An unemployed married couple lived the high life with monthly expenses averaging $45,000, thanks to subsidies by the husband’s parents, who deducted the money from their son’s expected inheritance. When the couple separated, the husband’s annual income was about $99,000, and the trial court ordered him to pay monthly permanent spousal support of $2,000 and […]
Law Didn’t Keep Up With Science On Abortions [Or Didn’t Want To Keep Up With It].
In 2000, the Food and Drug Administration [FDA] approved the use of medications to perform abortions, and medication abortions now account for 41 percent of all first-trimester abortions performed at Planned Parenthood clinics nationwide. This less invasive procedure is particularly important for victims of rape or sexual abuse as well as women with medical issues […]
46 Months For Un-Social Media Postings & Stalking.
Criminal defendant sent sexually suggestive and threatening texts and emails to his former girlfriend and her friends. He created a Facebook page in her name and posted nude photos of her on it. A jury found him guilty of stalking in violation of 18 U.S.C. § 2261A (2)(A) & 2261 (b)(5). On appeal, defendant contends […]
Superior Court Lacks Jurisdiction.
Plaintiff filed an action in superior court seeking an injunction to stop members of the Public Utilities Commission [PUC] from proceeding with a meeting “since the commission would not permit her to attend the meeting because of her affiliation with the Sierra Club, the meeting violated the Bagley-Keene Open Meeting Act. (Government Code section 11120). The […]
Illegal Pyramid Scheme.
The Federal Trade Commission Act, § 5(a) [FTCA; 15 U.S.C. §45(a)(1)] states that “unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.” In that context, a marketing company offered participants the ability to become independent retailers of music and other merchandise as well as earn points redeemable for music or […]
New Standard Set To Test Whether A Patent Is Ambiguous.
The United States Supreme Court remanded a patent case involving a heart rate monitor used with exercise equipment to the Federal Circuit to apply a new standard regarding whether or not a patent is ambiguous. The high court stated: “[W]e hold that a patent is invalid for indefiniteness if its claims, read in light of […]
No Liability For Inducing Patent Infringement.
A patent claims a method of delivering electronic data using a content delivery network [CDN]. The exclusive licensee of that patent designates certain files, a process called tagging. Another technology company also operates a CDN and carries out several of the steps claimed in the patent, but instead of actually tagging, it provides instructions for […]
Discrimination Allegations In Health Care To Deaf Woman.
Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]
Flaws Found In Sampling Approach To Wage And Hour Case.
A wage and hour class action went all the way through to verdict. The trial court devised a plan to determine the extent of liability to all class members by extrapolating from a random sample. In the first phase of trial, the court heard testimony about the work habits of 21 plaintiffs, and defendant was […]
Class Action Settlement Reversed.
Plaintiffs brought an action against defendants for advertising a bracelet as a revolutionary bracelet that uses the body’s “biofield” to improve strength and wellness. Alleging the advertising claims were false, plaintiffs sought injunctive relief and damages on behalf of all persons in the United States who purchased a bracelet. Defendants agreed to settle the lawsuit, […]
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