Plaintiff sells the only style of toner cartridges that work with the company’s laser printers, but ‘remanufacturers’ acquire and refurbish used plaintiff’s cartridges to sell in competition. Thus, plaintiff gives its customers a discount on new cartridges if they agree to return empty cartridges to plaintiff. Each cartridge has a microchip that disables the empty […]
Kids Burning Bridges Behind Them.
After admitting he smoked marijuana shortly before coming to school, a student was transferred to a continuation high school during his senior year. He sought a writ of administrative mandate in the superior court, which the court denied. On appeal, he contended Education Code section 48432.5 demands reasonable exhaustion of all other means of correction […]
Two Issues: Substantial Factor Analysis In Product Case And Whether There Should Be A Setoff Due To Potential For Future Settlements.
Plaintiffs’ decedent died from mesothelioma caused by asbestos exposure. After trial, a jury found defendant was ten percent (10%) responsible for plaintiffs’ damages. On appeal, defendant argued: (1) plaintiffs failed to introduce expert testimony that defendant’s asbestos alone (as opposed to acting in combination with others’ asbestos) constituted a substantial factor in the development of […]
Component Parts Doctrine.
In the underlying action, plaintiffs, husband and wife, asserted claims against defendants for injuries to husband allegedly resulting from his decades-long work as a mold maker and machine operator at a foundry. While employed, the husband worked with and around metals, plaster and minerals supplied by defendants. Plaintiffs’ complaint for negligence, negligence per se, strict liability, […]
Department of Homeland Security Government Runaround?
Petitioner, an American citizen who was born in Iran, was subjected to lengthy stops at the border when coming into the USA. He wrote a letter to the Department of Homeland Security [DHS] asking whether or not his name appears on a government terrorist watchlist, and how he can have it removed if his name […]
Litigation Privilege Protects Lab From Erroneous Paternity Results.
A laboratory conducted DNA paternity testing for a county as part of a paternity proceeding in superior court against a man who is a plaintiff in the instant civil action for negligence against the lab. The results were wrong, and unknown to the family for years. The superior court dismissed the lawsuit against the lab […]
Statute Of Limitations In Employment Application Does Not Override FEHA Or Common Law That Otherwise Provides.
Plaintiff brought an action against her former employer alleging claims under the Fair Employment and Housing Act [Government Code section 12900; FEHA] and two nonstatutory claims. The employer moved for judgment on the pleadings based on plaintiff’s signed application for employment where she agreed that “any claim or lawsuit . . . must be filed […]
It Would Be Wise To Perform Under A Transfer Disclosure Statement [TDS] Yourself If You Want To Sue Under A Contract.
This case involves “mixed use” property, or property improved for both residential and commercial buildings. Plaintiff is the seller, who sued the buyer for breach of a real estate purchase agreement. The trial court granted summary judgment in favor of the buyer because the seller, as a matter of law, was required to deliver a […]
Ninth Circuit Reversed, Based On Longstanding Copyright Practices.
Plaintiff, a stock photography agency, registered large numbers of photographs at a time. Plaintiff licensed a publishing company to use pictures it had registered, and brought an action against the publishing company based on the payment of inadequate fees. The district court dismissed the claims on the ground that the registrations of the photographs with […]
Certain Fire Department Employees Entitled To Standard Overtime.
Because of a statutory exemption in the Fair Labor Standards Act [29 U.S.C. § 207(a); FLSA], Los Angeles Fire Department firefighters do not receive overtime pay for work over 40 hours in a workweek, but only after working 212 hours in a 28 day period. Certain dispatchers and helicopter paramedics contend they are entitled to […]
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