. Carson By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The US Department of Housing and Urban Development did not fail to reasonably accommodate an employee that had previously taken advantage of a telecommute policy following hand surgery when, following restructuring and performance deficiencies, they revoked her telecommute privileges. Full Article Labor & Employment Law Civil Rights Civil Procedure Civil Procedure Civil Rights Labor & Employment Law
y Senne v. Kansas City Royals Baseball By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA. Full Article Class Actions Labor & Employment Law
y Harville v. City of Houston, Mississippi By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The court affirmed the dismissal of a suit claiming race discrimination and retaliation under Title VII in the firing of a deputy clerk of a city that was part of a group of layoffs intended to offset a budget shortfall. The plaintiff failed to present a genuine issue of material fact that her race was the motivating factor in her termination or that there was a causal connection between an EEOC complaint and the termination. Full Article Civil Rights Civil Procedure Labor & Employment Law
y Gupta v. Morgan Stanley Smith Barney LLC By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement. Full Article Dispute Resolution & Arbitration Labor & Employment Law Civil Rights Civil Procedure
y Bentley v. AutoZoners, LLC, et al. By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms. Full Article Labor & Employment Law Civil Procedure
y Murray v. Mayo Clinic By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel held that the district court correctly instructed the jury to apply a “but for” causation standard, rather than a motivating factor standard; an ADA discrimination plaintiff must show the adverse employment action would not have occurred but for the disability. Full Article Labor & Employment Law
y Stallworth v. Bryant By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Fifth Circuit) - Vacated. Partial enforcement to produce discovery documents in an equal protection claim vacated, where Plaintiffs did not have standing. There is no legally protected interest under which the board members of the Jackson Municipal Airport Authority can assert a claim over disparate treatment compared to other municipalities regarding the passage of S.B. 2162. Full Article Labor & Employment Law
y Ray v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part, reversed in part. The panel affirmed Los Angeles County was not entitled to 11th Amendment immunity because the County was not an arm of the state when it administered the In-Home Supportive Services program. The court reversed on the collective period’s effective date. Full Article Labor & Employment Law
y Franco v. Greystone Ridge Condominium By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events. Full Article Dispute Resolution & Arbitration Labor & Employment Law
y Chaidez v. Ford Motor Company By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Seventh Circuit) - Vacated and remanded. The district court dismissal of a suit for failure to exhaust remedies was vacated because the claims of discrimination had been exhausted before the Equal Employment Opportunity Commission. Full Article Civil Procedure Labor & Employment Law Administrative Law Civil Rights
y Jeffra v. Cal. State Lottery By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was an investigator employed by the California State Lottery. He sued Defendant alleging retaliation in violation of the California Whistleblower Protection Act. Defendant filed an anti-SLAPP motion to strike Plaintiff’s complaint. The trial court denied the motion. The appeals court agreed finding Plaintiff had established his complaint arose from a protected activity and that he was likely to succeed on the merits of his claim. Full Article Civil Rights Constitutional Law Labor & Employment Law
y BANK OF NEW YORK MELLON v. MAZZEO By feeds.findlaw.com Published On :: -January 21, 2020-T08:00:00+00:00 (CT Court of Appeals) - AC 42180 Full Article
y Glovis America, Inc. v. County of Ventura By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund. Full Article Property Law & Real Estate Military Law Tax Law
y Harrington v. Berryhill By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (United States Seventh Circuit) - Declined to hear a challenge to Treasury Offset Program regulations. A law firm ended up with nothing in legal fees because the government administratively offset fees awarded to its Social Security recipient clients under the Equal Access to Justice Act against the clients' various debts to the government. On appeal, the Seventh Circuit held that the offset matter was better suited for a separate action under the Administrative Procedure Act, and declined to exercise ancillary jurisdiction over a collateral challenge to the pertinent regulations. Full Article Government Benefits Tax Law Attorney's Fees
y Perry v. Coles County, Illinois By feeds.findlaw.com Published On :: 2018-10-11T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of taxpayers' suit alleging that a county government imposed a disproportionate tax on commercial and industrial properties in one particular township as opposed to similar types of properties elsewhere in the county. Held that the district court appropriately abstained from hearing this Equal Protection Clause suit under the comity doctrine. Full Article Tax Law Constitutional Law
y Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. By feeds.findlaw.com Published On :: 2018-11-20T08:00:00+00:00 (California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser. Full Article Contracts Tax Law Property Law & Real Estate
y Next Century Associates, LLC v. County of Los Angeles By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a county appeals board erred in denying a hotel's request for a property tax refund. The hotel contended that the property valuation was incorrect. Reversed and remanded to the board for a new hearing. Full Article Tax Law Property Law & Real Estate
y Karas-Durante v. County of Santa Clara By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that a homeowner was not entitled to a refund of property taxes. County officials correctly determined that there was a change in ownership of a house she co-owned with her sister, which triggered a reassessment of its value. Affirmed a judgment after trial. Full Article Tax Law Property Law & Real Estate
y Electronic Privacy Information Center v. IRS By feeds.findlaw.com Published On :: 2018-12-18T08:00:00+00:00 (United States DC Circuit) - Affirmed the dismissal of a nonprofit organization's lawsuit seeking President Donald Trump's income tax records. Held that no one can use a Freedom of Information Act request to demand to inspect another's tax records. The case involved a FOIA request filed by the Electronic Privacy Information Center shortly after the 2016 election. Full Article Elections Government Law Tax Law
y Harmony Gold U.S.A., Inc. v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a property owner could not proceed with a lawsuit seeking to recover tax overpayments. Affirmed a dismissal, in a case involving the determination of the real property's base-year value, a core metric for assessing property taxes in California. Full Article Tax Law
y DFS Group, L.P. v. County of San Mateo By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a county tax assessor incorrectly determined the value, for property tax purposes, of a concessionaire's lease at San Francisco International Airport. Full Article Tax Law
y Dondlinger v. Los Angeles County Regional Park and Open Space District By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a taxpayer could not proceed with a lawsuit seeking to invalidate a voter-approved special property tax imposed by Los Angeles County. Affirmed a judgment on the pleadings. Full Article Tax Law
y BNSF Railway Co. v. Loos By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Supreme Court) - Held that an award of damages compensating an injured railroad worker for lost wages was subject to taxation under the Railroad Retirement Tax Act. The worker contended that the wages he recovered in this Federal Employers' Liability Act case should not be considered compensation subject to the payroll tax, which funds a self-sustaining retirement benefits system for railroad workers. Disagreeing, the U.S. Supreme Court held that the tax applied. Justice Ginsburg delivered the opinion of a 7-2 Court. Full Article Tax Law Transportation Labor & Employment Law
y Advanced Building and Fabrication Inc. v. Ayers By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Held that an employee of the California State Board of Equalization violated clearly established law by participating in law enforcement's execution of a search warrant at the business premises of a man with whom he had a recent altercation. Affirmed the denial of his motion seeking qualified immunity in this lawsuit alleging civil rights and tort claims. Full Article Government Law Tax Law Constitutional Law
y Gaylor v. Peecher By feeds.findlaw.com Published On :: 2019-03-15T08:00:00+00:00 (United States Seventh Circuit) - Upheld an Internal Revenue Code provision that excludes housing allowances from ministers' taxable federal income. An advocacy group contended that the tax provision violates the First Amendment's Establishment Clause. Disagreeing, the Seventh Circuit held that the longstanding tax code exemption for religious housing is constitutional, reversing the district court. Full Article Tax Law Tax-exempt Organizations Constitutional Law
y Wright v. County of San Mateo By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - Held that homeowners were not disqualified from taking a tax break. California has a special tax provision benefitting homeowners over 55 years of age when they relocate to a replacement dwelling in the same county. Reversed the trial court. Full Article Tax Law
y SSL Landlord LLC v. County of San Mateo By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below. Full Article Tax Law Attorney's Fees
y SSL Landlord LLC v. County of San Mateo By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below. Full Article Tax Law Attorney's Fees
y City and County of San Francisco v. Regents of the University of California By feeds.findlaw.com Published On :: 2019-06-20T08:00:00+00:00 (Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university. Full Article Tax Law Constitutional Law
y North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust By feeds.findlaw.com Published On :: 2019-06-21T08:00:00+00:00 (United States Supreme Court) - Clarified the limits of a State's power to tax a trust. Struck down a North Carolina requirement that a trust must pay income tax to the State whenever the trust's beneficiaries live in the State -- regardless of whether the beneficiaries have received, can demand, or will ever receive a distribution of trust income. Justice Sotomayor delivered the opinion for a unanimous Court, in this due process challenge brought by a family trust. Full Article Tax Law Probate Trusts & Estates Constitutional Law
