Under 42 U.S.C. 1395y(b)(2)(B) (ii) a primary plan or an entity that receives payment from a primary plan shall reimburse Medicare once the primary plan’s responsibility has been demonstrated by a judgment or settlement. A federal judge in Arizona enjoined the Secretary of Health and Human Services from seeking up-front reimbursement of Medicare secondary payments from […]
Law Prohibiting Sexual Orientation Change Efforts Does Not Infringe On First Amendment Or Other Fundamental Rights.
The California Legislature passed a law banning state-licensed mental health providers from engaging in sexual orientation change efforts. In two cases, plaintiffs [National Association for Research and Therapy of Homosexuality and American Association of Christian Counselors, among others] sought to enjoin enforcement of the law, arguing it violates the First Amendment and infringes on several other […]
Athiest’s Case Reversed On The Issue Of Damages.
Plaintiff was placed on parole in 2007 after pleading no contest in a methamphetamine case. One of his parole conditions was that he attend and complete a 90-day residential drug treatment program. He advised parole and correctional officers he is an atheist, and requested placement in a non-religious program, but he was sent to a religious-based […]
For A Detective Reporting Abusive Interrogation Tactics, That Another Officer Engaged In, An En Banc Opinion Changes Everything.
Last year, we reported the following: “Whistleblowers Beware. . . Disclosures Made In The Course Of Official Duties Outside Protection Of First Amendment.” A detective reported that another officer engaged in abusive interrogation tactics. He was told to stop sniveling and was thereafter placed on administrative leave. He filed a civil rights action under 42 U.S.C. […]
No Saving Barry Bonds.
The first few paragraphs of the Ninth Circuit’s opinion explain the setting: “Barry Bonds was a celebrity child who grew up in baseball locker rooms as he watched his father Bobby Bonds and his godfather, the legendary Willie Mays, compete in the Major Leagues. Barry Bonds was a phenomenal baseball player in his own right. Early […]
Fair Use Under Copyright Law Includes Green Day’s Unauthorized Use Of Artist’s Illustration In Concerts.
An artist and illustrator created Scream Icon, a drawing of a screaming, contorted face. A defendant is a photographer who photographed a brick wall on Sunset Blvd. covered with graffiti and posters, including a weathered and torn copy of Scream Icon. That defendant was later engaged to create the lighting, effects and video backdrops for a rock […]
Morphed Images = Sex Offender Registration For Life.
Defendant was convicted of possession of child pornography and sentenced to 90 days in custody, 36 months probation, a $17,000 fine and must register in sex offender registration for life. On appeal, defendant claimed some of the photographs were innocent images of children which were digitally altered or “morphed,” which often means they were created by […]
Deaf Or Hard Of Hearing Students Want To Follow Along With Classroom Discussions.
Through their parents, two deaf or hard of hearing public education students in different parts of California requested help to follow classroom discussions through Communication Access Realtime Translation [CART], a word transcription service similar to court reporting in which a trained stenographer provides real-time captioning that appears on a computer monitor. In both situations, the school […]
Use Of Likeness Of College Athletes Not Protected By First Amendment.
Football players Samuel Keller, Edward O’Bannon, Jr., Byron Bishop, Michael Anderson, Danny Wimprine, Ishmael Thrower, Craig Newsome, Damien Rhodes and Samuel Jacobson brought a class action against a video game company asserting the company violated their right of publicity under Civil Code section 3344 and California common law. The video company moved to strike plaintiffs’ […]
Public Interest In Free Expression Outweighs The Public Interest In Avoiding Consumer Confusion.
Football player Jim Brown brought an action against the manufacturer of a video game that allegedly used his likeness in several versions of a game, for which he has never been compensated. The Lanham Act [15 U.S.C. § 1125(a) and § 43(a)] provides for a civil cause of action against: “Any person who, on or in […]
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