Posts by ADLI Law Group
Anti-SLAPP: When State and Federal Rules Collide
The degree to which California’s anti-SLAPP provisions conflict with the Federal Rules of Civil Procedure is an issue that has been hotly disputed since California Code of Civil Procedure § 425.16 was enacted in 1992. Recently, the Ninth Circuit held that when California’s anti-SLAPP statute is utilized in federal court, the court will review the…
Read MoreWhen Court Powers Supersede the Will of the Parties
On May 18, 2018, the Ninth Circuit affirmed a district court’s grant of summary judgment on an issue raised sua sponte by the court, despite the fact that the parties had negotiated and agreed that the defendant would not seek summary judgment on the issue. On December 22, 2011, the plaintiff in the case on…
Read MoreSubsidized Free Speech
A group of California grape growers/shippers brought an action in the County of Fresno against the California Table Grape Commission, contending that the Commission’s collection of assessments under the Ketchum Act (Food & Agr. Code § 65500 et seq.) to subsidize promotional speech on behalf of all California table grapes violates the growers’ right to…
Read MoreBird Law and the Fourth Amendment
Fictional character Charlie Kelly once said “bird law in this country – it’s not governed by reason.” In an opinion filed May 1, 2018, the Ninth Circuit disagrees, holding that the Fourth Amendment may protect an individual from having his apparently healthy birds seized by the city without a warrant. In Martino Recchia v City…
Read MoreYour Start-Up Will Stall If It Doesn’t Own Its IP
As I’ve emphasized in other writings, the single most important asset of any business is its intellectual property (“IP”). Sure, good management is very important, but executives and other managers can (and do) come and go. A start-up’s IP, like a diamond, should be forever (or at least until it’s sold or tra nsferred). Among…
Read MoreThe Dueling Banjos: Two Recent Supreme Court Solos Echo Through California Employment Law
The courts in the United States often zig and zag in different ways, as some judges lean one way or another. The result is like dueling banjos, with melodies resonating for years as employment lawyers in Los Angeles pick up their own instruments to mimic the rhythm to their own case. Two employment law “solos”…
Read MoreAre Independent Contractors Employees?
Whether a worker is categorized as an “employee” or an “independent contractor” has far-reaching implications. Among other things, a business must comply with numerous state and federal statues and regulations governing wages, hours, and working conditions when it comes to employees, but do not face such requirements for independent contractors. This often results in an…
Read MoreRetention of Clients After Law Firm Breakup
When a couple breaks up, they face the daunting task of dividing up their mutual assets. When a law firm breaks up, the division of tangible assets is relatively more straightforward, but who gets the profits from matters still pending? The Supreme Court of California weighed in on that question in a March 3, 2018…
Read MoreAre Colleges Obligated to Protect Their Students from Harm?
Does a college or university owe a special duty of care to protect its students from each other? It’s possible that they do, according to a recent opinion coming from the Supreme Court of California in Regents of the University of California v. Superior Court of Los Angeles County (Katherine Rosen). In its opinion, the…
Read MoreToo Late For an Anti-SLAPP?
Alyssa Dillard’s article, “Too late for an anti-SLAPP?” published in the January 2019 issue of Plaintiff’s Magazine discusses the limiting language of the popular statute, including a review of recent case law limiting the usage of the anti-SLAPP provision when utilized in amended complaints. To read the article, click here.
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