A federal district court granted Shell Offshore, Inc. a preliminary injunction against Greenpeace, Inc., a California corporation, showing there is a likelihood of success on the merits of its claim that Greenpeace USA would commit tortious or illegal acts against Shell’s Artic drilling operation in the absence of an injunction and that the resulting harm would […]
Even Though Disabilities Not Apparent And ADA Not Violated, Airline Faces Suit Under State Statutes.
Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance. Among her allegations: “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and […]
Judicial Error Harmless.
Shortly after a hearing, an administrative law judge [ALJ] was contacted by an FBI agent who said the claimant was faking his physical injuries. The ALJ disclosed the ex-parte contact to claimant’s lawyer, who objected to any weight being given to the information unless there was a supplementary hearing wherein the FBI agent could be cross-examined. […]
Marijuana Users Not Protected By The Americans with Disabilities Act [ADA].
Severely disabled residents of two California cities were authorized by doctors to use marijuana for medical purposes. Use of marijuana is permitted under California law, but prohibited under federal law. The Ninth Circuit decided the individuals covered under the Americans with Disabilities Act [ADA] do not include persons engaged in the illegal use of drugs. James […]
No Copyright Infringement Over A Seven-Second Clip From The Ed Sullivan Show.
At the end of the first act of the musical Jersey Boys, a seven second clip from the old Ed Sullivan show is shown on a screen. The clip was used without permission of the holder of the license who brought an action for copyright infringement. The musical’s production company claimed their use of the clip amounted to […]
Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.
Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political […]
Under Oath In Qualified Immunity Case.
A city employee was subpoenaed for her deposition in a civil rights case filed by a former employee. The deponent testified the assistant police chief was critical of the former employee. The deponent was fired and she sued alleging retaliation in violation of her First Amendment rights. The trial court denied the assistant police chief’s request […]
Special Topping At Burger King Causes Emotional Distress Absent Physical Injury.
Plaintiff brought an action for damages after he was served a hamburger at Burger King tainted with a glob of saliva later traced by DNA back to an employee. The district court dismissed because Washington law does not permit relief for emotional distress absent physical injury. The Ninth Circuit reversed the grant of summary judgment and […]
Calculating Costs And Attorney’s Fees District Court Told To Do Its Math.
In a civil rights case, the district court vacated an award for attorney fees and reduced it from $3.2 million to $500,000, and reduced costs sought from $900,000 to $100,000 without explanation. The Ninth Circuit reversed, stating: “While it identified the correct rules, it provided no explanation for how it applied those rules in calculating the […]
First Amendment Rights: Plaintiff Talked Himself Into Jail, And The Officer Talked Himself Into A Lawsuit.
In a per curiam opinion, the Ninth Circuit reversed the grant of summary judgment to a police department in Washington and against the plaintiff, who was arrested, and later acquitted of violating a noise ordinance. On the way to the station, the plaintiff asked the officer why he was being arrested, and the officer responded: “The […]
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