In an Arizona sexual harassment case, a woman worked for a large mining and refining company. Her supervisor refused to train or help her when she refused his romantic overtures. He is six feet, two inches and weighs 350 pounds and would stand very close to her; she was afraid he would rape her. She complained […]
Fundamental Fairness And Your Tax Dollars At Work.
Undercover agent met with defendants with a story he was a cocaine courier who transported drugs for a group of Mexican drug dealers and was unhappy with the pay he was receiving. He said he was interested in robbing those Mexican drug dealers as retribution for his low pay. He recruited defendants to carry out an […]
Class Action Fairness Act Case Properly Removed.
In 2011, 137 named plaintiffs brought an action against 25 financial institutions in state court for deceptive mortgage lending, asserting various causes of action, including violation of the Class Action Fairness Act of 2005 [CAFA; Pub.L. No. 109-2, 119 Stat.4 (2005)]. Relying on the Class Action Fairness Act and 28 U.S.C. § 1332 (d)(11)(B)(i), one of the defendants […]
Equitable Tolling Available Under The Federal Tort Claims Act.
There is a conflict among the federal circuit courts whether the timing of suits against the United States government is jurisdictional or subject to equitable tolling. The Ninth Circuit joined with several other circuits in concluding 28 U.S.C. § 2401(b) is subject to equitable tolling under some circumstances. In the instant matter, the Ninth Circuit noted […]
Freedom Of Information Act Doesn’t Cover Everything.
Plaintiff is in the real estate business. After the U.S. Department of Housing and Urban Development [HUD] received complaints that plaintiff violated the law, plaintiff requested the names of the complainants under the Freedom of Information Act. HUD and the federal trial court invoked Exemption 6 of the Act, and redacted the names of the complainants […]
Case Of Guantanamo Bay Detainee Dismissed.
Plaintiff, a citizen of Sudan, alleged he was detained in Pakistan in 2002 by Pakistani security forces acting under the direction of an unknown American official. He claimed he was transferred to United States Military custody, first at Bagram Airfield in Afghanistan and then at Guantanamo Bay. In 2005, it was determined that, while he was […]
Civilization In A Society Can Be Judged By Seeing Its Prisoners. Fyodor Dostoevsky.
After the realignment of California prisons, the State of California contended it was absolved of previous requirements for violations of the rights of disabled inmates. The federal district court rejected the argument and ordered renewal of negotiations. Obviously frustrated with the present situation, the first paragraph of the Ninth Circuit’s opinion reads: “Since 1994, disabled state […]
Criminal Copyright Conviction Vacated.
Defendant was convicted of criminal copyright infringement and trafficking in counterfeit labels. The district court gave the following instruction: “An act is done ‘knowingly’ if the defendant is aware of the act and does not act through ignorance, mistake or accident. The government is not required to prove that the defendant knew that his act was […]
Group Homes? Not In My Back Yard.
“One of the wealthiest cities in the United States” passed an ordinance “which prohibits new group homes in most residential areas, requires existing group homes in those areas to submit to a burdensome permit process, and subjects those seeking to establish group homes in the limited areas in which they are permitted to operate to the […]
Plaintiff Passes Anti-SLAPP Hurdle For Torts Of Public Disclosure Of Private Fact, IIED & False Promise.
For a documentary, plaintiff, a police informant, provided an inside glimpse into a notorious street gang. He claims he agreed to speak on camera on condition his face would be concealed, and that he wore a hat and bandana to cover his face. He says the producer told him he didn’t need the disguise since the […]
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