In a wrongful death action, the family of the decedent brought an action against the supplier of a pacemaker. During the implantation of the pacemaker, at which the pacemaker sales person was present, the decedent’s right atrium and ascending aorta were perforated and she died shortly after surgery. The trial court granted summary judgment. The appellate […]
Law Firm Should Not Have Been Disqualified.
The introductory paragraph to the opinion speaks for itself: “The trial court disqualified a law firm from simultaneously representing a limited liability company, its managing member (a partnership), and the person who managed that partnership (who was not himself a member of the company) in a lawsuit against two of the company’s minority members. The court […]
Convicted Attorney Is “Actually Innocent.”
18 USC § 1346 states: “. . .the term ‘scheme or artifice to defraud’ includes a scheme or artifice to deprive another of the intangible right of honest services.” An attorney and trustee of private trusts pled guilty to honest services fraud after being accused of abusing his fiduciary obligations and position of trust through ambiguous […]
Homeowners Gone Wild Inside Of A Limited Liability Company.
Homeowners in a homeowners association transferred title to themselves as trustees for a family trust. Thereafter they submitted architectural plans to remodel the house, which were submitted to the HOA, and resulted in a dispute. The HOA denied the access to HOA’s board meetings to the lawyer for the trust because the HOA’s lawyer was of […]
Ingenius Settlement May Be Anti-Competitive Because Of The “Market Power Derived From The Patent.”
A drug company patented a drug [drug company #1] and a generic drug manufacturer [drug company #2] filed applications for generic drugs modeled after the patented drug. #1 brought an action against #2 claiming patent infringement. After the Food and Drug Administration approved the generic product, #1 and #2 entered into a settlement whereby #2 would […]
California Coastal Commission Turf And Surf Battle.
A development includes 125 luxury homes on an oceanfront slope situated between a newly created public park at the top of the slope and a newly dedicated public beach at the bottom, with public access trails running through the residential portion. As the project neared completion, the city adopted an ordinance limiting hours of operation for […]
Plaintiff’s Fourth Appeal Relative To The Placement Of Light Poles.
Plaintiff was injured when the car in which she was riding collided with another car in an intersection and then hit a light pole, erected 18 inches from the curb, and owned by a utility company. In the first two appeals, the appellate court affirmed summary judgment in favor of a county and a city. In […]
DMV Records Can’t Be Used To Solicit Clients.
The Driver’s Privacy Protection Act of 1994 [DPPA; 18 U.S.C. §§ 2721-2725] regulates the disclosure of personal information contained in the DMV records of state motor vehicle departments. An exception in the DPPA, 18 U.S.C. § 2721(b)(4), permits obtaining personal information for use “in connection with” judicial and administrative proceedings, including “investigation in anticipation of litigation” […]
State May Not Impose Additional Requirements For Voter Registration.
The National Voter Registration Act of 1993 [NVRA; 42 U.S.C. §1973gg-4(a)(1)] requires states to “accept and use” a federal form to register voters. The form requires only that an applicant state under penalty of perjury that he or she is a citizen. Arizona had an additional requirement for registration officials to reject the federal form applications […]
No Private Right Of Action For Tenant.
Plaintiff was a tenant on property for which a bank took title at foreclosure. The bank served her with a three-day notice of termination and then immediately initiated an unlawful detainer action. Plaintiff contends the bank was required to serve a 90-day notice of termination prior to eviction. She filed an action against the bank in […]
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