Courts, Rulings & Lawsuits | |
Attorney general slams Beverly Hills for ‘illegally interfering’ with abortion clinic
Beverly Hills officials delayed permit approvals and pressured the landlord to prevent an abortion clinic from opening in the city last year, violating state constitutional protections for reproductive rights, according to an investigation by the California Department of Justice.
CalMatters
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UCLA allowed to use baseball field after striking deal in VA land use dispute
A federal judge allowed UCLA to reenter Jackie Robinson Stadium on Tuesday after it agreed to pay the Department of Veterans Affairs hundreds of thousands of dollars. In September, U.S. District Judge David O. Carter ordered the university to close and padlock the stadium until the administration devised a plan for how the field could benefit military veterans.
KCAL News
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Federal appeals court slaps down Huntington Beach’s anti housing lawsuit
Huntington Beach lost its primary lawsuit against California’s housing mandates in federal appeals court today after the Ninth Circuit Court issued a ruling that they didn’t have the power to sue the state. The lawsuit has been ongoing since March 9, 2023, when city council members and Gov. Gavin Newsom announced competing lawsuits against one another on the same day, debating whether or not the city needed to have a state approved housing development plan.
Voice of OC
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Google judge tells feds to narrow AI document request in antitrust remedy phase
In the government's antitrust case against Google, federal judge on Thursday suggested he's open to letting the Justice Department to seek information about the tech giant's use of of generative AI in internet search - with a caveat. U.S. District Judge Amit Mehta said the government needs to narrow its artificial intelligence requests so as not to overburden Google and potentially delay the yet-to-be-scheduled remedy trial, though he agreed that the new technology warrants further document production.
Courthouse News Service
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Hollywood studios use free speech law to beat idea theft suits
Hollywood giants accused of stealing ideas from writers often play a powerful free speech card to freeze lawsuits in a way attorneys say has severely tilted the scales against creatives in California. That card is an anti-SLAPP motion under the state’s law against “strategic lawsuits against public participation.” It pauses lawsuits that implicate free speech and forces plaintiffs to show they can win the case near the outset.
Bloomberg Law
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LAPD commander wins suit against lower ranking officers
A Los Angeles police commander named in a lawsuit filed by the union representing LAPD lieutenants and lower ranking officers won a round in court when a judge ruled against the union’s request to temporarily lift the automatic stay on discovery automatically implemented by one of the commander’s two dismissal motions.
MyNewsLA
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Meta can’t dodge schools’ negligence claims over student addiction to Facebook, Instagram
Meta must face at least some of the claims by school districts that the company is liable for children's purported addiction to its Facebook and Instagram social media platforms, a federal judge said Thursday. U.S. District Judge Yvonne Gonzalez Rogers, following her previous rulings in the consolidated lawsuits accusing social media companies of deliberately making their platforms addictive to minors, denied Meta's bid to throw out the negligence claims by school districts but said Section 230 of the Communications Decency Act limits the extent to which the company can be held liable.
Courthouse News Service
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Ninth Circuit affirms seven-year sentence for ex-professor who exported chips to China
The Ninth U.S. Circuit Court of Appeals on Friday affirmed the seven-year prison sentence of a former UCLA electrical engineering adjunct professor relating to his exporting of military-grade semiconductor chips without a license to China in collaboration with a Chinese enterprise that develops weapons. At issue was whether a sentencing enhancement applicable when “national security controls were evaded” is implicated by the defendant’s behavior.
Metropolitan News-Enterprise
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Ninth Circuit court unanimously says California cannot exclude Jewish children with disabilities from federal funding
A federal appeals court ruled 3-0 today that California is violating the law by discriminating against religious parents and schools in its special-education programs. In an opinion authored by Judge Kim Wardlaw and joined by Judge Morgan Christen and Judge Mark Bennett, the court held that “we easily conclude that the nonsectarian requirement fails the neutrality test” required by the Constitution.
Becket Law Press Release
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Superior Court lacked jurisdiction to add new terms of probation
The shifting of the obligation of a felon to report to the probation department in San Bernardino County, where he lived, rather than the agency in Riverside, where he pled guilty to inflicting corporal injury resulting in a traumatic condition, was not a changed circumstances that would vest jurisdiction in the San Bernardino Superior Court to change the terms of probation, Div. Two of the Fourth District Court of Appeal has held.
Metropolitan News-Enterprise
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Gun owners' challenge to D.C. magazine limit fails on appeal
Washington, D.C.'s ban on extra-large-capacity magazines is likely constitutional and can remain in place for now, a divided D.C. Circuit said Tuesday. D.C. gun owners wishing to possess magazines holding more than 10 rounds didn’t persuade the US Court of Appeals for the D.C. Circuit that the District’s prohibition on such magazines falls short of US Supreme Court standards.
