Below you'll find a list of all posts that have been categorized as “Appellate Law”
If your company runs background checks on job applicants, you’ve probably been told the real exposure under the federal Fair Credit Reporting Act (FCRA, the law governing how employers obtain and use consumer background reports) comes from people who were actually hurt. Someone denied a job over a bad report. Someone whose private information leaked. A recent decision from California’s …
Picture a lawsuit where the other side doesn’t like the judge. Not because the judge ruled against them on the merits, but because the judge once held them accountable. So they make the judge go away. Not from one case, but from every case like yours, filing the same boilerplate paperwork over and over until the court has no choice …
Horst Legal Counsel | April 2026 If you own, operate, or invest in a hotel or extended-stay property in California, you have probably heard of the “28-day shuffle.” The playbook is familiar: require all guests to check out before they hit 30 consecutive days of occupancy, make them stay away for a few days, and then let them re-register. The …
Horst Legal Counsel | April 2026 If your company does construction work for a California city or county, you need to know about a case the Second District Court of Appeal just published. The short version: any private individual with knowledge of fraud against public funds can sue you under the California False Claims Act, and the procedural technicalities you …
California Businesses Cannot Recover Every Legal Fee in Cascading Litigation Horst Legal Counsel | April 2026 Someone torpedoes your deal. You spend north of a million dollars in court forcing the sale through. You win. Then you sue the people who caused the mess in the first place, and you win again. But the second lawsuit cost you another $841,000 …
Marketing “Face-to-Face” Experience Does Not Create Enforceable Contract for In-Person Classes When operations get disrupted, customers look for refunds. Students are no different. During COVID-era campus closures, many sued universities for tuition back based on an “implied promise” of in-person education. This California Court of Appeal just rejected this effort in a case involving Chapman University, finding that Chapman had …