The question for many businesses will be how to allocate budgets across social channels in the wake of emerging features. Twitter and Facebook have both already announced their buy buttons. Pinterest hasn’t announced one cheap jerseys, but is rumored to be readying one http://www.cheapjerseysorigin.com/, and is expected by some to perhaps be the best for […]
Grant Of Judgment Notwithstanding The Verdict Reversed.
A ship used for marine education was having a live-on-board program when an adult drowned after “free-diving” off the ship. A jury returned a verdict finding liability on the part of the ship’s operator, but no negligence on the part of the ship’s owner. The trial judge made a post-jury verdict finding there was uncontroverted evidence […]
Special Topping At Burger King Causes Emotional Distress Absent Physical Injury.
Plaintiff brought an action for damages after he was served a hamburger at Burger King tainted with a glob of saliva later traced by DNA back to an employee. The district court dismissed because Washington law does not permit relief for emotional distress absent physical injury. The Ninth Circuit reversed the grant of summary judgment and […]
Summary Judgment Reversed.
Plaintiff entered into a construction loan agreement with a bank, but the bank failed to properly make fund disbursements. As plaintiff attempted to salvage the situation, the bank went into receivership. Later defendant purchased the bank’s assets through a purchase and assumption agreement. Plaintiff stopped making payments and defendant took steps to foreclose. Two days prior […]
Trial Court Told To Give Its Reasons For Denying Arbitration Petition.
Plaintiffs invested in six separate funds created by defendant, some of them investing in all six funds and others in vesting in one or more of the funds. Some of the funds contained arbitration provisions, and some did not. The trial court denied all six petitions to arbitrate. The appellate court reversed and remanded, stating: “Because […]
Calculating Costs And Attorney’s Fees District Court Told To Do Its Math.
In a civil rights case, the district court vacated an award for attorney fees and reduced it from $3.2 million to $500,000, and reduced costs sought from $900,000 to $100,000 without explanation. The Ninth Circuit reversed, stating: “While it identified the correct rules, it provided no explanation for how it applied those rules in calculating the […]
First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.
In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The […]
Insufficient Evidence In Support Of Motion To Amend To Seek Punitive Damages Against Hospital.
A hospital was allegedly negligent with regard to two surgeries performed on a patient. Plaintiff filed a motion to amend to seek punitive damages, alleging three new causes of action: Violation of Health and Safety Code section 24170 [the Protection of Human Subjects in Medical Experimentation Act]; fraud; and negligence per se. Evidence submitted in support […]
Taxpayer Action Proves Under-Reporting Of Profits By Indian Tribes; Plaintiff Entitled To Fees.
A taxpayer action was brought against the California Gambling Control Commission and the California State Controller alleging they failed to discharge their mandatory duty to collect money derived from gambling owed to the state by various Indian tribes. It was determined the Indian casinos under-reported their net earnings by over $100,000,000, and that $12.8 million had […]
No Damages Under FEHA When Plaintiff Proves Unlawful Discrimination And Employer Proves It Would Have Made The Same Decision Absent Discrimination; But Plaintiff May Be Awarded Attorney Fees.
Plaintiff bus driver brought an action against a City, alleging she was fired because she was pregnant, in violation of the Fair Employment and Housing Act [FEHA, Government Code section 12940]. The City claimed she was fired for poor job performance. At trial, the City asked the court to instruct the jury that if it found […]
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