Bloomberg Law
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Grammy winner Lil Durk charged in murder-for-hire plot near Beverly Center mall
Grammy Award-winning rapper Lil Durk was arrested by U.S. marshals in Florida on Thursday on charges of conspiring to kill a rival artist in a murder-for-hire plot, authorities said. The 32-year-old rapper, whose legal name is Durk Devontay Banks, was arrested near the Miami airport and booked at the Broward County Jail, where he is being held without bail, according to federal officials.
Los Angeles Times
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Menendez brothers case sent to Van Nuys courthouse for resentencing request
The request by Los Angeles County prosecutors to reduce the prison sentences for brothers Erik and Lyle Menendez, who are serving life-without-parole terms for murdering their parents with shotgun blasts in 1989 inside the family's Beverly Hills home, will be heard at the Van Nuys Courthouse. The case was transferred to Van Nuys Friday by the presiding judge of the court's criminal division, and transferred again Monday morning to Superior Court Judge Michael Jesic without the case being heard in open court.
NBC4
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DA George Gascón meddling in Menendez bros case blasted as a political stunt, desperate attempt to stay in office: sources
Ultra-liberal Los Angeles District Attorney George Gascón’s decision to help free the Menedez brothers has contributed to serious uproar in his office. Colleagues claim the move is self-serving, with him interfering in a huge case to raise his profile as he battles to hang on to his position in a November election. “In the office there’s no support for Gascón,” a knowledgeable DA’s office source told The Post.
New York Post
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Menendez brothers receive support for clemency from Los Angeles County DA George Gascón
Lyle and Erik Menendez, who have spent more than 30 years behind bars for the 1989 murder of their parents, have received support from Los Angeles County District Attorney George Gascón in their bid for clemency. On Monday, attorneys for the brothers submitted a request for clemency to California Gov. Gavin Newsom. If it were approved by Newsom, it could result in their immediate release.
CBS News
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Terrorism, hate crime charges added in weekend shooting of Jewish man after cops crack suspect's phone
Officials on Thursday announced the addition of hate crime and terrorism charges against the man accused of shooting a Jewish man in West Rogers Park over the weekend. Citing evidence uncovered on the suspect’s phone, Chicago Police Supt. Larry Snelling praised detectives who “worked their fingers to the bone to determine a motive” so the charges could be filed.
CWB Chicago
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DA investigating Central Basin water district after complaints by board members
The Los Angeles County District Attorney’s Office is investigating Central Basin Municipal Water District and has ordered the agency to turn over recordings and meeting minutes from a four-year period in which the district was led by controversial General Manager Alex Rojas, according to a letter sent to the district.
Los Angeles Daily News
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District attorney in Calif. wants charges dismissed against fired corrections office
Orange County prosecutors will ask a judge next week to dismiss felony charges against a fired Santa Ana Jail officer accused of doctoring computer logs after an inmate died by suicide on his watch. New evidence from a review of the case and an interview of the accused jailer has prompted the district attorney’s office to conclude it can no longer meet its burden of proof.
Orange County Register
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George Gascon’s lame debate performance reflects his tenure as LA’s district attorney
Soros-funded prosecutor George Gascon recently debated his challenger for reelection as Los Angeles County district attorney. Gascon’s onstage performance was a perfect reflection of his failure as the head of the nation’s largest DA office: It was abysmal. Former federal prosecutor Nathan Hochman has led Gascon in the polls by 25 percentage points since August, so it’s not surprising that many Angelinos have had enough of Gascon’s pro-criminal, anti-victim, cop-hating policies and rhetoric.
The Daily Signal
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LA’s District Attorney competition offers voters distinct visions of justice
This fall election presents LA County residents with a choice to make about LA’s criminal justice system. Two candidates - the incumbent George Gascón, and his challenger Nathan Hochman - are jockeying to serve the next four years as Los Angeles County’s District Attorney. LA’s DA office oversees one of the single largest jurisdictions of any local elected office in the country.
Los Angeles Public Press
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There’s a 2024 angle to Menendez brothers saga
Los Angeles County District Attorney George Gascon is the sort of progressive prosecutor who thinks it is his job to curb mass incarceration. Last week, the L.A. D.A. announced he is reviewing the sentencing of Lyle and Erik Menendez, who were convicted for the savage shotgun killing of their parents in 1989 and sentenced to life without parole. The brothers are the subject of a Netflix series, "Monsters: The Lyle and Erik Menendez Story," and a Netflix documentary, "The Menendez Brothers."
