A plaintiff suffers from Sjogren’s Syndrome, which has left her unable to produce saliva. As a result, she lost teeth, her gums deteriorated, and her bite collapsed. She is a Medicare beneficiary, and she received dental services to correct her problems. But the Secretary of The Department of Health and Human Services denied coverage [HHS]. The […]
Before The Time To Appeal Expires Look At The Forest As Well As The Trees!
In arguing about the content of a judgment after the trial court awarded damages for copyright infringement of a design, both sides argued about the appropriateness of an injunction. But the judgment issued by the court did not mention an injunction. Instead of appealing, the plaintiff filed a motion for a permanent injunction, which was denied […]
Arizona’s Abortion Law Held Unconstitutional.
Arizona passed a law that except in a medical emergency, abortion of a fetus determined to be of a gestational age of at least twenty weeks is prohibited. Three gynecologists who practice in Arizona filed suit in federal court seeking declaratory and injunctive relief against enforcement of the abortion statute. The district court denied relief. The […]
How Much Are Those Coupons Really Worth?
The federal district court approved a class action settlement in which class members were to receive coupons, and their lawyers were to receive cash. The Ninth Circuit reversed and remanded the matter to the district court, stating: “When a settlement provides for coupon relief, either in whole or in part, any attorney’s fee ‘that is attributable […]
“Merely Calling Someone A Copyright Owner Does Not Make It So.”
Defendants posted articles online without authorization, which articles were from a news journal. Plaintiff brought an action for copyright infringement. The district court dismissed the action because the plaintiff lacked standing, and the Ninth Circuit affirmed because the plaintiff was not the legal or beneficial owner of the copyright under 17 U.S.C. § 501(b). Righthaven LLC […]
The Buck Stops With The District Attorney, Not The State Of California.
A man who spent 24 years in prison after being convicted of murder because of the perjured testimony of a jailhouse informant, filed an action under 42 U.S.C. § 1983, claiming the Los Angeles County District Attorney’s Office failed to create any system for deputy D.A.’s handling criminal cases to access information pertaining to the benefits […]
Peanuts? Popcorn? First Amendment?
A Mayor proposed the city enter into an agreement with Immigration and Customs Enforcement [ICE] to have its police officers designated immigration agents. Members of the public were invited to comment at a City Council meeting. Jim Gilchrist, co-founder of the Minuteman Project, was one of the first speakers. At the conclusion of his remarks, Gilchrist […]
Approval Of Class Action Settlement Reversed.
A class action against credit agencies, which issued negative credit reports after debts were discharged, settled, and the district court approved the class action settlement. The Ninth Circuit reversed, explaining: “The settlement agreement, like others we have approved in the past, granted incentive awards to the class representatives for their service to the class. But unlike the […]
Rent Control In Mobilehome Park Not A Taking.
A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
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