y Interior Glass Systems, Inc. v. US By feeds.findlaw.com Published On :: 2019-06-26T08:00:00+00:00 (United States Ninth Circuit) - Upheld federal tax penalties imposed on a company for failing to disclose its participation in a so-called listed transaction. Affirmed summary judgment against the company's tax refund claim, unpersuaded by procedural due process and other arguments. Full Article Tax Law
y Myers v. Commissioner of Internal Revenue Service By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States DC Circuit) - Reversed and remanded. The Tax Court improperly dismissed a case involving a man's application to the IRS for a whistleblower award because although his application was untimely the filing period was not jurisdictional and is subject to equitable tolling. Full Article Tax Law Civil Procedure
y Dixon v. Ryan By feeds.findlaw.com Published On :: 2019-07-26T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. Defendant’s Sixth Amendment rights were not violated when trial counsel failed to challenge his competency to waive counsel. Defendant’s due process right was not violated by state trial court’s refusal to hold a competency hearing sua sponte. Defendant’s Sixth and Fourteenth Amendment rights were not violated by being shackled and restrained during trial. Full Article Tax Law Civil Procedure
y Nguyen v. Nissan North America, Inc. By feeds.findlaw.com Published On :: 2019-07-26T08:00:00+00:00 (United States Ninth Circuit) - Reversed. District court’s denial of plaintiff’s motion for class certification met the predominance requirement of FRCP 23(b)(3). Plaintiff’s proposed damages model was consistent with his theory of liability, where cost-of-repair damages could be used in claims arising from a defective hydraulic clutch system. Full Article Civil Procedure Tax Law
y Howard Jarvis Taxpayers Assn. v. Newsom By feeds.findlaw.com Published On :: 2019-08-26T08:00:00+00:00 (California Court of Appeal) - Affirmed. The court found that Senate Bill No. 1107 directly conflicts with Political Reform Act of 1974 and does not further the purposes of the Act. Full Article Government Law Tax Law
y Brooks v. Yates By feeds.findlaw.com Published On :: 2016-03-28T08:00:00+00:00 (United States Ninth Circuit) - In a habeas corpus action, the district court's dismissal of the petition as untimely is: 1) affirmed where petitioner failed to establish entitlement to F.R.Civ.P. 60(b) relief for actual innocence; but 2) reversed where the district court abused its discretion by finding that petitioner was not abandoned by his counsel, who failed to respond to the court's order to show cause and notify his client of the order's issuance. Full Article Criminal Law & Procedure Habeas Corpus Ethics & Professional Responsibility
y Scheer v. Kelly By feeds.findlaw.com Published On :: 2016-04-04T08:00:00+00:00 (United States Ninth Circuit) - In a 42 U.S.C. section 1983 action, brought by plaintiff attorney challenging California's procedures for attorney discipline, the district court's dismissal of the complaint is affirmed where: 1) plaintiff's as-applied challenge is barred by the Rooker-Feldman doctrine; 2) plaintiff's facial claims were not time-barred because the State Bar misread the relevant circuit precedent concerning the statute-of-limitations; 3) plaintiff's facial claims have already been rejected by the Supreme Court of California and plaintiff received adequate notice and opportunity for a hearing; and 4) California's decision to regulate lawyers principally through the State Bar of California is constitutional. Full Article Civil Rights Ethics & Professional Responsibility Constitutional Law
y City of Petaluma v. Super. Ct. By feeds.findlaw.com Published On :: 2016-06-08T08:00:00+00:00 (California Court of Appeal) - In a labor and employment action, arising over a former, female firefighter's claims of harassment and discrimination against the City of Petaluma, the trial court's discovery orders are reversed where: 1) outside counsel's pure fact-finding role in the prelitigation investigation constituted legal services in anticipation of litigation and is privileged; and 2) defendant employer did not waive attorney-client privilege by asserting an avoidable consequences defense under the circumstances. Full Article Labor & Employment Law Ethics & Professional Responsibility
y National Association for the Advancement of Multijurisdictional Practice v. Lynch By feeds.findlaw.com Published On :: 2016-06-17T08:00:00+00:00 (United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law. Full Article Ethics & Professional Responsibility Judges & Judiciary
y Bundy v. U.S. District Court for the District of Nevada By feeds.findlaw.com Published On :: 2016-10-28T08:00:00+00:00 (United States Ninth Circuit) - In a petition for a writ of mandamus to force the district court to admit an attorney it had previously denied admission pro hac vice in the high-profile criminal trial of Cliven Bundy, the District Court's denial is affirmed where it did not abuse its discretion, as there are a litany of reasons for denying the attorney's pro hac vice status. Full Article Ethics & Professional Responsibility Judges & Judiciary
