Plaintiffs purchased life insurance policies. The death benefit payable to survivors varies with the performance of the funds each customer selects. Because the policyholder bears the risk associated with the investments, some federal circuits have held that the policies qualify as securities. Accordingly, the federal trial court dismissed the class action under the Securities Litigation Uniform […]
Lawyer Must Produce Client’s Tax Returns.
Tax returns prepared by an accountant were turned over to the civil tax lawyer for the person being investigated by the IRS. The civil lawyer turned them over to a lawyer for the firm providing representation for the criminal tax investigation. That lawyer turned them over to the partner in charge of the criminal defense. The […]
Real Estate Development Conviction Vis-À-Vis The Clean Air Act.
The CEO of a real estate development company was convicted of violating the Clean Air Act [42 U.S.C. §85.]. In his appeal, he complained about a jury instruction: “You may find that the defendant acted knowingly if you find beyond a reasonable doubt that the defendant: [¶] 1. was aware of a high probability that there […]
Spousal Support Waiver Deemed Invalid.
On appeal, a husband challenged the trial court’s invalidation of a wife’s spousal support waiver contained in a 1985 prenuptial agreement. The soon-to-be wife had no input about the wording of the document. She claims the first time she saw it was three days prior to the wedding, after all the invitations had gone out. After […]
Assumption Of The Risk Applies To Bumper Car Rides.
Toward the end of a bumper car ride at Great America amusement park, with plaintiff’s nine-year-old son at the wheel, and plaintiff as a passenger, plaintiff braced herself by placing her hand on the dashboard. Her son described that “something like cracked,” and plaintiff’s wrist was fractured. The California Supreme Court found: “We conclude the primary […]
Section 9 Of The Federal Arbitration Act Is Procedural, Not Substantive.
One party to an arbitration petitioned to the superior court to confirm the award of the arbitrator. The other party objected because the parties did not agree in their arbitration agreement that the award could be judicially confirmed as required by section 9 of the Federal Arbitration Act [FAA; 9 U.S.C. § 9.]. The trial court […]
Union Has Statutory Protection To Picket Supermarket.
The California Supreme Court ruled on union picketing laws in front of a supermarket entrance and held: “[T]he supermarket’s privately owned entrance area is not a public forum under the California Constitution’s liberty of speech provision. For this reason, a union’s picketing activities do not have state constitutional protection. Those picketing activities do have statutory protection, […]
No Injunction To Forestall Employer From Providing Obamacare Preventive Services To Women.
An arts and craft Christian retail chainstore with 13,000 employees in 500 stores nationwide petitioned for an injunction, against the implementation of Obamacare, pending appellate review of its claim under the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 [42 U.S.C. § 2000bb]. The employees receive health insurance […]
Second Judge’s Order Dismissing Action On Ground Of Forum Non Conveniens Affirmed After First Judge Denied Same Motion.
Just prior to retiring, the first judge denied a motion to stay or dismiss an action on the ground of forum non conveniens in a product liability case. A second judge granted the same motion when it was renewed. Plaintiffs appealed, contending the second judge erred by reconsidering without finding the earlier order was erroneous and […]
Securities Fraud — The Sum Of The Allegations Is Greater Than Its Parts.
A securities fraud complaint alleged false financial adjustments were made to a company’s accounts, and the district court dismissed it for failure to sufficiently allege scienter as to each of the defendants. The Ninth Circuit reversed, noting that viewed in isolation any one allegation may not compel an inference of scienter, but “when we consider the […]
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