In the Federal Election Campaign Act of 1971 [FECA; 2 U.S.C. § 441a], Congress imposed two types of limits on campaign contributions: base limits restrict how much money a donor may contribute to a particular candidate and aggregate limits restrict how much money a donor may contribute in total to all candidates or committees. Here, […]
Wings Of Frequent Flyer Clipped.
An airline’s frequent flyer program contained a provision stating that an abuse of the program may result in cancellation of the member’s account. After the airline cancelled a member’s account, the member brought a class action alleging breach of the implied covenant of good faith and fair dealing. The United States Supreme Court held the Airline […]
Insureds Sue Insurance Adjuster For Intentional Infliction Of Emotional Distress And Misrepresentation.
Insured husband and wife reported damage to their home after a 41-foot long, 7,300 pound tree limb crashed into it. As alleged, the behavior the adjuster displayed “can best be described as appalling.” He altered the scene prior to taking photos of the damage, spoke derogatorily to the insureds, misrepresented the coverage and ordered them […]
Everyone’s Worst Wrongful Death Nightmare
Survivors of a woman brought an action contending their wife and mother’s remains were disfigured. In two causes of action, plaintiffs alleged decedent was prematurely declared dead, after which she was placed in a compartment in the hospital morgue while still alive, and that the disfigurement to her face happened while trying to escape until […]
eBay’s Bidding System Does Not Violate California’s Unfair Competition Laws.
Plaintiff filed a class action against eBay, alleging violation of California’s unfair competition laws and intentional interference with prospective business advantage. The federal district court dismissed the case. eBay uses an auction system whereby the bidder submits the maximum amount he is willing to pay and eBay’s software enters bids on behalf of the bidder at predetermined […]
Access To Emails Of Public Officials & Employees On Their Private Accounts.
A man asserted a right to inspect specified written communications, including email and text messages, sent to or received by public official and employees on their private electronic devices using their private accounts. The appellate court said the issue is whether those private communications, which are not stored on City servers and are not directly […]
Diversity Issue: A National Bank Is Located Where Its Main Office Is.
Plaintiffs, citizens of California, filed an action against a bank in the California superior court. The bank’s main office is in South Dakota and its principal place of business is in California. The bank removed the action to a federal district court, asserting subject matter jurisdiction on the basis of federal questions and diversity of […]
Same Gender Sexual Harassment.
Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
Two Issues Decided: 1) Sophisticated User Doctrine Not A Complete Defense To Plaintiff’s Failure To Warn Claim; 2) Punitive Damages Issue To Go To Jury.
Plaintiff developed mesothelioma after being exposed to asbestos from brake and clutch repairs while operating services stations for 40 years. He brought an action against multiple defendants, alleging several causes of action. The matter proceeded to trial against Ford Motor Company only. A jury rendered a plaintiff’s verdict on negligence and product liability claims, and […]
Plaintiff Not Permitted To Voluntarily Dismiss To Avoid Adverse Decision.
Plaintiff’s opposition to a demurrer was filed late, and the court gave plaintiff two choices: (1) the court would strike the opposition and go ahead with the hearing; or (2) the court could continue the hearing and order plaintiff to pay any costs incurred as a result of the continuance plus attorney fees and have […]
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