Daily Herald
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Gascón’s harassment, discrimination, and vindictiveness is costing taxpayers hundreds of million$
George Gascón has fostered a toxic and hostile work environment at the Los Angeles County District Attorney’s Office from the moment he stepped into his role. Before even meeting the prosecutors charged with upholding the law, he labeled those who might not align with his every decision as “internal terrorists.” This reckless disregard for collaboration and respect has poisoned the office for nearly four years, demoralizing those who have dedicated their lives to protecting the people of Los Angeles County.
California Globe
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"Is city council candidate Ysabel Jurado violating these California laws?”
Now it appears that even Ysabel Jurado, a first-time candidate who is challenging incumbent Councilmember de León for that City Hall office on Election Day next week, isn’t following the rules. According to her State Bar of California, LinkedIn and city Ethics pages, Jurado is presently employed by Gundzik Gundzik Heeger LLP, a boutique law firm in Sherman Oaks. The problem is that neither the law firm’s telephone directory nor its website presently lists her as one of its attorneys.
Daniel Guss
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C.A. revives lawyer’s suit over mental-health detention
A former Long Beach attorney may proceed with his lawsuit against a man who, while a Los Angeles County sheriff’s deputy, participated in having him placed on a 72-hour mental-health hold, Div. One of this district’s Court of Appeal has declared, saying that it is sufficiently pled in the operative complaint that the plaintiff’s alleged death threat against a judge and utterances about killing himself were too stale to support the incarceration.
Metropolitan News-Enterprise
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Erik and Lyle Menendez are a step closer to leaving prison, but freedom won't come quickly
Erik and Lyle Menendez still have a long way to go before they can walk out of prison, even though the Los Angeles County district attorney has recommended their life-without-parole sentences be thrown out and the brothers be resentenced and immediately eligible for parole. The brothers, convicted in the 1989 killings of their parents at the family's Beverly Hills mansion, will need to get a judge to go along with the recommendation Los Angeles District Attorney George Gascón made Thursday and then a parole board must approve their release.
AP
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Judge halts expulsion of 5th grader over rap lyrics, squirt gun emoji until trial
A judge has ruled that an elite Mulholland Drive private school must reverse the expulsion of a 5th grade student over emails sent to a peer containing rap lyrics and the squirt gun emoji until the case can be heard at trial. On Oct. 17, the parents of the expelled student filed a lawsuit against the Curtis School and Head of School Meera Ratnesar, alleging that the expulsion was “arbitrary and capricious” and that the school provided no evidence of a policy being violated or of the classmate feeling threatened.
Los Angeles Times
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California judge accused of killing his wife is released on $2 million bail
A California judge charged with killing his wife has been released from jail on $2 million bail. Orange County Superior Court Judge Jeffrey Ferguson was released Friday from the custody of the Los Angeles County Sheriff's Department, online jail records show. Ferguson, 74, was taken back into custody last month after the judge overseeing his case determined that he lied about drinking alcohol while he was out on bail.
AP
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L.A. hit by looting and chaos amid Dodgers World Series celebrations
A bus was set on fire, shops were looted and fireworks were thrown at police in scenes of lawlessness and "absolute chaos" in downtown Los Angeles following the Dodgers' World Series win over the New York Yankees on Wednesday night. Los Angeles police said at 10:43 p.m. (1:43 a.m. ET Thursday) on X that there were reports of several stores being looted on Broadway and 8th Street.
NBC News
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Surrounded by violence, drug dealing and overdoses, workers at this L.A. restaurant struggle to hang on
In one sense, the Yoshinoya Japanese Kitchen across the street from MacArthur Park couldn’t be in a better location. Thousands of potential customers stream by each day on foot, headed to and from work, home, shopping, school and the Metro station. In another sense, it couldn’t be in a worse location.
Los Angeles Times
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Family members of fallen LAPD officers call Ysabel Jurado's, 'F- the police' remark 'slap in face'
Family members of fallen LAPD officers gathered Sunday to condemn the actions of city council candidate Ysabel Jurado, who was recently heard saying "F- the police" at a meeting. Leaked audio captured Jurado, who is running against incumbent Kevin de León for the District 14 seat, quoting the lyrics to the song "F- Tha Police" by West Coast hip-hop group N.W.A. at a meeting with students at Cal State L.A.
