As wearable tech like smartwatches and fitness trackers collect mountains of personal health data, personal injury litigation is moving into new, digital territory. In lawsuits where health or activity levels are key issues, data from a plaintiff’s or defendant’s device could make or break a case. But courts
In New England Country Foods v. VanLaw Food Products, the California Supreme Court answered a certified question from the Ninth Circuit, holding that contract clauses limiting liability for intentionally inflicted harm are invalid under Civil Code §1668. After VanLaw allegedly poached Trader Joe's as a client by cloning
In a clear endorsement of the hot-pursuit exception, the Ninth Circuit upheld summary judgment in favor of San Bernardino County deputies who entered a private home without a warrant while chasing a fleeing felony suspect. The court found that deputies had probable cause to believe the suspect—who had evaded
In Monsalvo Velázquez v. Garland, the Supreme Court reversed the Tenth Circuit and clarified a deceptively simple question: What happens when a statutory deadline falls on a weekend? The Court held that under 8 U.S.C. §1229c(b)(2), a voluntary departure deadline that lands on a Saturday, Sunday,
In People v. Hinojos, the Second Appellate District upheld a trial court’s decision to block a defense peremptory challenge under California Code of Civil Procedure §231.7, California’s expansion of Batson-style protections. Defense counsel had attempted to strike Juror No. 10, who appeared White or Hispanic, citing a
In Odom v. Los Angeles Community College District, the Second Appellate District reversed a $10 million jury verdict and remanded for a new trial after finding the trial court's evidentiary rulings were arbitrary, prejudicial, and unmoored from the Evidence Code. The trial judge admitted inflammatory “me-too” testimony from
In a major blow to forced arbitration tactics, the Ninth Circuit affirmed that JustAnswer LLC couldn’t compel users to arbitrate claims because its Terms of Service weren’t clearly presented. Plaintiffs, who thought they were paying a one-time fee for expert Q&As, were unknowingly enrolled in recurring
Panel vacates lower court's dismissal of parent complaint regarding school district preferred pronoun policy, alleging substantive and procedural due process violationsThe Ninth Circuit vacated the dismissal of a lawsuit brought by Aurora Regino, who claimed that a California school district violated her due process rights by not informing
Financial advisory firm owes no duty to non-customers to warn of third party's fraudulent conduct.The Fourth Appellate District affirmed summary judgment for Lifetime Financial, Inc., holding the firm had no legal duty to warn non-customers about an imposter posing as one of its advisors. Mark Harding lost
Conviction and sentencing for being a felon in possession of firearm and ammunition upheld.Robert Hamilton was convicted of being a felon in possession of a firearm and sentenced to 27 months in prison after police linked him to a shooting and found a gun, drugs, and cash on him
Venue for challenges to detention and removal under AEA lies only in district of confinementThe U.S. Supreme Court vacated orders from the D.C. District Court that had blocked the removal of Venezuelan nationals under a presidential proclamation issued via the Alien Enemies Act (AEA). The proclamation targets members
Video Privacy Protection Act does not apply to in-theater movie experience. The court affirmed the dismissal of a class-action lawsuit against Landmark Theatres, holding that the Video Privacy Protection Act (VPPA) does not apply to in-theater movie experiences. Plaintiff Paul Osheske alleged Landmark violated the VPPA by sharing his movie