Entries by Peder

California Supreme Court Denies Review of Monsanto’s Challenge to the Listing of Glyphosate, the Roundup Chemical, as Known to the State of California to Cause Cancer Under Proposition 65

On August 15, 2018, the California Supreme Court denied review of the Fifth District Court of Appeal’s decision upholding the listing of the primary chemical in Roundup weed killer, glyphosate, as a chemical known to the State of California to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, known as […]

Eighth Circuit Rejects Challenge to Collective Bargaining for Minnesota Homecare Workers

The U.S. Court of Appeals for the Eighth Circuit on August 14, 2018 rejected a constitutional challenge to Minnesota statutes that permit homecare workers paid by the State to democratically elect a union representative for collective bargaining over the terms of their employment.  Similar challenges have been rejected by the First, Second, and Seventh Circuits. […]

Ninth Circuit Affirms the Dismissal of Lawsuit Challenging Seattle Ordinance Permitting Collective Bargaining by Uber and Lyft Drivers

On August 9, 2018, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Clark et al. v. City of Seattle et al., one of two lawsuits challenging a Seattle ordinance that establishes a process for independent contractor drivers who contract with for-hire and taxicab transportation companies, including companies like Uber […]

Federal Court Rules Voters May Not Be Purged from Registration Rolls in Violation of National Voter Registration Act

On August 7, 2018, the United States District Court for the Middle District of North Carolina issued a major voting rights decision, ruling that the National Voter Registration Act (“NVRA”) prohibits the use of North Carolina statutes to (1) remove voters from the registration rolls based on a supposed change of address without following the […]

Ninth Circuit Rejects Challenge to California’s SB 954

On July 30, 2018, the Ninth Circuit issued a unanimous opinion in Interpipe Contracting, Inc. v. Becerra, Ninth Circuit Case No. 17-55248, rejecting several legal challenges to California Senate Bill 954, which amended California’s prevailing wage law to clarify that public works contractors may only take credit against the prevailing wage requirement for contributions made […]

Eleventh Circuit Revives Case Challenging Alabama’s Preemption of Birmingham’s Minimum Wage Law as Racially Discriminatory

On July 25, 2018, the Eleventh Circuit issued a unanimous published decision in Lewis v. Alabama, Eleventh Circuit Case No. 17-11009, reversing the district court’s dismissal of a lawsuit by fast food workers and other plaintiffs alleging that Alabama’s enactment of a law preempting all local minimum wage regulation, which was adopted in response to Birmingham’s decision […]

Amicus Brief Filed in Support of Challenge to Unsecure Paperless Electronic Voting System in Georgia

On July 17, 2018, Altshuler Berzon LLP attorneys and co-counsel in Georgia filed an amicus curiae brief on behalf of Common Cause, the National Election Defense Coalition, and Protect Democracy in Curling v. Kemp (N.D. Ga.), No. 1:17-cv-02989-AT, supporting a challenge to Georgia’s use of unreliable and unverifiable touchscreen electronic voting machines that have no […]

Lead Paint Initiative Challenged as Misleading and Deceptive Will Not Appear on California’s General Election Ballot

On June 28, 2018, the proponents of an initiative that Altshuler Berzon LLP attorneys and others challenged in the California Supreme Court as misleading and deceptive withdrew that initiative from consideration.  As a result, the initiative will not appear on California’s November general election ballot. Titled the “Healthy Homes and Schools Act of 2018,” the […]

California Supreme Court Rejects Attempt to Prevent Californians from Voting on Initiative to Regulate the Dialysis Industry

On June 13, 2018, the California Supreme Court denied a petition for writ of mandate filed by the dialysis industry seeking to bar from California’s November general election ballot an initiative (now known as Proposition 8) designed to improve the quality and affordability of chronic dialysis care that is critical to more than 66,000 Californians.  […]

The California Supreme Court Clarifies Rights of Employees Misclassified as “Independent Contractors”

The California Supreme Court issued a unanimous 82-page decision in Dynamex Operations West, Inc. v. Superior Court, Case No. S222732, that clarified how California courts should determine whether a worker is an “independent contractor” or an “employee.” Altshuler Berzon LLP participated in briefing and oral argument before the California Supreme Court. The Court’s ruling will […]