After working for a state university for more than 20 years in a nonmanagerial position, plaintiff was hired as a manager. Things did not work out, and she was fired. She brought an action against the university. Prior to trial, the trial court granted defendant’s summary adjudication of issues on plaintiff’s contention she had a […]
Some Call It Democracy, Others Consider It Oppression.
In response to the United States Supreme Court’s 2003 decisions regarding Michigan university’s admissions policies, (Gratz v. Bollinger (2003) 539 U.S. 244, [123 S.Ct. 2411; 156 L.Ed.2d 257] and Grutter v. Bollinger (2003) 539 U.S. 982, [124 S.Ct. 35; 156 L.Ed.2d 694]), Michigan voters passed an initiative in 2006 adopting an amendment to its constitution […]
Totality Of The Circumstances: What Happens After Someone Drops A Dime?
CHP officers observed nothing unusual, but pulled the pickup over anyway. They smelled marijuana and searched the truck, finding 30 pounds of weed. They arrested the two men inside. The men moved to suppress the evidence, arguing the traffic stop violated the Fourth Amendment because the officer lacked reasonable suspicion of criminal activity. This case reached […]
Non-Disclosure Agreement: Whoever Keeps His Mouth And His Tongue Keeps Himself Out Of Trouble. Proverbs 21:23.
An inventor of a memory chip design brought an action against defendants alleging misappropriation of trade secrets, unfair competition, breach of contract and related causes of action, but the amended and operative pleading was only for breach of contract. A jury found the defendant breached the non-disclosure agreement signed at the outset of negotiations and […]
Government Ordered To Pay Attorney Fees In Social Security Case.
The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the […]
Claim Of Equitable Tolling Of Statute Of Limitations While Plaintiff Pursued Her Work Comp Case.
Plaintiff fell from an outdoor balcony at the offices of her employer. Immediately she began receiving workers’ compensation benefits and later filed a claim with the Workers’ Compensation Appeals Board seeking additional benefits. More than two years after the fall, she filed a superior court action for premises liability against the building owners. She alleged […]
Homeowners Association Meetings Fall Outside The Scope Of Official Meetings Within The Meaning Of The Anti-SLAPP Statute.
The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Appellate Courts Split On Which Statute Of Limitations Applies For Malicious Prosecution Against Attorneys.
When attorneys were sued for malicious prosecution 13 months after resolution of the underlying action, they brought a motion to strike, citing the one-year statute of limitations under Code of Civil Procedure section 340.6 and Vafi v. McCloskey (2011) 193 Cal.App. 4th 874, [122 Cal.Rptr.3d 608], which held that the one-year statute applied in a […]
Sexual Assault From The Halls Of Montezuma To A Class At Middle School
Two months before the United States Marine Corps assigned a Marine to speak at a middle school on Career Day, the Marine had been court-martialed for the sexual assault of three female members of the Corps. The result of the court-martial was that he was retained in the Corps and assigned to recruitment detail awaiting […]
Patient Authorization Not Required For Access To Prescription Database.
The Medical Board of California issued investigative subpoenas in connection with the investigation of a doctor for prescribing excessive controlled substances. The investigator sent letters to five patients requesting release of their medical records, and the patients objected, so the doctor would not produce the requested information. The Board accessed a computerized database of controlled […]
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