A union claimed it was entitled to obtain the home addresses and phone numbers of all represented employees, including those who have not joined the union. The California Supreme Court agreed that the union does have the right to that information, stating: “Whether the right to privacy under Article I, Section 1 of the California Constitution prohibits disclosure […]
Investment Bankers Sealed Their Lips, And Now They Are Defendants.
Investors purchased a tenant in common ownership interest in a senior housing facility from a real estate investment company. The company did not disclose to the investors that its sole owner is a convicted felon, a violation of state securities law; nor did it disclose the existence of a second loan that grossly overleveraged the property. […]
No Issue Of First Amendment Protection When School Teacher Fired After Blasting “Zionist Jews.”
A substitute school teacher attended an “Occupy Los Angeles” rally and gave an interview to a reporter. Exercising her First Amendment rights, during the interview, she said she worked for the Los Angeles Unified School District, and stated: “I think that the Zionist Jews who are running these big banks and our Federal Reserve, which are […]
“Open Your Mouth So We Can Take A Cheek Swab Of Your DNA” Are Now The First Words After An Arrest When They Used To Be “You Have A Right To Remain Silent.”
Justice Anthony Kennedy, writing for the majority, called taking a cheek swab from arrestees a legitimate police booking procedure. The opinion further states “an individual’s identity is more than just his name or Social Security number, and the government’s interest in identification goes beyond ensuring that the proper name is typed on the indictment.” Justice Antonin […]
Medicare Does Not Cover Costs For Teeth, Even If Problems Result From Physical Disease.
A plaintiff suffers from Sjogren’s Syndrome, which has left her unable to produce saliva. As a result, she lost teeth, her gums deteriorated, and her bite collapsed. She is a Medicare beneficiary, and she received dental services to correct her problems. But the Secretary of The Department of Health and Human Services denied coverage [HHS]. The […]
Before The Time To Appeal Expires Look At The Forest As Well As The Trees!
In arguing about the content of a judgment after the trial court awarded damages for copyright infringement of a design, both sides argued about the appropriateness of an injunction. But the judgment issued by the court did not mention an injunction. Instead of appealing, the plaintiff filed a motion for a permanent injunction, which was denied […]
Writ Of Execution Can Get Complicated!
After the sheriff levied on funds in its bank account, pursuant to a writ of execution, a judgment debtor filed a notice of appeal and a sufficient appeal bond. The debtor gave notice of these documents to the sheriff in order to prevent the sheriff from disbursing the levied funds to the judgment creditor. Nonetheless, the […]
Broad Language In Contractual Attorney Fee Provision.
Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states: “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration […]
However, if someone is unsure as to their precise lineage, it
No. The Jonas Brothers don’t count. They may have been raised here, but they represent New Jersey as much as Fred Phelps represents San Fransisco. Nor are these conditions, presided over by Democratic Governor Corzine, unique to the state of New Jersey. The current prison population in the US is over 2.3 million and continues […]
Dismissal Of Predatory Lending Action Reversed.
Plaintiffs initiated an action against a loan broker and various financial institutions, claiming “pursuant to a scheme of predatory lending, [they] made material misrepresentations and fraudulent concealments of circumstances in the appraisal of the residence and in the terms of the loan in order to maximize their profit.” They alleged they applied for a residential home […]
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