In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
Zynga Game Network: Can’t Assume What You Do In Private Is Private.
Plaintiffs brought actions under the Wiretap Act [18 U.S.C § 2511(3)(a)] and the Stored Communications Act [18 U.S.C §2702(a)(2)], alleging that Facebook, a social networking company, and Zynga Game Network, a social gaming company, disclosed confidential user information to third parties. The district court dismissed their claims with prejudice, and the Ninth Circuit affirmed, finding […]
You Can Trust Me With Our Nondisclosure Agreement; Tell Me About Your Invention.
During negotiations, which were the subject of a nondisclosure agreement, an inventor described the invention of “digital stamping technology” [DST]. After negotiations failed, the inventor discovered the other party to the negotiations had filed for patents encompassing its DST. After a court trial, the court awarded the inventor damages, prejudgment interest and attorney fees. On […]
Family Law Lawyers Sued For Legal Malpractice & Won.
The husband in a dissolution action brought what the appellate court termed a “settle and sue” legal malpractice case against his former lawyers for recommending he pay his ex-wife permanent spousal support of $7,000 per month. He alleged the settlement was excessive because the lawyers improperly calculated his permanent support obligation based upon DissoMaster guidelines instead […]
Huge Award For Restitution And Penalties In Loan Modification Scheme.
The Attorney General brought an action seeking injunctive relief and restitution under California’s consumer protection statutes. The defendants operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. Although they represented to customers they never had a case in which a loan modification […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
Continued Confusion Over Government Claims.
These are the allegations: A man was released from a state mental hospital but was not provided his psychotropic medication or any guidance on how to obtain it. Twelve days later, he was discovered “unconscious, lying on his blood-soaked bed in a pool of his own blood,” after cutting off his own genitals with a […]
U.S. Supreme Court Held Prayer Permitted At Town Hall Meetings.
Following roll call and the Pledge of Allegiance, a small town in New York has a local clergyman deliver an invocation at its Town Board meetings. A typical prayer is: “Lord we ask you to send your spirit of servanthood upon all of us gathered here this evening to do your work for the benefit […]
Expert Witness In Federal Court Improperly Excluded.
In a case involving excessive chemical levels in a city’s water system, the city’s expert witness used a four-step methodology, which methodology was published in a manual commissioned by the Environmental Security Technology Certification Program of the U.S. Department of Defense. Based on his methodology, the expert gave his opinion of the dominant source of […]
Defendants Held Liable For Aiding And Abetting Breach Of Fiduciary Duty To Plaintiff, Despite Not Owing Plaintiff A Fiduciary Duty.
The jury found defendants liable for aiding and abetting breach of fiduciary duty and awarded restitution in the amount of approximately $5.8 million. A main issue in the appellate court was whether there can be liability for aiding and abetting a breach of fiduciary duty against someone who does not owe a fiduciary duty. The […]
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