Posts

Most employers have clear anti-retaliation policies that pretty much mirror what the law says. The basic policy, in essence, says: If you or someone files a complaint against the company (or you), then you, others, and the company, will not retaliate. However, the word retaliate is rather vague and even high ranking officials within a company might not fully grasp how anti-retaliation laws work. And while everyone surely received some level of training during their onboarding, companies would be wise to at least retrain management on anti-retaliation practices after an exposure incident....

Appeal of a trial court order granting in part and denying in part defendants’ special motion to strike plaintiff’s race and age discrimination claims is dismissed where: 1) plaintiff’s notice of appeal was untimely filed under California Rules of Court 8.104(a), and his motion to reconsider both failed to comply with the procedural requirements of Code of Civ. Pro. sec. 1008 (a) and was invalid as it did not contain an affidavit or declaration in support of the motion; 2) defendant’s cross-appeal is untimely and must be dismissed; and 3) the order denying plaintiff’s motion for reconsideration was not appealable....

A police officer’s personnel file could be a gold mine for a defendant – past misconduct, especially the really juicy stuff like beating a defendant or falsifying a police report, could destroy an officer’s credibility and sway an otherwise teetering jury. But who screens those police files to determine whether they should be turned over? The California Supreme Court unanimously voted to take up the issue in an appeal of an intermediate court’s ruling that prosecutors, not police officers, should screen the files, reports the San Francisco Chronicle....

Cleveland Indians pitcher Chris Perez pleaded not guilty to pot charges filed against him and his wife Monday, after both were allegedly caught having marijuana delivered by mail – in a package addressed to their dog. Police were alerted to two suspicious packages which smelled like marijuana at the Rocky River, Ohio, post office, both of which were addressed to “Brody Baum.” Brody is the name of the couple’s dog, and Baum is the maiden name of Perez’s wife, reports The Plain Dealer....

The U.S. Court of Appeals for the District of Columbia Circuit issued a controversial ruling this week striking down D.C.’s restriction on carrying a concealed weapon. Prior to the court’s decision, the District of Columbia enforced a permitting system for individuals who wanted to carry a concealed weapon, legally. The permits would only be provided to those who had a good reason for having a concealed weapon, such as there being a known threat of harm or if the individual carries large amounts of cash or valuables as part of their occupation....

Three rejected Department of Justice Honors Program applicants will get their day in court after all. The Honors Program is a big deal. It is “the exclusive means by which the Department hires” entry-level attorneys, and it ultimately determines the composition of the Department’s career attorneys. Three applicants to the program sued the Department, alleging that they never made it to the interview round because of their political affiliations. Though the Privacy Act generally prohibits government agencies from maintaining records regarding an individual’s exercise of his First Amendment rights, the three plaintiffs claim that senior Justice officials annotated their applications and Internet printouts with notes about their political affiliations....

Princeton Review takes down ad claim. Objection sustained on LSAT improvement claims. O’Connell has law school on hold to play TV lawyer. Remember Celebrity 1L? Well, he’s swapping “2L” for a TV “Esq” ABA President Lamm Defends Law School Environmental Law Clinical Programs. In defense of the law school clinic. San Francisco to Host 2010 ABA Annual Meeting. Book your trolley ticket for Aug 5th-8th. Read ABA Resolution 301 and Watch the Video....

Google, you have really done it this time. As noted in a prior post, a mistake on Google Maps in delineating the border between Nicaragua and Costa Rica resulted in a skirmish and rising tensions between the two countries which may escalate into a regional conflict. The chest thumping between the neighboring nations continues even after, or possibly because of, an attempt by the Organization of American States to intervene....

A juvenile court’s order requiring that the Alameda County Social Services Agency provide reunification services to a guardian to maintain the legal guardianship is affirmed as, under the plain meaning of the statute when considered within the context of juvenile dependency law, section 366.3(b)of the Welfare and Institutions Code provides the juvenile court with the power to order the social services agency to provide reunification services to a legal guardian when deciding whether it is in the best interests of the child to maintain the existing legal guardianship....

