First Amendment - Anti-SLAPP - California Constitution - grpub.net

First Amendment

Statute Of Limitations - September 21, 2019 - Mark S. Humphreys
Here is a case where the statute of limitations defense by the insurer did not work.  The case is from the Southern District of Texas, Houston Division.  It is styled, Arcelia Flores, et al v. Allstate Texas Lloyds. Allstate filed a Motion for Summary Judgement based on the statute of limitations having expired before the lawsuit was filed. The lawsuit filed by Flores arises out of alleged storm damage that occurred in August 2015.  The claim was filed on January 25, 2016.  Allstate evaluated the claim and sent a denial letter to Flores on January 28, 2016.  Flores filed this lawsuit on August 16, 2017.  Flores elected to effectuate service privately but did not serve Allstate with the summons and citation.  On February 8, 2018, Flores filed an amended petition and then on February 12, 2018, Allstate was served for the first time with the amended petition.  Allstate filed its answer to the first amended petition on November 26,…
The U.S. Supreme Court may decide as early as next month if it will consider whether La Plata High School violated a Christian student’s constitutional First Amendment rights to freedom of religion and speech by providing lessons in Islam as part of a required world history class during the 2014-2015 school year. The student’s attorney ...
[Waterfowl production, Officer Outlaw, and all-white juries.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Two businessmen suspected of but not charged with illegal gambling say that Fresno, Calif. police seized $225k in cash and rare coins while executing a search warrant—and that the loot never made it to the evidence room. Does this kind of allegation give rise to a Section 1983 claim? Curiously, the Ninth Circuit recently said no. IJ and seven other nonprofits have thus signed on to an amicus brief urging the court to reconsider en banc. IJ's Nick Sibilla has more over at Forbes.com. After the NYPD arrested Luis Hernandez for public lewdness, a Department of Homeland Security officer (named, truly, "Outlaw") issued an immigration detainer against him. Whoops! Mr. Hernandez is a U.S. citizen born in Brooklyn. DHS was looking for Honduran citizen Luis Enrique Hernandez-Martinez. False imprisonment…
Friday Job Announcements - September 20, 2019 - Neoshia Roemer
Please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Thank you! Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to [email protected]: In the email body, a typed brief description of the position which includes position title, location (city, state), main duties, and closing date; An attached PDF job announcement. Please send all job announcements in this requested format. Navajo Nation  Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.navajocourts.org/vacancies. This position is open until filled. Staff Attorney, Aneth Judicial District, Aneth, UT.…
David Goldberger, ’67: First Amendment Scholar and Litigator Focuses on Fairness willcanderson Fri, 09/20/2019 - 12:20 Read more about David Goldberger, ’67: First Amendment Scholar and Litigator Focuses on Fairness Jerry de Jaager
Tulane Law is thrilled to announce that we are hiring for a director and professor of practice to lead a soon to be established First Amendment Clinic. The Stanton Foundation, created by a longtime president of CBS News, has committed nearly $1 million to cover the full operating costs of the new clinic. To learn more about our plans, please read recent news about this initiative. To apply, please submit materials here: https://apply.interfolio.com/68076. The description of the position and qualifications are listed below. Tulane Law also is hiring for a director and professor of practice for a newly established Immigrants’ Rights Clinic, and applicants for that position can apply here: https://apply.interfolio.com/63659, and read more about the position at the end of this email.   Director of Tulane Law First Amendment Clinic & Professor of Practice Tulane Law School seeks highly qualified applicants for a full-time position as Professor of the…

