News & Analysis as of

Appellate Courts California

Thompson Coburn LLP

Fuentes v. Empire Nissan: Heightened Scrutiny for Arbitration Agreement Unconscionability

Thompson Coburn LLP on

In Fuentes v. Empire Nissan, Inc., the California Supreme Court recently issued an opinion calling on courts to “closely scrutinize” arbitration agreements for substantive unconscionability where there is extreme procedural...more

Allen Matkins

Sustainable Development and Land Use Update 2.6.26

Allen Matkins on

On January 29, Santa Clara County Superior Court Judge Helen E. Williams dismissed a lawsuit filed by the Town of Los Gatos seeking clarification of California’s builder’s remedy law....more

Miller Starr Regalia

Third District Denies Rehearing, Modifies Opinion in “Delta Program” DWR Bond Validation Case

Miller Starr Regalia on

In a 7-page Order filed January 28, 2026, the Third District Court of Appeal denied Appellant DWR’s request for rehearing and modified its partially published opinion in Department of Water Resources v. Metropolitan Water...more

Maison Law

Appeals in California Personal Injury Cases: When and How to Challenge a Verdict

Maison Law on

If you've recently lost a personal injury lawsuit or arbitration case in California, you might be interested in filing an appeal. However, the process can be a little complicated, especially if this is your first time dealing...more

A&O Shearman

Central District Of California Denies Motion For Judgment On The Pleadings In Securities Class Action Against Electric Automobile...

A&O Shearman on

On January 22, 2026, Judge Consuelo B. Marshall of the United States District Court for the Central District of California denied a motion for judgment on the pleadings filed by an electric automobile company (the “Company”)...more

King & Spalding

California Appellate Court Affirms Summary Judgment for Lender and Enforces Limitation-of-Liability Provision

King & Spalding on

A California appellate court affirmed summary judgment for a lender in a breach-of-contract action based on a limitation-of-liability provision in the operative loan agreement....more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — February 2026

On January 9, 2026, the Ninth Circuit Court of Appeals held oral argument on the Chamber of Commerce’s challenge to California’s mandatory climate disclosure laws. These laws had been upheld by the Federal District Court, but...more

Nossaman LLP

Bifurcation of Inverse Condemnation Liability Can Be Dispositive of Remaining Tort Claims

Nossaman LLP on

When a lawsuit involves both inverse condemnation claims and other tort claims, trial courts often bifurcate the proceedings. A recent unpublished opinion from the Third District Court of Appeal, Rainey v. Nevada Irrigation...more

Laughlin, Falbo, Levy & Moresi LLP

Hernandez and the Ever-Growing Going and Coming Rule

Over the years, the “Going and Coming Rule” has often been defined more by its exceptions than by the rule itself. The rule states that an injury occurring off the employer’s premises during an employee’s normal commute to or...more

Miller Starr Regalia

Third District Affirms Judgment Upholding American Canyon’s for EIR Industrial Warehouse Project and Related WSA Against Vallejo’s...

Miller Starr Regalia on

In a published opinion filed January 14, 2026, the Third District Court of Appeal affirmed the Sacramento County Superior Court’s judgment denying the City of Vallejo’s (“Vallejo”) writ petition challenging the City of...more

Seyfarth Shaw LLP

Silence Is Golden: Case Dismissal Affirmed Under Five-year Rule Because Defendants Need Not Object to an Untimely Trial Date

Seyfarth Shaw LLP on

There is truth to the proverb that “a closed mouth catches no flies.” In Randolph v. Trustees of the California State University, 3rd App. Dist. C102901 (Jan. 15, 2026), the defendants sat silent when the trial court set a...more

Cooley LLP

California’s SB 253 and SB 261: Developments and Litigation

Cooley LLP on

As discussed in our November 2025 alert, on November 18, 2025, the US Court of Appeals for the Ninth Circuit issued a temporary injunction blocking enforcement of SB 261 (climate-related financial risk reporting) pending...more