y Los Angeles County Board of Supervisors v. The Superior Court of Los Angeles County By feeds.findlaw.com Published On :: 2016-12-29T08:00:00+00:00 (Supreme Court of California) - In an action that implicates the public‘s interest in transparency and a public agency‘s interest in confidential communications with its legal counsel, the Court of Appeal’s judgment concerning whether billing invoices are privileged is reversed where invoices for work in pending and active legal matters are so closely related to attorney-client communications that they implicate the heart of the privilege rule. Full Article Evidence Ethics & Professional Responsibility
y Jacoby & Meyers v. The Presiding Justices By feeds.findlaw.com Published On :: 2017-03-24T08:00:00+00:00 (United States Second Circuit) - In a putative class action challenging on First Amendment grounds New York's rules, regulations, and statutes prohibiting non‐attorneys from investing in law firms, alleging that the infusions of additional capital which the regulations now prevent would enable plaintiffs to improve the quality of the legal services that they offer and at the same time to reduce their fees, expanding their ability to serve needy clients, the district court's dismissal of the complaint is affirmed where plaintiffs fail to allege the infringement of any cognizable constitutional right. Full Article Class Actions Ethics & Professional Responsibility Constitutional Law
y The Urban Wildlands Group v. City of Los Angeles By feeds.findlaw.com Published On :: 2017-04-13T08:00:00+00:00 (California Court of Appeal) - In an environmental action, challenging defendant city's finding that a project was exempt from formal environmental review, the trial court's grant of mandatory relief to plaintiff under Code of Civil Procedure section 473(b) is reversed where: 1) such relief is limited to default, default judgments, and dismissal; and 2) the trial court's grant of judgment to defendant after plaintiff counsel failed to prepare and lodge the administrative record as stipulated does not fall within either category. Full Article Civil Procedure Ethics & Professional Responsibility Environmental Law
y McDermott Will & Emery v. Super. Ct. By feeds.findlaw.com Published On :: 2017-04-18T08:00:00+00:00 (California Court of Appeal) - In defendants' petition for a writ of mandate directing the trial court to vacate both its order finding real-party-in-interest did not waive the attorney-client privilege as it applied to an e-mail inadvertently turned over during discovery, and the court's order disqualifying a law firm from representing defendants in the underlying lawsuits, the petition is denied where, regardless of how the attorney obtained the documents, whenever a reasonably competent attorney would conclude the documents obviously or clearly appear to be privileged and it is reasonably apparent they were inadvertently disclosed, the State Fund rule requires the attorney to review the documents no more than necessary to determine whether they are privileged, notify the privilege holder the attorney has documents that appear to be privileged, and refrain from using the documents until the parties or the court resolves any dispute about their privileged nature. Full Article Evidence Ethics & Professional Responsibility
y US v. Boyland By feeds.findlaw.com Published On :: 2017-07-10T08:00:00+00:00 (United States Second Circuit) - Denying the appeal of a judge convicted of 21 counts of public-corruption-related offenses, finding that subsequent decisions narrowing the interpretation of an 'official act' within the meaning of the federal bribery statute did not result in a plain error in the district court's instructions at trial. Full Article White Collar Crime Ethics & Professional Responsibility Judges & Judiciary Criminal Law & Procedure
y Diaz v. Professional Community Management, Inc. By feeds.findlaw.com Published On :: 2017-11-08T08:00:00+00:00 (California Court of Appeal) - Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal. Full Article Civil Procedure Ethics & Professional Responsibility Dispute Resolution & Arbitration
y Boyd v. Freeman By feeds.findlaw.com Published On :: 2017-12-20T08:00:00+00:00 (California Court of Appeal) - Reversing and remanding a claim of wrongful foreclosure in a case arising out of a contentious set of circumstances in which an attorney initiated foreclosure proceedings against a former client who filed a prior action alleging legal malpractice and other wrongdoing, characterizing the loan securing the property as usurious because prior demurrers did not bar the action and did not contravene the rule against splitting a cause of action. Full Article Property Law & Real Estate Civil Procedure Ethics & Professional Responsibility
y P. v. The North River Insurance Company By feeds.findlaw.com Published On :: 2017-12-20T08:00:00+00:00 (California Court of Appeal) - Affirming the denial of a bail surety's motion to vacate the forfeiture of a bail bond in a case where a defendant charged with drug trafficking offenses fled the country and was barred from reentry on account of the pending charges because the trial court may not grant a motion to vacate the forfeiture on a ground not asserted and on evidence not presented until after the appearance period has expired. Full Article Property Law & Real Estate Civil Procedure Ethics & Professional Responsibility