Plaintiff Ricky Ross brought an action against defendant for misappropriating his name and identity. Plaintiff Ricky Ross first made a name for himself by selling cocaine; at the height of his operation, he sold as much as $3 million worth of cocaine a day. Meanwhile, defendant, a former correctional officer, used the stage name Rick Ross […]
Potato, Potahto, Tomato, Tomahto. . . Let’s Call The Whole Organic Thing Off.
A class representative plaintiff brought an action against a grower for allegedly mislabeling products as organic. Based on a preemption analysis, the trial court granted defendant’s motion for judgment on the pleadings. The appellate court affirmed, holding the Organic Food Production Act of 1990 [OFPA; 7 U.S.C. § 6501] precludes private enforcement through state consumer lawsuits […]
Twister Interferes With Clear Sailing Agreement.
The parties entered into a settlement agreement containing a “clear sailing” provision, which allowed class counsel to seek an award of attorney fees and incentive payment from the trial court with the assurance that defendant would not oppose, if the amount sought was less than or equal to an agreed amount. An additional clause required class […]
New Trial Granted In Product Liability Case With Sophisticated User Defense.
Plaintiff, a maintenance worker, was using a power drill to drill a hole in a piece of angle iron when the drill bit bound and the drill counter rotated, twisting his arm and causing serious injuries. His theory at trial was that the drill should not have been used without a side handle, and that it […]
Shine The Light Law.
Civil Code § 1798.83 [STL; The Shine The Light Law] and Business and Professions Code § 17200 [UCL; The Unfair Competition Law] were at issue in a matter where plaintiff, an internet subscriber who wanted to engage in fantasy football, baseball and basketball, provided his name, email address, date of birth and zip code on the website, […]
Dementia Is A ‘Mental Disorder’ Under The LPS Act.
An 83-year-old man shot and killed the handyman who came to fix the garbage disposal. He was charged with murder and he was found to be incompetent to stand trial. Doctors reported he suffered from “dementia of the Alzheimer’s type.” The superior court ordered the public guardian to petition for a conservatorship and to act […]
If You Shoot At The King, Best Not To Miss.
On March 18, 2013, the clerk of court notified the parties their case was assigned to a certain judge. On April 3, counsel for one of the parties faxed an affidavit of prejudice concerning that judge pursuant to Code of Civil Procedure section 170.6 to the court’s “central fax filing office.” On May 14, counsel inquired about […]
Thought And Attention Needed For Calculating Time To File An Appeal.
The court granted defendant’s motion for summary adjudication on June 27, 2012. On September 10, 2012, plaintiff filed a request for dismissal of the remaining causes of action. On April 16, 2013, a “Judgment by the Court Under Code of Civil Procedure section 437c” was filed by plaintiff. On May 6, 2013, plaintiff filed a notice […]
Obstruction Of Easement.
An easement for ingress and egress across property was granted in 1942. More than 60 years later, plaintiff began improvements to the easement to gain easier access to plaintiff’s property, and defendant complained about the work being done on his property. A stop-work order was issued and plaintiff’s permit was revoked. Defendant refused to sign an agreement […]
Intentional Interference Or “Never Attempt To Win By Force What Can Be Won By Deception.” Niccolo Machiavelli.
A Japanese corporation developed a drug to treat pulmonary arterial hypertension [PAH]. The company entered an agreement/license with a California-based company to develop and commercialize its drug in North America and Europe. Meanwhile, a Swiss corporation acquired the California-based company. BTW, did I mention the Swiss company also markets a drug to treat PAH? Once it […]
- « Previous Page
- 1
- …
- 50
- 51
- 52
- 53
- 54
- …
- 105
- Next Page »