TAMANAHA v. DroneBASE, INC., Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. 2022 We begin by reviewing general principles of unconscionability. “`One common formulation of unconscionability is that it refers to “`an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the […]
Category: 9th Circuit
Whistleblower retaliation
Erhart v. BOFI HOLDING, INC., Dist. Court, SD California 2022 Sarbanes-Oxley’s whistleblower retaliation provision provides a company may not “discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of” protected activity. 18 U.S.C. § 1514A(a). As the statute indicates, the retaliation that […]
Personal jurisdiction and the “alter ego” doctrine
ALEXANDRIA REAL ESTATE EQUITIES, INC. v. BUGSBY PROPERTY, LLC, Cal: Court of Appeal, 2nd Appellate Dist., 2nd Div. 2021 California grants to its courts the power to assert personal jurisdiction as far as the United States Constitution allows. (Code Civ. Proc., § 410.10; Integral Development Corp. v. Weissenbach (2002) 99 Cal.App.4th 576, 583 (Integral Development) [California’s “long-arm statute […]
FMLA interference and retaliation
The FMLA provides job security to employees who must be absent from work because of their own illnesses, to care for family members who are ill, or to care for new babies.” Bachelder v. America West Airlines, Inc., 259 F.3d 1112, 1119 (9th Cir. 2001) (citing 29 U.S.C. § 2612). Through the FMLA, “Congress made it unlawful for […]