Carter v. Helmsley-Spear, Inc., 71 F. 3d 77 – Court of Appeals, 2nd Circuit 1995 The term “moral rights” has its origins in the civil law and is a translation of the French le droit moral, which is meant to capture those rights of a spiritual, non-economic and personal nature. The rights spring from a belief that […]
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Sex discrimination in the workplace
HIRAISHI v. DeLEON, Cal: Court of Appeal, 2nd Appellate Dist., 6th Div. 2022 The California Fair Employment and Housing Act (FEHA) prohibits a variety of conduct in the workplace, including gender discrimination and gender harassment. (See Gov. Code, § 12940, subds. (a) & (j)(1).) Discrimination focuses on “explicit changes in the `terms, conditions, or privileges […]
SEC Rule 10b-5
Section 10(b) of the Exchange Act of 1934, 15 U.S.C. § 78j(b), makes it unlawful “for any person . . . [t]o use or employ, in connection with the purchase or sale of any security . . . any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission […]
Fraud in the inducement to enter into a contract
“The elements of fraud are (a) a misrepresentation (false representation, concealment, or nondisclosure); (b) scienter or knowledge of its falsity; (c) intent to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) “Fraud in the inducement is a subset of the tort of fraud.” (Ibid.) Fraud […]
Jurisdiction Under 28 U.S.C. § 1581(a)
JARAMILLO SPICES CORP. v. United States, 531 F. Supp. 3d 1354 – Court of Intl. Trade 2021 “It is a well-established principle that federal courts … are courts of limited jurisdiction marked out by Congress.” Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 358 (Fed. Cir. 1992) 1357*1357 (citations omitted). In the Customs Courts Act of 1980, Congress […]
Whistleblower retaliation
Erhart v. BOFI HOLDING, INC., Dist. Court, SD California 2022 Sarbanes-Oxley’s whistleblower retaliation provision provides a company may not “discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of” protected activity. 18 U.S.C. § 1514A(a). As the statute indicates, the retaliation that […]
California personal jurisdiction over non-residents
SWENBERG v. DMARCIAN, INC., 68 Cal. App. 5th 280 – Cal: Court of Appeal, 1st Appellate Dist., 2nd Div. 2021 “California courts may exercise jurisdiction over nonresidents `on any basis not inconsistent with the Constitution of this state or of the United States.’ (Code Civ. Proc., § 410.10.) The statute `manifests an intent to exercise […]
California’s unfair competition law
(Bus. & Prof. Code, § 17200 et seq.) The UCL prohibits “unfair competition,” including “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” (§ 17200.) “The UCL’s purpose is to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.” (Kasky v. […]
Personal jurisdiction and the “alter ego” doctrine
ALEXANDRIA REAL ESTATE EQUITIES, INC. v. BUGSBY PROPERTY, LLC, Cal: Court of Appeal, 2nd Appellate Dist., 2nd Div. 2021 California grants to its courts the power to assert personal jurisdiction as far as the United States Constitution allows. (Code Civ. Proc., § 410.10; Integral Development Corp. v. Weissenbach (2002) 99 Cal.App.4th 576, 583 (Integral Development) [California’s “long-arm statute […]
The expropriation exception to the Foreign Sovereign Immunities Act (FSIA)
The Foreign Sovereign Immunities Act of 1976 (FSIA or Act), provides, with specified exceptions, that a “foreign state shall be immune from the jurisdiction of the courts of the United States and of the States ….” 28 U.S.C. § 1604. One of the jurisdictional exceptions — the expropriation exception — says that “[a] foreign state […]