Under the going and coming rule, travel to and from work ordinarily is not considered within the course and scope of employment, but travel undertaken as part of a special mission is. Here a prison employee would have ordinarily left work and traveled home after his regular shift ended at 10:00 p.m. on a Friday […]
Trial Court Lacked Authority To Decide Enforceability Of Arbitration Agreement.
Several years after she was hired, plaintiff signed an employment arbitration agreement. One of the agreement’s provisions stated: “The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any […]
Different Result In Similar Asbestos Case Decided A Few Weeks Later.
A case involving similar allegations was decided a few weeks later, this time with a different result. In the second case, it was the worker’s wife who was exposed to asbestos which adhered to her husband’s clothing when he worked for a railway during the 1970s. She sued on a theory of premises liability, contending […]
Privacy Rights Of Nonparty In Copyright Infringement Action.
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 […]
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” […]
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 […]
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 […]
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