Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through a gap in the platform and […]
Plaintiff, Released After 19 Years In Prison, Given Leave To Amend To Allege Coerced Confession In Violation Of His Fifth Amendment Rights.
Plaintiff was 18 in 1984 when he witnessed a drive-by shooting. Under police protection for months, he testified for the prosecution. During those months, plaintiff formed a friendship with a detective who became a father figure to him. The next year, plaintiff and other neighbors gathered to watch police activity when two people in the […]
Claim Against Drug Company Dismissed.
One-year-old died after receiving his vaccine shot. His parents received $250,000 compensation from a government fund, and then brought action against the manufacturer of the vaccine. The federal district court dismissed the action on a motion for summary judgment, finding the claim was foreclosed by the National Childhood Vaccine Injury Act [42 U.S.C. § 300aa-22]. […]
Facebook Class Action Settlement Approved.
Facebook launched a program called “Beacon” which updated a member’s profile to reflect actions the member took on websites belonging to companies contracting with Facebook. Thus, for example, if a member rented a movie through the participating website Blockbuster.com, Blockbuster would transmit information about the rental to Facebook, and Facebook would broadcast that information to […]
No Qualified Immunity For Sheriff’s Officers; Question Of Fact Whether Fourth Amendment Violation.
A woman was shot in the jaw by her husband. Paramedics determined she needed to be transported by air ambulance, and had her in an ambulance to take her to the landing zone. A police sergeant at the scene refused to let the ambulance leave immediately because he viewed the area as a crime scene […]
Abortion Prosecution.
In a small town in Idaho, where abortion facilities are unavailable, an unemployed, unmarried woman with three children, ages 2, 11 and 18, ordered medication for a medication-induced abortion over the internet. The local prosecutor filed a felony complaint against her. The woman faced up to five years in prison. Four months later, the felony […]
Commissioner Runs Against Judge And Loses, Both The Election And Her Job.
A temporary court commissioner challenged a sitting judge in an election and lost. Shortly thereafter, the executive committee of the superior court adopted a policy which rendered the commissioner ineligible to serve as a commissioner. After she lost her job, she brought a civil rights action under 42 U.S.C. §1983 alleging the policy was enacted […]
He Broke The Sound Barrier, But Not The Statute Of Limitations Barrier.
Plaintiff, a recognized figure in aviation history, brought an action in 2008 for invasion of privacy against persons who sell aviation-related memorabilia who posted information about plaintiff on their website in 2003. The district court granted summary judgment on the issue of statute of limitations. The Ninth Circuit affirmed, stating: “Yeager argues that the website […]
No Fourth Amendment Violation For Seizing Baby.
A mother took her baby to an emergency room when she had a high fever, was lethargic, not eating properly and looked ill. Doctors were concerned about meningitis. The baby’s mother was “hysterically crying” and refused to give consent for medical personnel to treat the baby. Doctors opined the baby was in imminent danger of […]
No Fourth Amendment Violation For Tasing Suspect To Death.
In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of […]