Plaintiff, a recognized figure in aviation history, brought an action in 2008 for invasion of privacy against persons who sell aviation-related memorabilia who posted information about plaintiff on their website in 2003. The district court granted summary judgment on the issue of statute of limitations. The Ninth Circuit affirmed, stating: “Yeager argues that the website […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]
Restaurant Obviously Didn’t Like The A.D.A. Suit.
A disabled man filed a complaint for damages and permanent injunctive relief against a restaurant because of alleged violations of the Americans with Disabilities Act [42 USC §12182(b)(2).] The restaurant filed a general denial and a cross-complaint alleging the disabled man and his attorney were liable under Government Code §12651(a)(7) of the California False Claims […]
“Boundary By Agreement” Doctrine Does Not Apply.
The parties own contiguous pieces of property with a common boundary of approximately 1,300 feet. Plaintiff’s fence does not run all the way to the boundary line, and defendant’s almond orchard encroaches on a portion of plaintiff’s property. Defendant contended the fence established the boundary under the doctrine of “boundary by agreement.” The trial court […]
No Fourth Amendment Violation For Seizing Baby.
A mother took her baby to an emergency room when she had a high fever, was lethargic, not eating properly and looked ill. Doctors were concerned about meningitis. The baby’s mother was “hysterically crying” and refused to give consent for medical personnel to treat the baby. Doctors opined the baby was in imminent danger of […]
No Fourth Amendment Violation For Tasing Suspect To Death.
In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of […]
No Fourth Amendment Violation For Seizing Truck.
Plaintiff was stopped by the police while driving his truck to a job site. He was arrested for driving without a license in an unregistered vehicle, and the police contacted a towing company to tow the truck away. Plaintiff sued the towing company for wrongfully withholding his 1998 Dodge light truck for 38 days until […]
Fourth Amendment Violation For Seizing Homeless Persons’ Shopping Carts.
Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and […]
Dismissing Elder Abuse Case Costly.
Plaintiff sued under the Elder Protection Act [Welfare and Institutions Code §15600 et seq.]. Defendant hospital served an offer to compromise under CCP §998 offering “to waive costs and to refrain from pursuing a claim for malicious prosecution” if the suit were dismissed with prejudice. The offer expired, but during jury selection, plaintiff did dismiss […]
District Court Reversed For Penalizing When Statute Says No Penalty.
Defendants were sued for false advertising, trademark infringement and cybersquatting under The Lanham Act [15 U.S.C. §1051 et seq.]. The statute states the sum awarded “shall constitute compensation and not a penalty.” The trial judge doubled the amount of actual damages and the Ninth Circuit reversed, stating the district court apparently had an intent to […]
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