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The People of the State of California v. Superior Court (Romero), 13 CAL. 4TH 497, 917 P.2D 628 (Cal. 1996), was a landmark case in the state of California that gave California Superior Court judges the ability to dismiss a criminal defendant's "strike prior" pursuant to the California Three-strikes law, thereby avoiding a 25-to-life minimum sentence.
Lockyer v. Andrade, 538 U.S. 63 (2003), [1] decided the same day as Ewing v. California (a case with a similar subject matter), [2] held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments.
A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
The litigation, filed directly in the California Supreme Court in an unusual move, comes as advocates have grown increasingly frustrated by the documented inability of many courts to find and hire ...
More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. [3] Because the right to file a special motion to strike is substantive immunity to suit , rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction .
However, the 2007 US Supreme Court decision in Chamber of Commerce of the United States of America et al. vs. Brown, Attorney General of California et al., the court ruled 7–2 that federal labor law pre-empted a California law that limited many employers from speaking to their employees about union-related issues. Justice John Paul Stevens ...
The California Supreme Court ruling curtails the ability of public employees in the state to seek help from the courts in labor disputes.
The Washington state Supreme Court in 2021 ruled that the company's claims were preempted by a statute called the National Labor Relations Act (NLRA), saying the company's loss of concrete was ...
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