ABC7
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Langer's Deli: A legacy of flavor and community
Langer’s Deli, a beloved culinary landmark in Los Angeles for nearly 80 years, is renowned for its iconic No. 19 hot pastrami sandwich on rye. At first, the deli catered to the waves of Jewish immigrants in the MacArthur Park area. But over the years, Langer’s has adapted to the changing neighborhood scenery, always drawing in an eclectic crowd eager to try what some say is the world’s greatest sandwich.
Spectrum News1
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No systemic corruption found in LA contracting system
An audit of Los Angeles County contracting processes - requested after former Supervisor Mark Ridley-Thomas' indictment on fraud and bribery charges - found no systemic pattern of corruption in the system, but auditors offered a series of recommendations for improving operations and oversight, according to a report presented Tuesday.
City News Service
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L.A. County wants to crack down on corruption. Is it worth up to $21 million?
As local government careens from one corruption scandal to the next, the city and county of Los Angeles each charged forward this election season with ballot measures to try to crack down on unethical behavior by public officials. The city wants to bolster its nearly 35-year-old ethics commission with Charter Amendment ER, which would give the watchdog body a minimum yearly budget of $7 million.
Los Angeles Times
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Los Angeles County files lawsuit against Coca-Cola and Pepsi over plastic pollution
Los Angeles County announced Wednesday that it filed a lawsuit against PepsiCo and Coca-Cola for allegedly deceiving the public about the recyclability and environmental impact of their plastic bottles. This lawsuit also accuses the companies of failing to disclose significant environmental and health harms associated with plastic containers.
KTLA
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South American crew used signal jammers, blowtorches and disguises on California crime tour, feds say
They arrived in construction vests and surgical masks, armed with signal jammers, sledgehammers and blowtorches. The bank heist crew, made up of mainly Chilean nationals, hit multiple banks across California, according to federal prosecutors, and made off with $2.5 million. In Fresno, the crew hit a Wells Fargo in May and used tools to get inside an ATM vault through an adjacent unit and made off with more than $80,000 in cash.
Los Angeles Times
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Jewelry thief suspects arrested after ‘follow away’ crimes in Woodland Hills area
A trio of robbery suspects was taken into custody following a series of violent and confrontational attacks in the Woodland Hills area, the Los Angeles Police Department announced Tuesday. Detectives identified 28-year-old Chazon Brown of Los Angeles, 32-year-old Isaiah Moore of Fresno, and 19-year-old Nhazel Warren of Los Angeles as responsible for a series of crimes known as “follow away” robberies.
Los Angeles Times
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Los Angeles County jail inmates taken to hospital after possible exposure to unknown substance, authorities say
Seven Los Angeles County jail inmates were hospitalized after being exposed to an unknown substance at Men's Central Jail, an incident sheriff's officials have now described as a suspected overdose that led to several deputies also being medically evaluated. First responders were called to the jail, located at 441 E. Bauchet St. in Chinatown, at 6:49 a.m. for a call about the inmates possibly inhaling or being exposed to a substance which authorities have not yet formally identified, according to the LA Fire Department.
KCAL News
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San Francisco police celebrate crime-fighting efforts utilizing drone technology
The San Francisco Police Department showed off the latest successes of their drone program Monday with a presentation that included audience members from San Jose. In one video clip, a suspect was seen breaking into a car as police watched live through a drone above, coordinating with officers on the ground to make an arrest.
CBS News Bay Area
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California auditor suggests new law to address drug, alcohol treatment centers in neighborhoods
The California auditor’s office in a Thursday report said the Legislature might want to examine changing the law for small drug and alcohol treatment facilities, as local zoning ordinances can’t restrict them. The audit, requested by the Joint Legislative Audit Committee, examined the state Department of Health Care Services’ oversight of these residential treatment facilities.
Courthouse News Service
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UCLA anti-Semitism task force publishes discrimination report, finds students were subject to ‘blatant antisemitism’
A recent report from the University of California, Los Angeles anti-Semitism task force found that Jewish students were subject to significant discrimination during the previous academic year. The report, dated October 16, states that school administration failed to stop many overtly anti-Semitic incidents despite criticizing such actions, the Wall Street Journal reported.
Campus Reform
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Catholic hospital to provide emergency abortions after California attorney general sues
A Catholic hospital in Northern California will now provide emergency abortion care to its patients following a lawsuit by California Attorney General Rob Bonta. Bonta's office announced Tuesday that it has secured a stipulation from the defendant Providence St. Joseph Hospital ensuring it complies with state law while the case proceeds.
