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Uber’s Arbitration Clause Problem, Part 1

As I mentioned in a recent post, I think it would be worthwhile to examine some of the previous orders in the OConnor v. Uber class action litigation in California relating to Ubers various arbitration provisions. This post covers the first such ruling, issued by Judge Chen back in December 2013. In 2012, before the […]

"The Case for a Liberal Scalia: Why President Obama should nominate a true progressive to the high court."

“I’m a liberal lawyer. Clerking for Scalia taught me how to think about the law.” Tara Kole has this essay online at The Washington Post. Posted at 11:52 PM by Howard Bashman “The Case for a Liberal Scalia: Why President Obama should nominate a true progressive to the high court.” Law professor David Fontana and […]

"Former Kansan potential nominee for Supreme Court"

Sunday, February 14, 2016 “Commentary: Scalia in history — a first draft.” Lyle Denniston has this post at “SCOTUSblog.” Posted at 02:18 PM by Howard Bashman “Scalia’s death to be ruled a heart attack”: Jason Whitely of ABC affiliate WFAA in Dallas, Texas has this report. Posted at 02:15 PM by Howard Bashman “Statements from […]

Briefing For The Big Bucks: CRST Asks U.S. Supreme Court For Attorneys’ Fees From The EEOC

By Gerald L. Maatman, Jr., Christina M. Janice, and Alex W. Karasik EEOC v. CRST Van Expedited, Inc. is a key case for all employers. We have been tracking the developments (here, here, here, here, here, here, here, and here) in this case since its inception. Now it has reached the U.S. Supreme Court on […]

"Tribe v. Balkin on whether Ted Cruz is a 'natural born citizen'"

Saturday, February 6, 2016 “Tribe v. Balkin on whether Ted Cruz is a ‘natural born citizen’”: Randy Barnett has this post today at “The Volokh Conspiracy.” Posted at 10:26 PM by Howard Bashman “Serial versus Making a Murderer: On Neutrality, Objectivity, and Legal Writing.” Erica Goldberg has this post at her “In A Crowded Theater” […]

Wednesday round-up

Andrew Hamm Manager Posted Wed, February 3rd, 2016 11:13 am Posted Wed, February 3rd, 2016 11:13 am by Andrew Hamm As Lyle Denniston reported for this blog, yesterday the Court turned down an application by Republicans in Virginias congressional delegation for a stay blocking implementation of a new state congressional-district map. Andrew Cain also reports […]

"The Votes of Other Judges"

“State seeks to preserve lifetime GPS monitoring of sex offender”: Earlier this month, Bruce Vielmetti of The Milwaukee Journal Sentinel had an article that begins, “Wisconsin tried Friday to persuade a federal appeals court to reverse a judge’s decision that lifetime GPS monitoring of some sex offenders violates the constitution.” Also earlier this month, Wisconsin […]

"Judge Vance Day should be ousted from job, in part for refusing to marry gays, commission says"

“Court: Arizona judicial candidates can’t seek campaign cash.” The Associated Press has a report that begins, “A federal appeals court has reversed course and now says Arizona can prohibit some candidates for elected judgeships from soliciting campaign contributions or participating in somebody else’s campaign.” And Courthouse News Service reports that “Ariz. Limits on Campaigning Judges […]

Merit Decision: Court Nixes Warrantless Pre-Impoundment Inventory Search of Legally Parked Car Despite Arrest of Occupant. State v. Leak

On January 20, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Leak, Slip Opinion No. 2016-Ohio-154. In a 4-3 decision written by Justice ONeill, joined in full by Justices Lanzinger and Kennedy, in which Justice French concurred in judgment only, the court held that a warrantless inventory search of […]

2016: Resolve to Consider Joint Employment Issues… the Department of Labor Has Already Done So!

By Erin L. Kilgore and A. Edward Hardin, Jr. This New Year, many employers have resolved to examine their employment relationships to determine if any joint employment relationships are lurking. On January 20, 2016, the United States Department of Labor issued an administrators interpretation on joint employment and confirmed that the DOL has resolved to […]