Patton Sullivan Brodehl LLP

The “Sham Guaranty” Defense is Not Easy to Establish

Under California anti-deficiency law, borrowers enjoy robust protections.  Guarantors — not so much.  The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)...more

Patton Sullivan Brodehl LLP

An Inherited LLC Interest is not a Full Membership Interest

Under California Corporations Code section 17701.02(r), an LLC membership interest includes three components: a transferable interest (right to receive distributions in accordance with the operating agreement); a...more

Proskauer - California Employment Law

Plaintiffs Barred From Proceeding Pseudonymously

Plaintiffs (Jane Roe and John Doe) sued defendants, a daughter and mother, pseudonymously as “Jenna Smith” and “Mother Smith.” Jenna and Mother Smith told other students that John had sexually assaulted Jenna and Jane...more

Proskauer - California Employment Law

Sexual Orientation Harassment Claim is Immune From Arbitration Under the EFAA

Francisco Quilala alleged sexual harassment based on sexual orientation and other employment-related claims against his former employer (Securitas Security Services). In response to the complaint, the employer filed a motion...more

Proskauer - California Employment Law

Employee’s “Misinterpretation” of the Law Did Not Preclude Recovery on Whistleblower Claim

Contreras v. Green Thumb Produce, Inc., 116 Cal. App. 5th 1251 (2025) Manuel Contreras mistakenly determined that his former employer (Green Thumb Produce) was violating the state’s Equal Pay Act (EPA) by paying him less than...more

Proskauer - California Employment Law

Three-Year Workplace Violence Restraining Order is Upheld

The County obtained a three-year Workplace Violence Restraining Order (WVRO) pursuant to Cal. Code Civ. Proc. § 527.8 that protected “nonparty Samuel S.” from Neill Francis Niblett. Prior to the issuance of the WVRO, both men...more

Proskauer - California Employment Law

Case Was Properly Dismissed Under 5-1/2 Year Rule

Teresa Randolph sued her former employer for employment discrimination, whistleblower retaliation and termination of her employment. The trial court dismissed the action based on Randolph’s failure to bring the action to...more

Proskauer - California Employment Law

Salvation Army Workers May Have Been Volunteers Exempt From Wage/Hour Laws

Justin Spilman, Teresa Chase, and Jacob Tyler worked full-time for the Salvation Army at its retail thrift stores. They worked without wages as part of a six-month, residential, substance abuse rehabilitation program...more

Proskauer - California Employment Law

Employees Who Rescind Individual Settlement Agreements Might Have to Repay Compensation Received

After Jessica Garcia filed a putative class action for unpaid wages against her former employer (The Merchant of Tennis), the employer entered into approximately 954 individual settlement agreements (ISAs) with employees...more

Proskauer - California Employment Law

Employer Waived Arbitration by Litigating in Court For More Than Four Years

For more than four years, Sierra Pacific defended against this wage and hour class action, “remaining silent on the subject of arbitration and refusing to produce arbitration agreements signed by putative class members,...more

Proskauer - California Employment Law

Miscellaneous PAGA Developments

LaCour v. Marshalls of CA, LLC, 2025 WL 3731034 (Cal. Ct. App. 2025) (Arbitration agreement that existed before Viking River Cruises, Inc. v. Moriana, 596 U.S. 639 (2022) could not result in compelled arbitration of...more

Vinson & Elkins LLP

Governance & Sustainability Roundup – January 20, 2026

Vinson & Elkins LLP on

Welcome to our Governance & Sustainability Roundup — Our regular briefing that gives a quick overview on what has recently happened in the world of governance and sustainability that may be of interest to your company, your...more

Skadden, Arps, Slate, Meagher & Flom LLP

Algorithmic Pricing Decisions Have Favored Defendants, but the Law Will Continue to Evolve in 2026

Businesses increasingly turn to algorithms to inform their pricing strategies, and courts, antitrust enforcers and legislatures are moving rapidly to grapple with legal and policy implications....more

199 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide