Cautionary Click Tale: California Court of Appeal Holds that Online Pop-Up Provides Adequate Notice of Binding Agreement Terms
In B.D. v. Blizzard Entertainment, Inc. (Mar. 29, 2022, No. D078506) Cal.App.5th , the California Court of Appeal held that a pop-up license agreement used for an online videogame provided adequate notice to users that they would be bound by its terms, including a requirement for binding arbitration.
Foreseeability in Sexual Abuse Cases: Appellate Court Clarifies Legal Standards for Claims Against School Districts
In a recent case, the California Court of Appeal held that school administrators may breach a duty to protect students from sexual abuse by district employees by failing to take reasonable measures to prevent abuse, even if the school does not have actual knowledge of the employee’s history of committing, or propensity to commit, sexual abuse.
California Whistleblower Retaliation Claims Subject to Statutory Test Rather than Higher Federal Standard
In Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th703, the California Supreme Court determined that the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5 is the framework prescribed by statute in Labor Code section 1102.6 rather than the well-established burden shifting framework set forth in McDonnel Douglas
Ninth Circuit Holds that "Specific Learning Disability" Evaluation and IEP Satisfied FAPE for Dyslexic Student
In Crofts v. Issaquah School District No. 411 (9th Cir. Jan. 12, 2022, No. 19-35473) F.4th , the U.S. Court of Appeals for the Ninth Circuit held that a school district properly assessed a student for dyslexia when it conducted an evaluation for a “specific learning disability,” as provided under the Individuals with Disabilities Education
Although a seven-year-old boy with autism had an established medical need for 40 hours per week of Applied Behavior Analysis (ABA) therapy, his school district properly denied his private provider from serving him on the public school campus during the school day, according to the December 27, 2021 decision from the United States District Court, Central District of California, in O.A. vs Orcut
In response to the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-35-20 on March 21, 2020 (Executive Order). The Executive Order extends the time by which a claim must be presented to a public entity under the Government Claims Act by 60 days.
New Law Prohibits Employers from Preventing Employee Disclosure of Alleged Workplace Discrimination and Harassment
Effective January 1, 2022, Senate Bill (SB) 331 makes it unlawful for employers to enter into agreements with employees in exchange for employees’ silence on information concerning claims or complaints of workplace discrimination or harassment, subject to certain exemptions.
Superior Court Dismisses Lawsuit Challenging the State's Face Mask Mandate in California K-12 Schools
On November 12, 2021, San Diego Superior Court Judge Cynthia Freeland ended a lawsuit filed against Governor Gavin Newsom, the California Department of Public Health (CDPH), and other California state health officials.
Vaccine mandates enacted by and affecting local education agencies have faced various legal challenges, with differing outcomes.