Keeton v. Tesla - filed June 26, 2024, First District, Div. One

Contracts Code of Civil Procedure §1281.98 is not preempted by the Federal Arbitration Act. Keeton v. Tesla - filed June 26, 2024, First District, Div. One Cite as 2024 S.O.S. 2115 Full text click here >http://sos.metnews.com/sos.cgi?0624//A166690.

Rajaram v. Meta Platforms - filed June 27, 2024

Employment Law 42 U.S.C. § 1981 prohibits discrimination in hiring against United States citizens on the basis of their citizenship. Rajaram v. Meta Platforms - filed June 27, 2024 Cite as 2024 S.O.S. 22-16870 Full text click here >http://sos.metnews.com/sos.cgi?0624//22-16870.

Frayo v. Martin

Health Care Law A worker’s refusal to take and provide the results of a COVID-19 test is not the equivalent to a refusal to sign an authorization under the Confidentiality of Medical Information Act; a worker’s description of his own symptoms is not medical information for purposes of the act. The plain language of Civil Code §56.20(c) limits its application to employers who already have possession of the employee/patient’s CMIA defined medical information. Frayo v. Martin - filed May 29, 2024, publication ordered June 21, 2024, Sixth District Cite as 2024 S.O.S. 2050 http://sos.metnews.com/sos.cgi?0624//H050689

Hardell v. Vanzyl

Civil Procedure A business-related power imbalance does not, without more, establish a sexual harassment claim; where a plaintiff made no allegations that defendant made sexual overtures in California, California did not have specific jurisdiction over defendant. A defendant’s domicile does not necessarily end the inquiry into a court’s general jurisdiction over him. Hardell v. Vanzyl - filed June 20, 2024, First District, Div. Four Cite as 2024 S.O.S. 1978 Full text click here >http://sos.metnews.com/sos.cgi?0624//A168113.

Soltero v. Precise Distribution - filed June 18, 2024, Fourth District, Div. One

Contracts A trial court could not compel a motion for arbitration filed by a party that was not the signatory of the employment agreement containing an arbitration provision between a worker and the temporary staffing agency that had placed the worker with the party as a temporary worker where the worker’s claims do not mention or rely on any provision of her employment agreement. Soltero v. Precise Distribution - filed June 18, 2024, Fourth District, Div. One Cite as 2024 S.O.S. 1940http://sos.metnews.com/sos.cgi?0624//D083308.

Bacon v. Woodward - filed June 18, 2024

Constitutional Law A claim for retrospective and prospective relief from a governor’s order that required state agency employees to be vaccinated against COVID-19 was not rendered moot even though the order was rescinded; strict scrutiny applied to an as-applied free exercise challenge to the order; the order was not narrowly tailored to advance the government’s compelling interest in stemming the spread of COVID-19, and it was fatally underinclusive since it required its own employees to be vaccinated without accommodation while continuing to work with unvaccinated workers from other counties. Bacon v. Woodward - filed June 18, 2024 Cite as 2024 S.O.S. 22-35611 Full text click here >http://sos.metnews.com/sos.cgi?0624//22-35611.

Defries v. Union Pacific Railroad; filed June 14, 2024

Employment Law Where there was ambiguity in whether the definition of a preexisting certified class included individuals with the same disability as plaintiff, this ambiguity should be resolved in favor of allowing plaintiff to rely on the tolling of the statute of limitations for his individual lawsuit pursuant to American Pipe & Construction Co. v. Utah. Defries v. Union Pacific Railroad; filed June 14, 2024 http://sos.metnews.com/sos.cgi?0624//23-35119 Cite as 2024 S.O.S. 23-35119

Daily eBriefs - June 13, 2024

Employment Law When considering the National Labor Relations Board’s request for a preliminary injunction under 29 U.S.C. §10(j), district courts must apply the traditional four factors articulated in Winter v. Natural Resources Defense Council. Starbucks v. McKinney - filed June 13, 2024 Cite as 2024 S.O.S. 23-367 Full text click here >http://sos.metnews.com/sos.cgi?0624//23-367_f3b7.

New York City Office of Administrative Law Judges to Close, Cases Reassigned to Washington, D.C. Office

You are subscribed to Press Releases for National Labor Relations Board. This information has recently been updated, and is now available. New York City Office of Administrative Law Judges to Close, Cases Reassigned to Washington, D.C. Office 06/13/2024 12:09 PM EDT June 13, 2024 The National Labor Relations Board announces that it will be closing its New York City office of Administrative Law Judges, effective July 15, 2024. The office is being closed in light of the retirement of Associate Chief Judge Kenneth W. Chu, who ably led the office since August 2018, as well as the remaining staff’s significantly decreased need for physical office space. The judges and administrative professional currently assigned to the New York City office will continue to process cases arising out of Regional Offices 2-Manattan, 22-Newark, and 29-Brooklyn, though they will be administratively reassigned to the Washington, D.C. office. Upon the closing of the New York City office, the Washington, D.C. office will assume the function of docketing, assigning, and administratively processing cases from Regions 2, 22, and 29. After July 15, 2024, therefore, all case-related correspondence and filings in those cases should be addressed to Chief Administrative Law Judge Robert A. Giannasi and Deputy Chief Administrative Law Judge Arthur Amchan in the Washington office, until such time as a successor to Judge Chu is named. More information regarding this administrative action can be found in the Federal Register notice published today, and available [here].

Daily eBriefs - June 12, 2024

Contracts An individual is capable of recognizing his or her handwritten signature and if that individual does not deny a handwritten signature is his or her own, that person’s failure to remember signing the document does not create a factual dispute about the signature’s authenticity. Ramirez v. Golden Queen Mining - filed May 15, 2024, publication ordered June 11, 2024, Fifth District Cite as 2024 S.O.S. 1856 Full text click here >http://sos.metnews.com/sos.cgi?0624//F086371.

Olson v. State of California

California's differential treatment of worker misclassification in the transportation and delivery services sector relative to other sectors passed rational basis review. To read more visit https://www.dailyjournal.com/dar/282680-olson-v-state-of-california?utm_source=ActiveCampaign&utm_medium=email&utm_content=Your%20Daily%20Appellate%20Report&utm_campaign=DAR%206%2F10&vgo_ee=Xv%2BXM%2B2gGHmvBt1sKRqVYC7LPhQbecYOg7ri%2By4OJlyLPD3SlbouWlM%3D%3AWWIeIUlsQzGNLjdM16KHhP87Vix2kwBj.

Daily eBriefs - June 5, 2024

Employment A written contract is not required to invoke the Privette doctrine. CBRE v. Superior Court (Johnson) - filed June 4, 2024, Fourth District, Div. One Cite as 2024 S.O.S. 1788 Full text click here >http://sos.metnews.com/sos.cgi?0624//D083130.