One-year-old died after receiving his vaccine shot. His parents received $250,000 compensation from a government fund, and then brought action against the manufacturer of the vaccine. The federal district court dismissed the action on a motion for summary judgment, finding the claim was foreclosed by the National Childhood Vaccine Injury Act [42 U.S.C. § 300aa-22]. […]
No Qualified Immunity For Sheriff’s Officers; Question Of Fact Whether Fourth Amendment Violation.
A woman was shot in the jaw by her husband. Paramedics determined she needed to be transported by air ambulance, and had her in an ambulance to take her to the landing zone. A police sergeant at the scene refused to let the ambulance leave immediately because he viewed the area as a crime scene […]
Abortion Prosecution.
In a small town in Idaho, where abortion facilities are unavailable, an unemployed, unmarried woman with three children, ages 2, 11 and 18, ordered medication for a medication-induced abortion over the internet. The local prosecutor filed a felony complaint against her. The woman faced up to five years in prison. Four months later, the felony […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]
Restaurant Obviously Didn’t Like The A.D.A. Suit.
A disabled man filed a complaint for damages and permanent injunctive relief against a restaurant because of alleged violations of the Americans with Disabilities Act [42 USC §12182(b)(2).] The restaurant filed a general denial and a cross-complaint alleging the disabled man and his attorney were liable under Government Code §12651(a)(7) of the California False Claims […]
School District Shouldn’t Keep Secrets.
On May 10, a school district denied a claim made regarding a six-year old, but when it mailed notice of the denial on June 9, it did not include the date the claim was denied. When the plaintiff petitioned under Government Code § 946.6 to file a late claim on December 3, a petition which […]
No Domestic Partnership Prior To Death, No Survivor Benefits.
On a Saturday morning, two people completed a notarized declaration of domestic partnership. That afternoon, one of them died. The following Monday, the survivor filed the declaration with the Office of Secretary of State. Thereafter, the survivor applied for the decedent’s state pension survivor benefits. The administrative board of the state pension system ruled the […]
Wal-Mart Supercenter Coming Soon.
A citizens group convinced the trial judge to invalidate a city’s approval for a retail store project. The Court of Appeal reversed, finding inter alia the failure of the notice of public hearing to include the planning commission’s recommendation of approval did not require the plan be set aside. Rialto Citizens for Responsible Growth v. […]
P.J. Should Not Have Cancelled Court Reporter Ordered By Another Judge.
Presiding Judge of Trinity County Superior Court was publicly admonished for cancelling a court reporter ordered by another judge “in an effort to ‘prompt Judge Woodward to engage in a dialogue about court expenses.’” Public Admonishment of Judge Anthony C. Edwards (February 7, 2012).
Real Estate Department Must Pay For Broker’s Fraud.
Plaintiffs obtained a judgment for $280,000 against their broker after four fraudulent real estate transactions. Plaintiffs applied with the Department of Real Estate Recovery Account to pay what they could not collect from their broker. The Department paid $50,000 and denied the Remainder, Finding Some Of The Transactions Were Based On The Broker’s Breach Of […]