In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his […]
Class Action Against Company Over Pension Plan To Go Forward.
After the value of a manufacturing company’s common stock fell, plaintiffs filed a class action under the Employee Retirement Income Security Act [ERISA; 29 U.S.C. § 18] against the company and its board of directors, alleging defendants breached their fiduciary duty under ERISA. The federal district court dismissed the company on the ground it was […]
Stolen Veterans Benefits And Valor.
A defendant served in the U.S. Marines a little over a year after the Korean War ended. His discharge document, known as a DD-214, states “N/A” with regard to medals awarded and wounds sustained. More than 40 years later, he filed a claim for Post-Traumatic Stress Disorder [PTSD], claiming he suffered PTSD as a result […]
Previously We Reported: No Common Law Duty For Businesses To Have Defibrillators Available.
A woman suffered a cardiac arrest while shopping at Target. Paramedics took several minutes to arrive and then maneuver through the store, and were unable to revive the woman. The woman’s family filed an action in state court, and Target removed it to federal court. The suit contends that Target breached the duty of care […]
Woman To Be Thrown Out Of U.S. For Using False Social Security Number.
A woman who is a native and citizen of Mexico petitioned to cancel the order to remove her from this country after she used a false Social Security number. She argued her intention was not nefarious and that she used the number only to obtain employment. The Ninth Circuit denied her petition, pointing out that […]
Use Of Handcuffs On 6th Grader With ADHD Violates Fourth Amendment.
An 11-year-old child with attention-deficit and hyperactivity disorder [ADHD] was sitting in a school playground being nonresponsive to teachers. The boy forgot to take his medications that morning and was right next to a busy thoroughfare. Police were called. The dispatcher broadcast the school had “an out of control juvenile.” School authorities told police the […]
“No Person In The United States Shall, On The Basis Of Sex, Be Excluded From Participation In, Be Denied The Benefits Of, Or Be Subjected To Discrimination Under Any Educational Program Or Activity Receiving Federal Financial Assistance.” Title IX. [Signed into law by Pres. Nixon on June 23, 1973.]
A class action was filed against a high school alleging unlawful sex discrimination by providing female students with unequal opportunities in athletic programs, inequitable practice and competitive athletic, locker and storage facilities in violation of Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681]. In opposing plaintiff’s opposition to partial summary judgment, […]
Dismissal Reversed In Case Where Website Owners Did Not Warn User Of Rapists.
Plaintiff is an aspiring model who posted information about herself on a networking website for models. In her action against the website owners, she alleges that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. She also alleges that […]
Goodbye Tension, Hello Pension….Retirement Income Not!
When DHL acquired Airborne Express, it began to merge the two companies’ retirement plans. Before the merger, Airborne employees were able to transfer the entire balance of a Profit Sharing Plan to the Retirement Income Plan upon retirement, and would be entitled to at least $5,000 monthly from the Retirement Income Plan, while leaving nothing […]
Navy’s Surveillance Information Suppressed.
A special agent of the Naval Criminal Investigative Service [NCIS] found evidence of internet activity involving child pornography and turned the information over to civilian authorities. A man was then arrested, convicted and sentenced to 18 years in prison for possessing and distributing child pornography. A federal district court refused to suppress the evidence, and […]
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