Anti-SLAPP

It doesn't seem like a school principal -- any principal, and perhaps especially the principal of a Catholic elementary school -- should be saying things like this:"As examples of making inappropriate comments and creating a hostile work environment, the letter stated Hicks "recently made the following statements in the presence of female faculty members at the School, and in some instances, either in front of children or toward children: 'she's like a dog;' 'nice legs;' 'look at her hips;' 'I don't give a shit;' 'he looks like [a] pervert (directed at an elementary student);' 'you are too fat to be a model (directed at a middle school girl),' and 'it is a shame you are having a girl (stated twice, directed at a pregnant staff member, and stated in the presence of female School employees).'" The letter also stated Hicks had commented on a female teacher's breast size in…
ADA and FHA Quick Hits – hodgepodge edition. - September 13, 2019 - Richard Hunt
A hodgepodge, I just learned, is a not just a word for a confusing mixture, but also the name of a vegetable stew. The FHA and ADA decisions of the last few weeks may not be tasty, but they are varied. I’ve put the FHA case first because it involved an unforced error and illustrates why landlords of all sizes need to be aware of what the FHA permits and denies. FHA disability claims – get it right the first time. In Root v. Salazar, 2019 WL 4040405 (M.D. Fla. Aug. 27, 2019) made a critical mistake. Having in hand a legitimate non-discriminatory reason to refuse to rent he instead made an excuse that probably seemed more legitimate but wasn’t. The legitimate excuse was the tenant’s lack of steady income. The FHA does not require that landlords take financial risks to accommodate disabled tenants. The illegitimate excuse was that the duplex in question did not meet the FHA’s accessibility guidelines. A fundamental principle under the FHA,…
“California Supreme Court Holds Monster Energy Can Pursue Claim Against Attorney for Breach of Confidentiality in Settlement Agreement” — “The California Supreme Court ruled that where an attorney signs a settlement contract under the notation: ‘approved as to form and content,’ and where the terms of the contract repeatedly referenced both the attorney and the parties, it is not unreasonable for a court to find that just like the parties, the attorney is also bound by the terms of the settlement contract. However, the question of whether the attorney intended to be bound by the contract was a question of fact.” “Monster then filed suit against Schechter, alleging he breached the terms of the Agreement by speaking about it publicly. The Agreement had a confidentiality clause…The appellate court reversed, holding that an attorney’s signature under the words: ‘approved as to form and content’ does not…
Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases - September 4, 2019 - Jesse M. Coleman, Kip Brar and Kevin Green
On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens Participation Act (“TCPA”) does not apply to diversity cases in federal court. This decision settles a split manifested across dozens of cases at the district courts. By ruling that the TCPA does not apply to diversity cases in federal court, the Fifth Circuit foreclosed an otherwise potent weapon used by defendants throughout Texas in trade secrets litigation. Because of the TCPA’s extremely broad application, defendants in trade secrets cases, for example, often asserted that claims alleging the misappropriation of trade secrets and related causes of action were based on and related to the defendant’s freedom to speak freely on all topics, including the trade secrets at issue, and its freedom to associate with competitors, and…
CJP hearings winding down - August 28, 2019
Today's DJ has Justice’s misconduct hearing winds down with testimony about his angerAfter 16 days of testimony over the past month, the Commission on Judicial Performance hearing that could lead to Johnson’s removal from the bench adjourned until mid-September to accommodate one last witness, who is out of the country.In the contest for best opening paragraph in an opinion, how's this one from the 11th Circuit:You can’t make this stuff up. We have hair-pulling, wrist-scratching, face-punching, and rock-throwing—all the makings of a good old-fashioned schoolyard scrap. But alas, the combatants in the fracas underlying this Fourth Amendment case were grown-ups—sisters, in fact. Sheesh.And how exceptional is anti-SLAPP law? Well, as this published opinion from 4/2 explains, there are exceptions to the exceptions:An appeal from an order granting or denying an anti-SLAPP motion is an exception to the nonappealability of…
In 2016, the Texas Bar issued an opinion decisively blessing competitive keyword advertising by lawyers. (Note: I define competitive keyword advertising as buying a rival’s name/brand as the trigger for ads without displaying the name/brand in the ad copy). At the time, I predicted that other state bars would fall in line behind the opinion, so eventually the Texas rule would prevail across the nation. That hasn’t turned out exactly as I’d hoped. For example, the Florida Bar had blessed competitive keyword advertising before Texas did, but last year it went through some drama about rolling back the rule–only to regulate, but not ban, competitive keyword advertising. In better news, New Jersey now has apparently joined Texas and fully endorsed competitive keyword advertising (it also endorses the Habush v. Cannon opinion from Wisconsin). In a brief opinion dated June 25, 2019 (ACPE #735), the NJ Advisory Committee on Professional Ethics explains why…

