Valdivia v. TICKET CLINIC, Cal: Court of Appeal, 2nd Appellate Dist., 3rd Div. 2022 Section 226, subdivision (a) states that an “employer, semimonthly or at the time of each payment of wages, shall furnish to his or her employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or […]
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Jones Act and Unseaworthiness
The Dutra Group v. Batterton, 139 S. Ct. 2275 – Supreme Court 2019 The seaman’s right to recover damages for personal injury on a claim of unseaworthiness originates in the admiralty court decisions of the 19th century. At the time, “seamen led miserable lives.” D. Robertson, S. Friedell, & M. Sturley, Admiralty and Maritime Law […]
Admiralty and Maritime Jurisdiction
Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 US 527 – Supreme Court 1995 A federal court’s authority to hear cases in admiralty flows initially from the Constitution, which “extend[s]” federal judicial power “to all Cases of admiralty and maritime Jurisdiction.” U. S. Const., Art. III, § 2. Congress has embodied […]
Artists’ Moral Rights
Carter v. Helmsley-Spear, Inc., 71 F. 3d 77 – Court of Appeals, 2nd Circuit 1995 The term “moral rights” has its origins in the civil law and is a translation of the French le droit moral, which is meant to capture those rights of a spiritual, non-economic and personal nature. The rights spring from a belief that […]
Sex discrimination in the workplace
HIRAISHI v. DeLEON, Cal: Court of Appeal, 2nd Appellate Dist., 6th Div. 2022 The California Fair Employment and Housing Act (FEHA) prohibits a variety of conduct in the workplace, including gender discrimination and gender harassment. (See Gov. Code, § 12940, subds. (a) & (j)(1).) Discrimination focuses on “explicit changes in the `terms, conditions, or privileges […]
SEC Rule 10b-5
Section 10(b) of the Exchange Act of 1934, 15 U.S.C. § 78j(b), makes it unlawful “for any person . . . [t]o use or employ, in connection with the purchase or sale of any security . . . any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission […]
Fraud in the inducement to enter into a contract
“The elements of fraud are (a) a misrepresentation (false representation, concealment, or nondisclosure); (b) scienter or knowledge of its falsity; (c) intent to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “Fraud in the inducement is a subset of the tort of fraud.” (Ibid.) Fraud […]
Jurisdiction Under 28 U.S.C. § 1581(a)
JARAMILLO SPICES CORP. v. United States, 531 F. Supp. 3d 1354 – Court of Intl. Trade 2021 “It is a well-established principle that federal courts … are courts of limited jurisdiction marked out by Congress.” Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 358 (Fed. Cir. 1992) 1357*1357 (citations omitted). In the Customs Courts Act of 1980, Congress […]
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 […]
California personal jurisdiction over non-residents
SWENBERG v. DMARCIAN, INC., 68 Cal. App. 5th 280 – Cal: Court of Appeal, 1st Appellate Dist., 2nd Div. 2021 “California courts may exercise jurisdiction over nonresidents `on any basis not inconsistent with the Constitution of this state or of the United States.’ (Code Civ. Proc., § 410.10.) The statute `manifests an intent to exercise […]