Appellate Law News and Insights

Legal Ether and Our Children's Children This week the U. S. Supreme Court turned down a case seeking to overturn the truly questionable 1970 decision in Williams v. Florida where it was held that the constitutional right to a jury trial does not require a jury of 12. Justices Kavanagh and Gorsuch...

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On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee's attempt to vacate a $4.9 million Private Attorneys General Act (PAGA )settlement between Chipotle and other aggrieved employees. Porras is the latest case to address whether an...

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TAKEAWAYS For Proposition 65 attorneys' fee claims, "enforcement of the law does not necessarily confer a significant benefit on the public." Section 998 offers in Proposition 65 cases cannot contain broad releases of claims beyond the scope of the litigation. Proposition 65 plaintiffs cannot "cast a wide net, identifying vast...

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