California Constitution

Employee Privacy by Design: Guidance for Employers Beginning to Comply with the California Consumer Privacy Act - September 20, 2019 - Justine Phillips, Jessica Gross and Daniel Masakayan
On September 13, 2019, the California Senate and Assembly unanimously passed an amendment to the California Consumer Privacy Act (“CCPA”) that places onerous obligations on employers and entitles employees to statutory damages for data breaches.  The landmark measure—AB 25—awaits Governor Newsom’s signature (or veto).  Regardless of whether AB 25 is signed into law, CCPA applies to employee data and employers have until January 1, 2020 to comply.  This article explores how the California Consumer Privacy Act impacts existing employee privacy rights and how employers can begin to develop a holistic privacy compliance program. What Businesses Are Covered by the California Consumer Privacy Act? The CCPA covers for-profit “businesses” who meet any one of the following thresholds: Gross annual revenue exceeds $25 million; or Buys, receives, sells, or shares personal information of 50,000 or more consumers, households, or…
The Supreme Court’s October calendar, announced today, is most notable for a case that’s not on it — Patterson v. Padilla, in which the court agreed to hear a challenge to Senate Bill 27, California’s new law seeking to force presidential candidates to disclose their tax returns.  Even though briefing in Patterson is not quite complete yet (see Bob Egelko’s story in today’s San Francisco Chronicle — “Calif. Democrats cite Reagan vetoes to defend law aimed at Trump’s tax returns”), election deadlines make it an unusually urgent matter.  Of course, the Chief Justice could still add Patterson to the calendar this week, or even later on shortened notice. Also, there’s still no hearing in sight for Robinson v. Lewis, a case concerning a question for which the Ninth Circuit has been waiting a long time for an answer. On October 2 and 3, in San Francisco, the court will hear the following cases (with the issue…
California Governor Gavin Newsom on Wednesday signed into law a bill that requires free legal counsel to be appointed to low-income Californians for any level of legal or physical child custody matters, probate conservatorships and housing-related issues including eviction. The new law requires the California Judicial Council to develop and provide grants, which could be donations from public or private entities, for programs in selected courts that provide legal counsel to the poor. Child custody cases would receive the highest priority for funding, regardless of whether one side is represented and the other is not. The program would be funded by a $15 fee increase for various court services, including writs of attachment, mandate, execution, sale, possession, prohibition, or any other writ for the enforcement of any order or judgment, issuance of an abstract of judgment and certificate of a satisfaction of judgment that has been recorded in a court’s register of…
Posted by Cydney Posner, Cooley LLP, on Wednesday, September 4, 2019 Editor's Note: Cydney S. Posner is special counsel at Cooley LLP. This post is based on a Cooley memorandum by Ms. Posner. It was only a matter of time. As reported here on Bloomberg, a conservative activist group has filed a lawsuit, Crest v. Alex Padilla, in California state court on behalf of three California taxpayers seeking to prevent implementation and enforcement of SB 826, California’s Board gender diversity legislation. This appears to be the first litigation filed to challenge the new law. Framed as a “taxpayer suit,” the litigation seeks to enjoin Alex Padilla, the California Secretary of State, from expending taxpayer funds and taxpayer-financed resources to enforce or implement the law, alleging that the law’s mandate is an unconstitutional gender-based quota and violates the California constitution. Even proponents of the law recognized the…
The Supreme Court today agreed to hear on an expedited schedule Patterson v. Padilla, the writ petition challenging Senate Bill 27.  SB 27 is the new law barring presidential candidates from the state’s primary ballot if they do not make public their tax returns from the last 5 years. Unlike other legal attacks, which are pending in federal courts and make federal constitutional arguments, the Patterson petition claims SB 27 violates article II, section 5(c), of the state constitution. The court’s order includes this about the issues: In addition to addressing issues relating to what relief, if any, this court should order, the parties are directed to address (1) the legislative history of Proposition 4 (Ballot Pamp., Primary Elec. (June 6, 1972), analysis of Prop. 4 by Legis. Counsel, pp. 9-10; id., arguments in favor of, and opposing, pp. 10-11; Sen. Const. Amend. No. 3, Stats. 1971 (1971 1st Ex. Sess.) res. ch. 274, p. 4868), as well as related legislation…
Sacramentans for Fair Planning v. City of Sacramento (2019) 2019 Cal.App. LEXIS  646 The City of Sacramento, a charter city, approved a fifteen-story mixed use project in its Midtown area, significantly in excess of its adopted height and FAR standards. This approval was based upon a general plan policy which stated, “The City may allow new development to exceed the maximum allowed FAR or density if it is determined that the project provides a significant community benefit.” When evaluating the project, staff identified many benefits associated with the project which “outweighs strict adherence to the General Plan’s FAR.” These benefits included a high level of design, implementation of the City’s targets for increasing households in its core, location in an infill location reducing reliance on personal vehicles, and lowered carbon emissions. The City conducted CEQA review based upon the sustainable communities environmental…