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Constitutional Law

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The dormant Commerce Clause does not prohibit California from applying its labor laws to airline employees who reside or are employed predominantly in California.  The airline's block time method of computing pay was similar to the pay scheme approved in Oman v. Delta Air Lines, Inc. (2020) 9 Cal.5th 762, and so did not offend California Labor Code guarantees of… Read More

The regional stay at home order banning public gatherings to avoid spread of COVID-19 which forbade restaurants from indoor or outdoor service (other than take-out or drive-thru service) did not unconstitutionally restrict the First Amendment-protected right of restaurants to present live nude adult entertainment since the health measure was applied to all restaurants regardless of whether they engaged in adult… Read More

This decision reverses a preliminary injunction against the county's implementation of COVID-19 health protocols that shut down restaurants, and particularly, those like plaintiff's restaurant that provided nude or semi-nude adult entertainment with their restaurant services.  The preliminary injunction violated due process in banning all restrictions on restaurants generally, when the complaint and preliminary injunction papers were limited to First Amendment… Read More

There was no due process violation in the city's hiring outside counsel on an hourly fee basis to prosecute nuisance abatement suits.  Also, a fee award to the City as the prevailing party in the litigation was not an undue burden on the defendant's First Amendment right to petittion government by defending the nuisance abatement suit.  Health & Safety Code… Read More

Despite the unconstitutional nature of the CFPB's original structure, the agency's civil investigative demand was enforceable since the current removable director of the agency had ratified the issuance of the CID.  The constitutional infirmity related solely to the CFPB's director, not to the agency itself or its staff which had issued the CID.  Seila law could not resist the CID… Read More

In 2018, the California electorate adopted Prop. 11 which enact Lab. Code 880 et seq., providing that ambulance employees must remain reachable by a communications device during their work shifts, including rest breaks. Lab. Code 889 expressly made the new law applicable to any and all actions pending on, or commenced after October 25, 2017. This decision holds that the… Read More

Under Nev. Rev. Stat. 116.3116, a homeowner's association is allowed a superpriority lien for certain HOA dues and maintenance expenses.  This decision holds that the statute does not offend the US Constitution's Takings Clause since no governmental entity takes the value of liens subordinated to the HOA's superpriority lien.  It also holds that the statutory notice of foreclosure sent by… Read More

The US Government grants NGOs funds to fight HIV/AIDS abroad, but only if they agree to have a policy expressly opposing prostitution and sex trafficking.  The Supreme Court held that this requirement violated the First Amendment insofar as it applied to American NGOs.  But this decision holds that the requirement does not offend the Constitution insofar as it applies to… Read More

California’s elimination of the personal belief exemption for immunization requirements for children did not violate the state constitution's protections for the free exercise of religion, due process, privacy, and public education. Read More

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