Defendant operates in internet service through which users may upload and retrieve digital music files. Plaintiff brought an action in the New York trial court, alleging defendant infringed on copyrights afforded under New York common law. A nonparty publishes an online newsletter and published an article reporting an artist accused defendant of copyright infringement. Following […]
Daddy Or Donor Of Semen??
Jason and Danielle tried to have a baby both naturally and by means of in vitro fertilization [IVF] but were unsuccessful. The two began to live separately. Two or three years after their first attempt to conceive, Jason gave Danielle a letter in which he wrote that he was not ready to be a father, […]
Only One CCP § 170.6 Peremptory Challenge Per Side Per Action.
A creditor added a second judgment debtor. The recently added judgment debtor filed a challenge to the judge pursuant to Code of Civil Procedure section 170.6. The previous judgment debtor had already filed a section 170.6 challenge, and the creditor sought extraordinary relief contending the court erred when it granted the second challenge. “[S]ection 170.6 […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
Destroy Or Remove Fixtures From Foreclosed Property And Go To Jail.
Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises. Defendants, a husband and wife, were convicted of violating section 502.5 by taking fixtures from their foreclosed home. A jury found an enhancement of “great taking” […]
The Difference Between Chapter 7 and Chapter 13 Bankruptcy
In this video, Bankruptcy Attorney, Mark Mellor talks about the differences between Chapter 7 and 13 Bankruptcy.
All About Mechanics Liens
In this video, Construction Law Attorney, Mark Mellor, talks about the Mechanics Liens.
The Difference Between LCC and Corporation
In this video, Business Law Attorney, Mark Mellor talks about the differences between two organization types: LLC and Corporation.
Arbitration Agreement Found Unconscionable [“Nothing in fine print is ever good news.” Andy Rooney].
Car wash employees brought a class action against car wash companies. On defendants’ petitions for arbitration, the trial court concluded the arbitration agreement was unconscionable and refused to enforce it. Agreeing the arbitration agreement “suffered from multiple defects demonstrating a systematic lack of mutuality that favored the car wash companies,” the appellate court affirmed. (Carmona […]
Court’s Limiting Trial To Ten Days Upheld.
In an action involving the certification and training of crane operators and allegations of antitrust violations, the trial judge limited the trial to ten days. On appeal, the losing party claimed it had been unable to call all of its witnesses or present rebuttal evidence and were, therefore, deprived of fair trial. Apparently lacking sympathy […]
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