05/22/2019

News

‘It’s the Human Way’: Corruption Scandals Play Out in Big Cities Across U.S.

A senior aide to a former mayor of Atlanta collapses on a courtroom floor after hearing that she is headed to prison. F.B.I. agents in Los Angeles haul away computers and documents during a raid of a veteran councilman’s office. News cameras trail the most powerful alderman in Chicago as he walks to court to […]

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Commentary: The Supreme Court and the One-Way Regulatory Ratchet

Earlier this month, the Supreme Court heard oral arguments in Merck v. Albrecht. At issue in the case is when the federal regime for regulating pharmaceutical products (principally through the Food and Drug Administration, or FDA) might preempt state regulatory regimes (principally through tort litigation). However the case is resolved, this area of law is […]

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Supreme Court ruling gives truckers a victory and a new weapon in labor war at L.A. ports

A U.S. Supreme Court ruling clearing the way for drivers to sue trucking companies could have a major impact on the labor battle that has raged for years at Southern California’s ports, according to worker advocates. Trucking firms may not block workers from filing class-action lawsuits, even if they consider them to be independent contractors […]

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Developer accuses two construction unions of engaging in racketeering and extortion

A Los Angeles real estate developer has filed a lawsuit accusing two labor unions of violating federal racketeering and antitrust laws as they attempted to block the approval of a mixed-use complex in the San Fernando Valley. The Icon Co., which is seeking to build a $150-million project in Panorama City, said in its lawsuit […]

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California pot taxes lag as illegal market flourishes

Deep in Gov. Gavin Newsom’s new budget is a figure that says a lot about California’s shaky legal marijuana market: The state is expecting a lot less cash from cannabis taxes. The Democrat’s proposed spending plan, released Thursday, projects the state will bank $355 million in marijuana excise taxes by the end of June. That’s […]

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Crime is down in Los Angeles for the first time in five years

For the first time in five years, violent crime was down in Los Angeles in 2018, with the number of homicides on track to be among the lowest in more than 50 years. The data mirror an overall drop in crime this year in the parts of L.A. County patrolled by the Sheriff’s Department, as […]

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Opinion: The Supreme Court May Begin to Tame the Administrative State

If the court overturns Auer, a logical next step would be to reconsider deference for agency interpretations of the statutes that authorize their actions. In Chevron v. Natural Resources Defense Council (1984), the justices directed lower courts to defer to any agency interpretations of laws enacted by Congress, so long as the interpretation is deemed […]

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Frivolous PAGA Lawsuits Don’t Help Workers or Employees

As I learned the hard way, these penalties can add up fast, easily reaching hundreds of thousands of dollars for a small company like ours (and millions for larger businesses). The end result is that employers have to enforce onerous labor regulations that often do not benefit employees, or risk getting sued. For instance, we […]

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Judicial Hellholes 2018-19

The 2018 – 2019 Judicial Hellholes report shines its brightest spotlight on nine jurisdictions, courts or legislatures that have earned reputations as Judicial Hellholes. Some are known for welcoming litigation tourism or as hotbeds for asbestos litigation, and in all of them state leadership seems eager to expand civil liability. A recent study released by […]

Research & Studies
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Lawsuit Seeks to Have Private Attorneys General Act Declared Unconstitutional

On Wednesday, the California Business & Industrial Alliance (CABIA) representing hundreds of employers filed a complaint in Orange County challenging the Private Attorneys General Act’s (PAGA) constitutionality. The opening synopsis of the complaint asks: Are California business owners who inadvertently make a payroll error equivalent to the worst perpetrators of hate crimes? That’s the twisted […]

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Green Floyd: Roger Waters and the Great Green Chevron Scam

The slow unraveling of the case against Chevron has been eye-opening, not least for the glimpse it offers into the way money moves through the progressive activist world.

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PAGA Cost Wal-Mart 65 Million Dollars

If you are not familiar with PAGA, it stands for the Private Attorney General Act, a law referred to as the “sue your boss law”. It was enacted in 2004 and California is the only state in the union that has such a law. When the law was created there was a budget deficit in […]

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Squatters’ takeover of Torrance home illustrates landlord frustrations with state law

In California, squatters can claim legal title to someone else’s property through an arcane legal procedure known as “adverse possession.” The law, enacted in 1872, originally was meant for abandoned rural properties that had gone fallow. In modern times, it’s mostly cited when there is a dispute over property lines. However, squatters can use it […]

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When Will the Madness End?

CEQA strikes again! This time, sponsors of the CEQA litigation plan to take down a model urban development – 242 residential units surrounded by office buildings and retail space in Rancho Peñasquitos in San Diego County. But, the issue of the lawsuit provocateurs isn’t about the affect the development will have on the environment. Not […]

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Business Continued to be Plagued By PAGA Lawsuits

I hear from business owners and managers daily and these lawsuits are life changing experiences and could be compared to the stress of a divorce or the death of a spouse. Most of the stories are the same, their employee teetering on the edge of being fired, and the employer trying to help them. Final […]

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