A minor was injured by a falling tree branch in a park and sued a City. Trial was set for January 14, 2013, and on January 8, 2013, the parties entered into a written stipulation to continue trial to October 28, 2013. On October 14, 2013, the parties entered into a second stipulation to continue […]
Gerrymandering (continued) –
In 2000, Arizona voters adopted an initiative aimed at ending the practice of gerrymandering and improving voter and candidate participation in elections. The electorate voted to remove redistricting authority from the Legislature and vest that authority with an independent commission. The Legislature challenged the redistricting map the Commission adopted for 2012. In upholding the use […]
Prisoners Did Not Identify Alternative Method Of Execution, So Relief Denied.
Prisoners sentenced to death in Oklahoma contended the method of execution used by the State violates the Eighth Amendment because it creates an unacceptable risk of severe pain. They argue that Midazolam, the first drug employed in the State’s three-drug protocol, fails to render a person insensate to pain. The United States Supreme Court denied […]
Same-Sex Couples Have A Right To Marry & A Right To Have Marriage Recognized By Other States.
The United States Supreme Court held the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Chief Justice Roberts, in his dissent joined by Justices Scalia and […]
Transgender Inmate.
Plaintiff is a transgender inmate of a California prison who contends prison officials violated the Eighth Amendment’s through deliberate indifference to her [inmate used to be named Philip but is now known as Mia] serious medical needs. The inmate says she suffers from severe gender dysphoria for which sexual reassignment surgery [SRS] is the medically […]
Pork.
A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]
Internet Games Just Like “One-Armed Bandits” (Slot Machines) & Violate California Law.
Internet cafes offer devices that resemble traditional casino-style slot machines in some ways and offer users the chance to win sweepstakes prizes, but because they employ modern technology, the devices differ from traditional slot machines in some ways. Pursuant to Penal Code section 330b, slot machines are illegal in California. In relevant part, the statute […]
Affordable Care Act “Obamacare” Upheld.
Virginia residents challenged an Internal Revenue Service final rule implementing a premium tax credit provision, section 36B of the Patient Protection and Affordable Care Act, which authorized tax credits not only for purchases of state-established health insurance exchanges, but also purchases on exchanges established by the federal government if States did not establish exchanges. The […]
Disparate Impact, Not Disparate Treatment.
With regard to a dispute about a low-income housing development in Texas, the United States Supreme Court held disparate impact claims are cognizable, stating: “Much progress remains to be made in our Nation’s continuing struggle against racial isolation. In striving to achieve our historic commitment to creating an integrated society. . . .we must remain […]
Law Firm Of Attorney Who Volunteered To Conduct A Settlement Conference & Received Confidential Information Cannot Later Represent A Party To The Action.
An attorney served as a settlement officer in a mandatory settlement conference conducted by a judge and two volunteer attorneys in a case which did not settle. Later, the law firm of the attorney substituted in to represent the defendant in the same action. The trial court denied a motion to disqualify the law firm. […]
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