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Appellate Court Orders Publication of Lease-Leaseback Decision, Making it Binding Precedent

On May 31, 2017, the First District Court of Appeal ordered publication of its decision in California Taxpayers Action Network v. Taber Construction, Inc. et al.(2017) 12 Cal.App.5th 115 (Taber), which upholds the validity of a lease-leaseback arrangement. This reversed the court's initial decision not to publish the case.

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Public Entities Must Proceed with Caution When Preparing an Addendum to a Negative Declaration

A California appellate court has held that a public entity violated the California Environmental Quality Act (CEQA) by preparing an addendum to a mitigated negative declaration.

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Federal Court Upholds Texas School Board’s Practice of Student Invocations at School Board Meetings

A federal appeals court recently upheld a Texas school district's practice of permitting students to deliver a religious invocation at the beginning of governing board meetings.

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High Court Declines to Review Ruling on Cash in Lieu Payments

The United States Supreme Court has denied review of a Ninth Circuit Court of Appeals ruling that cash payments made to employees in lieu of benefits must be included as pay when calculating their overtime pay rate under the Fair Labor Standards Act (FLSA).

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California Supreme Court Clarifies Use of Anti-SLAPP Motions

A new California Supreme Court ruling clarifies how litigants may use a tool intended to fight lawsuits filed to chill free speech.

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Meet-and-Confer Requirement Does Not Apply to Pension Reform Measure Placed on Ballot through Voter Initiative Process

In Boling v. Public Employment Relations Board (Apr. 11, 2017, D069626) ___ Cal.App.4th ___ (Boling), the Fourth District Court of Appeal invalidated a decision by the Public Employment Relations Board (PERB) holding that a city council violated the Meyers-Milias-Brown Act (MMBA) by placing a voter initiative to amend the city's charter on the ballot without first meeting and con

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Ninth Circuit Loosens Time Limits on IDEA Claims

In a case of first impression, the Ninth Circuit Court of Appeals has ruled in favor of looser time limits on Individuals with Disabilities Education Act (IDEA) claims.

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Federal Court Holds Discrimination on the Basis of Sexual Orientation is Prohibited under Title VII

In Hively v. Ivy Tech Community College of Indiana, a federal appeals court evaluated whether federal antidiscrimination laws protect an individual against discrimination on the basis of sexual orientation under Title VII (42 U.S.C. § 2000e-2(a)). In a landmark decision, the court held that under Title VII, such discrimination is unlawful.

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Ninth Circuit Reverses Summary Judgment, Finding Employer's Response to Discrimination and Harassment Complaints Inadequate

In Reynaga v. Roseburg Forest Products (9th Cir. 2017) 847 F.3d 678, the Ninth Circuit Court of Appeals recently delivered an important opinion regarding public entity employers and what is required for an appropriate response to an employee's complaint of harassment or hostile work environment.

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