Section 1 of the Federal Arbitration Act exempts employment contracts of a class of workers engaged in interstate commerce. The determination whether this exemption applies must be made by the court, not by the arbitrator. Van Dusen v. U.S. District Court (9th Cir.; July 27, 2011) 654 F.3d 838, [17 Wage & Hour Cas. 2d […]
Child Support Is Owned By The Children.
After mother was convicted of various charges based, in part, on failure to pay a foreign citizen whom she arranged to immigrate based on a fraudulently obtained visa, the court ordered her to pay the foreign citizen restitution based on the value of the services performed. In the restitution order, the court ordered mother to […]
Shooting With Gun Instead Of Taser.
Police officer shot and killed an arrestee believing a Glock semiautomatic pistol was a stun gun. The deceased’s family filed suit under 42 U.S.C. §1983 and the trial court granted summary judgment. Both weapons were black, of similar size and weight and placed closely on the holster. Once before the fatal shooting, the officer mistakenly […]
Warrantless Entry Into Curtilage Of Home Was An Unconstitutional Search.
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 cartilage of plaintiff’s home was justified by his pursuit of a suspect “who had committed at most a misdemeanor offense by failing to stop […]
Denial Of Conjugal Visits Claimed To Interfere With Prisoner’s Practice Of His Religion.
A state prisoner asserts that denials by prison officials of his request for conjugal visit with his wife violated the Religious Land Use and Institutionalized Persons Act and the First Amendment by interfering with his practice of a tenet of his Islamic faith requiring him to marry, consummate his marriage, and father children. The district […]
No Medical Evidence Supports Denial Of Benefits By Railroad Retirement Board.
The United States Railroad Retirement Board denied an application for benefits under the Railroad Retirement Act [45 U.S.C. §231a] which provides an annuity for disabled children of railroad workers. To qualify for benefits, the child must have been disabled prior to the age of 22 and remained continuously disabled through the time of the application […]
Even Though Expert Had Previously Testified In Asbestos Cases, A Daubert Hearing Was Required.
An expert witness testified in federal court that a plaintiff’s exposure to asbestos for 20 years at a paper mill caused his mesothelioma. The defendant filed a motion in limine to exclude the expert testimony, which the trial court denied because the doctor had previously testified in other asbestos cases. A jury awarded $10,200,000 to […]
What He Said To The IRS Didn’t Stay With The IRS.
A man had business dealings in both the United States and Japan. Representatives from the Internal Revenue Service [IRS] and Japan’s National Taxing Authority [NTA] held a meeting in 1996 to discuss the man’s taxes. During that meeting, they disclosed information to each other, but the man knew nothing about the meeting or the disclosures […]
Don’t Call Me At Home Either.
In a class action, a plaintiff argues that a series of automated telephone calls placed to his home by Best Buy violated the Telephone Consumer Protection Act [TCPA, 47 U.S.C. §227]. The district court granted summary judgment for Best Buy and the Ninth Circuit reversed, rejecting Best Buy’s argument the calls were informational only. Chesbro […]
Injunction Against Using Automatic Dialer To Call Cell Phones.
The district court granted a preliminary injunction motion and provisional class certification restraining a debt collection service from using an automatic dialer to place calls to debtors’ cellular telephones. The Ninth Circuit affirmed, finding the plaintiff demonstrated irreparable harm due to invasion of consumers’ rights of privacy under the Telephone Consumer Protection Act [TCPA, 47 […]
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