Courthouse News Service
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San Francisco courtroom clerks strike, claiming unfair labor practices
San Francisco Superior Court clerks launched a strike Thursday after negotiations broke down with their management amid accusations of chronic understaffing and lack of training in the workplace. The strike, which included roughly 200 workers from both criminal and civil divisions, could halt trials and delay hearings in the city on everything from felonies to traffic violations if an agreement is not reached between union representatives and the court's upper management.
Courthouse News Service
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Lithium-ion batteries causing fires, dangers on California freeways, sparking calls for safety improvements
For more than two days, a vital shipping passageway in the Port of L.A. was shut down, and the cause was surprising to some. A big rig overturned, sparking a fierce lithium-ion battery blaze that spewed toxic gases, snarled port traffic and resulted in what one official said was massive economic losses from delayed shipments. The incident focused new attention, and fears, on the fuel cells helping drive the state’s clean energy transition.
Los Angeles Times
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Convictions/Pleas/Sentences | |
Rodney King lawyer Milton Grimes pleads guilty to tax evasion
A longtime Los Angeles lawyer who represented the late Rodney King in the wake of his notorious 1991 beating by LA police officers pleaded guilty Tuesday to evading payment of more than $4 million in federal income taxes over two decades. Milton Grimes, 79, pleaded guilty to one count of tax evasion, admitting that in 2014 he failed to pay $1.7 million to the IRS, according to a statement from the U.S. attorney's office in LA.
Courthouse News Service
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Paul Pelosi hammer attacker gets life in prison without parole
David DePape, who was convicted of breaking into former House Speaker Nancy Pelosi’s home and fracturing her husband's skull with a hammer, was sentenced Tuesday in San Francisco state court to life in prison without the possibility of parole. DePape broke into the home in October 2022 looking for Nancy Pelosi, whom he believed had lied and slandered former President Donald Trump.
Courthouse News Service
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Two found guilty of robbing off-duty Secret Service agent at gunpoint after Joe Biden fundraiser
Two men have been convicted of robbing an off-duty Secret Service agent at gunpoint after the agent had finished working at a Los Angeles fundraiser that President Joe Biden attended, prosecutors said Monday. The robbery happened on June 15 after the agent, who was not identified, had attended the star-studded campaign fundraiser in Los Angeles, before Biden dropped out of the race to be Democratic presidential nominee in this year's election.
NBC News
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$2 million settlement for pickle-eaters gets final approval
The $2 million pickle settlement has received approval from a Chicago federal judge. On Sept. 25, Judge Lindsay Jenkins held a final fairness hearing in a lawsuit against Arkk Food Company, which was accused of marketing Wahlburgers dill spears and chips as all natural despite containing the preservative sodium benzoate. She approved all aspects of the settlement, including $750,000 for Kevin Laukaitis of The Laukaitis Law Firm and the firm Reese LLP.
Legal Newsline
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Justices let federal horse racing law sprint on as legal battle continues
A federal horse racing integrity law can stay on the books for now, the Supreme Court said Monday. The conservative Fifth Circuit Court of Appeals ruled the Horseracing and Integrity and Safety Act unconstitutional, throwing out rules and regulations governing 67,000 horses and 35,000 athletes. Warning of a broad disruption to the industry that threatened athletes and their animals, the watchdog authority enforcing the law asked the Supreme Court to step in.
Courthouse News Service
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Automatic flight refund rule now in effect for U.S. airlines
U.S. airlines are now required to give passengers an automatic refund for canceled or significantly delayed flights and for services that were paid for if they were not provided, such as Wi-Fi or entertainment. “Passengers deserve to get their money back when an airline owes them - without headaches or haggling. Today, our automatic refund rule goes into full effect. Airlines are required to provide prompt cash refunds without passengers having to ask,” Transportation Secretary Pete Buttigieg said in a post on the social platform X on Monday.
The Hill
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42 years of experience qualified man as expert witness
Div. Three of the Court of Appeal - in essence endorsing the axiom, commonly attributed to Julius Caesar, that “experience is the best teacher” - held in an opinion certified for publication yesterday that a person with hands-on experience can be qualified to render expert testimony though lacking formal training in the relevant field. The opinion, initially filed Sept. 30 and not certified for publication at the time, was authored by Los Angeles Superior Court Judge Nicole Bershon, sitting on assignment.
Metropolitan News-Enterprise
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Ninth Circuit refuses to enforce Ticketmaster’s mass arbitration procedures notwithstanding the Federal Arbitration Act
We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the bellwether procedures for mass arbitration claims set forth in the company’s arbitration clause. That decision has now been affirmed by the Ninth Circuit Court of Appeals.
Ballard Spahr LLP
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