Pop quiz: What happens if you fail to notify people that you have subpoenaed their bank records? Pop answer: You get indicted for identity fraud and attempt to commit identity fraud. Wait, what? Oh yeah, that’s how it works in a little place called the Appalachia Judicial Circuit. That’s why people are calling the local chief judge “Boss Hogg,” the unethical commissioner of Hazzard County. Subpoenaed Judge’s Records Boss Hogg was a fictional television character, but Judge Brenda Weaver is the real deal....

Judge Robert Nalley, the judge who pleaded guilty to civil rights violations after ordering the shocking of a non-violent defendant was sentenced to a year of probation and anger management classes. The incident took place in 2014 when Robert Nalley, then sitting judge, asked the defendant during voir dire if he had any questions for the prospective jury. The defendant refused to answer the judge’s questions and instead attempted to read from a prepared statement....

Though there have been reports that some firms have hired their entire 2010 summer associate classes, the Bureau of Labor Statistics’ June employment report tells a tale of legal jobs that continue to disappear. The month of June saw the legal services industry’s biggest loss this year, shedding another 2,600 jobs according to the report. And though there was some glimmer of hope in May, even those semi-positive numbers have been revised to subtract another 500 jobs from the profession....

We’ve all been there. One day you’re casually browsing through your smartphone’s hook-up app, looking for the next love of your life. The next you’re being arrested for a “three party sexual liaison” with a minor. Who should be responsible? According to William Sapanaro of New Jersey, the app should bear at least some blame. After being arrested for engaging in an app-assisted sexual encounter with a 13-year-old boy, Sapanaro sued Grindr, the hook-up app, for negligence in allowing the minor to utilize the app....

In a decision that is sure to have family law commentators murmuring for years, a California Superior Court Judge has ruled that a woman must abide by an agreement she made with her ex-husband years before: her frozen embryos must be “thawed and discarded.” Judge Anne-Christine Massullo was clearly not pleased with her own decision, but nonetheless applied California law objectively. “It’s a disturbing consequence of modern biological technology that the fate of a nascent human life … must be determined in a court by reference to cold legal principles,” she lamented....

Genetically modified seeds are big business for Monsanto, and the Federal Circuit Court of Appeals ruled this week that the genetically modified foods giant can enforce its seed patents against farmers planting the progeny of those seeds. Monsanto invented and developed technology for genetically modified Roundup Ready® soybeans that exhibit resistance to glyphosate based herbicides, such as Monsanto’s Roundup® product. Patents cover different aspects of this Roundup Ready® technology. Monsanto’s licensed producers sell Roundup Ready® seeds to growers for planting....

Kim Pearson, a real estate attorney, opened a hot dog stand because he wanted to do something different on the side. Forty years and tons of hot dogs later, he’s more famous for his Law Dogs than his lawyering. Los Angeles news stations, and even the Walt Disney Company, took note of Pearson’s hot dog business. Pearson said he sold Disney the rights to his story for a sitcom, but the company declined his request to cast Robert Redford to play his part....

While online dating as we know it has been around for nearly 15 years now, the concern of being robbed of your money, or kidneys, or just getting murdered on a first date with an internet stranger still has not faded. On the assumption that individuals with a criminal record are more likely to be dangerous dates, a new app is promising to help online daters stay safe by weeding out members with a criminal record, or those on a sex offender registry....

Just in time for your hay fever, fireworks injuries, and debilitating sunburns, expanded sick leave rights are coming to California workers. Starting the first of July, the Healthy Workplace Healthy Family Act will give California workers access to paid sick leave if they work over 30 days a year. The bill allows employees to earn at least one hour of paid leave for every 30 hours worked. The new law is expected to expand paid sick leave to millions of workers who previously had little access to leave or no paid sick leave at all....

People are crazy about the movie “Star Wars.” They will wait in line weeks to get a ticket to the premiere of a new franchise release and cry when they finally see it on screen. True devotees are many and they are committed like few other super fans. The Star Wars frenzy is reaching new heights with the recent opening of “The Force Awakens,” and geeks everywhere are competing to show they’re the most into the movie....

A little over a year ago, the California Supreme Court made a decision that could affect one of the biggest cases of this generation: Hollingsworth v. Perry. It wasn’t the court’s first time to consider California Proposition 8. In 2009, the court upheld the Prop 8 ban on same-sex marriages, but ruled that couples who married before voters approved the initiative would remain married. In 2011, however, the court was considering a different issue: Whether Prop 8 proponents had standing to defend the law in federal court....