A Chinese citizen testified in an immigration hearing she found she was pregnant with her second child one month after her husband’s death and was forced to have an abortion. She also testified that during a Christian service at her home in China, police raided her home and arrested her and the other home church attendants. […]
Why Did The Mushroom Go To The Party? Because he’s a . . .
In a trademark infringement action, a wholly owned subsidiary of a Japanese company brought an action against another company for violating its rights to marks under which it markets its Certified Organic Mushrooms, which are produced in the USA. Plaintiff claimed defendant wrongly imported and marketed mushrooms under its marks for Certified Organic Mushrooms, but which […]
En Banc Opinion Changes Everything. No Fourth Amendment Protection In Hotel Registry Records.
Last year, we reported the following: No Fourth Amendment Protection In Hotel Registry Records. A Los Angeles City ordinance requires hotel operators to maintain certain registry information concerning guests, including their names, addresses and vehicle information, and to make the information available to police officers upon request. Motel operator challenged the ordinance, arguing it amounted to an unreasonable […]
Arbitration Term Unenforceable.
The Ninth Circuit decided an arbitration agreement that eliminates all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act [FAA; 9 U.S.C. § 10(a)], is not enforceable. (In re Wal-Mart Wage and Hour Employment Practices Litigation (Ninth Cir.; December 17, 2013) (Case No. 11-17718).
Arbitration: But Don’t Click On The Orange Button!
Class action plaintiffs claimed they were scammed on the internet after giving their credit card information. Allegedly unbeknownst to plaintiff, instead of making a one-time purchase, he somehow agreed to pay $19.95 a month. The internet company moved to compel the matter into arbitration, contending that the named plaintiff “agreed to arbitration by clicking the orange […]
Federal Arbitration Act (FAA) Grounds To Review Arbitration Awards Are Exclusive And Non-Waivable.
In In re Wal-Mart Wage and Hour Employment Practices Litigation, (Ninth Cir.; December 17, 2013) (Case No. 11-17718) the class action plaintiffs’ attorneys quarreled over how to allocate a $28 million fee and agreed to submit the dispute to “binding, non-appealable arbitration.” After the arbitrator rendered his award, some of the attorneys remained dissatisfied and moved to […]
The Telecommunications Act of 1996 “TCA”: What Do You Say To A Telephone Company When It Wants To Install An Antennae In A City Park? “Hi, My Name Is NIMBY.”
Cities have authority to enter into licenses of city-owned property. But in 1990, a charter city passed a measure which amended the city charter to place limits on the use of city-owned property: “No. . . structure costing more than $100,000 may be built on or in any park or beach or portion thereof . . […]
Still Pursuing Art Stolen By Nazis.
Plaintiffs allege their ancestors “were a well-known Jewish family that played a prominent role in Germany’s economic and cultural life” and purchased a painting of artist Camille Pissarro in 1898. As a condition to leaving Germany in 1939, the family was required to surrender the painting to the Nazis. In 1943, the painting was sold to an […]
Foreign Sovereign Immunities Act (FSIA) Decision Reversed By Ninth Circuit En Banc.
Last year we reported the following: No Jurisdiction. Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through […]
Unexpected Consequences In Removing Employment Case To Federal Court.
Plaintiff brought a discrimination action against her employer under California’s Fair Employment and Housing Act [FEHA; Government Code section 12900]. Defendant removed the action to federal court on the basis of diversity of citizenship. A jury awarded plaintiff $27,280 for gender discrimination, and the court awarded $697,971.80 for attorney fees. The sole basis of the employer’s […]
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