The informant formerly belonged to a group who perpetrated home invasions. The group dressed in law enforcement uniforms and used a stolen law enforcement battering ram to break down locked front doors. He informed on his associates and received a lighter sentence. Less than a month after his release, the informant was caught stealing, and offered […]
Trademark Infringement – Smoke Got In Their Eyes.
In a trademark infringement claim involving the vocal group, The Platters, the Ninth Circuit considered whether the likelihood of irreparable harm must be established, rather than presumed, by a plaintiff seeking injunctive relief in the trademark infringement context. The appeals court decided a showing was required and reversed the district court’s grant of an injunction. (Herb Reed […]
Where Man Was Subjected To Persecution In Russia Because He Is Homosexual Ninth Circuit Grants Review In Case.
The Board of Immigration Appeals dismissed a man’s appeal from an order denying his application for asylum. He contends he has a wellfounded fear of future persecution if he is removed to Russia because he is a homosexual. The immigration judge had concluded the man did not carry his burden of demonstrating the Russian government was […]
A Class Action Case Removed To Federal Court Stays There Absent Evidence The Matter Is One Of Local Controversy.
Plaintiff filed a class action against defendants in state court, alleging violations of various provisions of state law relating to automobile contracts. Defendants removed the matter to federal court. Presenting no evidence, but arguing the way the class was defined in the complaint supported the request, plaintiff requested the federal trial court to return the matter […]
Copyright And Intellectual Property.
The Copyright Act of 1976 provides that all civil actions must be brought within three years after the claim accrued. [17 U.S.C. § 507(b)]. The Ninth Circuit joined the Second and Sixth Circuits in deciding a statute of limitations issue in a copyright infringement suit. At the heart of the dispute is the ownership of three […]
Due Process Lacking In Gang Injunctions.
Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate […]
An Unconstitutional Search No Longer From Warrantless Entry Into Curtilage Of Home.
Case Reported Last Year On our Blog, Now Heard By U.S. Supreme Court. Last year, we reported the following: Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the curtilage of plaintiff’s home was […]
This One Goes Into Arbitration, Even The Request For An Injunction.
Plaintiffs allege a for-profit school misled prospective students in order to entice enrollment by misrepresenting the quality of education, its accreditation, the career prospects for its graduates and the actual cost of education. In their action, plaintiffs pray for both damages and injunctive relief. Pursuant to the school’s petition, based upon arbitration agreements contained in its […]
Ralphs Grocery Company’s Arbitration Agreement Found Unconscionable.
In her application for employment at a grocery chain, a woman signed an agreement to arbitrate any disputes. One of the provisions permits the grocery chain to unilaterally modify its arbitration policy without notice. Another specifies that each party must bear its own costs and fees. Another provides for a complicated procedure for selecting an arbitrator. […]
The Feres Doctrine Strikes Again.
The doctor of a pregnant servicewoman created a pregnancy profile for her, which imposed a number of restrictions on her activities such as “not carry and fire weapons, move with ‘fighting loads,’ engage in heavy lifting or physical training testing, or run/walk long distances.” Her supervisors ignored her pregnancy profile. She underwent an emergency procedure in […]
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