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Prevailing Defendant in FEHA Case Can Only Recover Expert Witness Fees If Plaintiff’s Claim Is Frivolous

In Bakerv. Mulholland Security and Patrol Inc., plaintiff sued defendant for race discrimination and retaliation after being terminated following just 13 days of employment. The trial court granted summary judgment, finding that defendant had a non-retaliatory reason for firing...
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California Supreme Court Issues a Key Victory to Abuse Victims of School Employees

California Supreme Court held that a school district may be liable for negligence of administrators in hiring, supervising and retaining employees due to the special relationship between the school district and students. In C.A. v. William S.Hart Union School District, Case No....
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California’s Anti-Spam Statute Is Not Preempted By the CAN-SPAM Act

The California Court of Appeal affirmed a trial court’s judgment awarding a plaintiff and self-proclaimed anti-spam activist, Dan Balsam, $7,000 in liquidated damages and $82,000 in attorney fees.  Balsam brought his action four years ago he received a series of ads to his...
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FTC Takes Down Telemarketers Making False Promises of Reducing Credit Card Interest Rates

The FTC Takes Down Telemarketers Making False Promises of Reducing Credit Card Interest Rates. The Federal Trade Commission has reached a settlement with four of the defendants in an allegedly phony debt relief services operation that claimed that, for a thousand bucks, it would...
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“There’s No Place Like Home:” Ninth Circuit Rules Roommates.com Does Not Promote Discrimination

The anti-discrimination provisions of the federal Fair Housing Act do not extend to the selection of roommates, the Ninth Circuit has ruled in reversing judgment.  Two local fair housing organizations in California sued Roommates.com, alleging that the website violated the Fair...
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Pfizer Birth Control Recall: What Should Users of the Pill Do

On February 1, 2012, Pfizer announced that it is recalling 1 million packages of its Lo/Ovral-28 tablets and generic Norgestrel and Ethinyl Estradiol tablets, because some of the birth control tablets may be out of sequence, or there may be more of the active pills in some...
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California Court of Appeal Declines to Impose Liability on Suppliers of Raw Materials, Absent Extraordinary Circumstances

Generally, absent extraordinary circumstances, California only imposes liability on suppliers of raw materials under negligence and strict liability causes of action in asbestos cases.  The reasoning is that asbestos is inherently dangerous.  In Maxton v. Western Metal States...
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