Alyssa Dillard

Rosen: A Case Study on a School’s Duty to Protect

This fall nearly 20 million students will be attending college, according to information from the National Center for Education Statistics. While most incoming and returning college students are busy focusing on their studies, extracurriculars, or simply the next frat party, safety concerns can at times be relegated to the backseat. Students and parents alike often…

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Anti-SLAPP: When State and Federal Rules Collide

The degree to which California’s anti-SLAPP provisions conflict with the Federal Rules of Civil Procedure is an issue that has been hotly disputed since California Code of Civil Procedure § 425.16 was enacted in 1992. Recently, the Ninth Circuit held that when California’s anti-SLAPP statute is utilized in federal court, the court will review the…

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When Court Powers Supersede the Will of the Parties

On May 18, 2018, the Ninth Circuit affirmed a district court’s grant of summary judgment on an issue raised sua sponte by the court, despite the fact that the parties had negotiated and agreed that the defendant would not seek summary judgment on the issue. On December 22, 2011, the plaintiff in the case on…

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Subsidized Free Speech

A group of California grape growers/shippers brought an action in the County of Fresno against the California Table Grape Commission, contending that the Commission’s collection of assessments under the Ketchum Act (Food & Agr. Code § 65500 et seq.) to subsidize promotional speech on behalf of all California table grapes violates the growers’ right to…

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Bird Law and the Fourth Amendment

Fictional character Charlie Kelly once said “bird law in this country – it’s not governed by reason.” In an opinion filed May 1, 2018, the Ninth Circuit disagrees, holding that the Fourth Amendment may protect an individual from having his apparently healthy birds seized by the city without a warrant. In Martino Recchia v City…

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Are Independent Contractors Employees?

Whether a worker is categorized as an “employee” or an “independent contractor” has far-reaching implications. Among other things, a business must comply with numerous state and federal statues and regulations governing wages, hours, and working conditions when it comes to employees, but do not face such requirements for independent contractors. This often results in an…

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Retention of Clients After Law Firm Breakup

When a couple breaks up, they face the daunting task of dividing up their mutual assets. When a law firm breaks up, the division of tangible assets is relatively more straightforward, but who gets the profits from matters still pending? The Supreme Court of California weighed in on that question in a March 3, 2018…

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Are Colleges Obligated to Protect Their Students from Harm?

Does a college or university owe a special duty of care to protect its students from each other? It’s possible that they do, according to a recent opinion coming from the Supreme Court of California in Regents of the University of California v. Superior Court of Los Angeles County (Katherine Rosen). In its opinion, the…

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Too Late For an Anti-SLAPP?

The California anti-SLAPP law was enacted by the state Legislature in 1992 to protect the petition and free speech rights of all Californians. When a defendant believes a plaintiff has filed a case against him in order to quell his right to free speech on a matter of public interest, the defendant can file a…

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