In 1989, plaintiff contracted spinal meningitis, resulting in the amputation of both hands at the wrists and both legs below the knees and was fitted for prostheses which were covered under her father’s insurance plan. Able to live independently with the prostheses, she was later covered under her employer’s medical insurance plan. In 2009, her […]
Zynga Game Network: Can’t Assume What You Do In Private Is Private.
Plaintiffs brought actions under the Wiretap Act [18 U.S.C § 2511(3)(a)] and the Stored Communications Act [18 U.S.C §2702(a)(2)], alleging that Facebook, a social networking company, and Zynga Game Network, a social gaming company, disclosed confidential user information to third parties. The district court dismissed their claims with prejudice, and the Ninth Circuit affirmed, finding […]
A Case Where A Contractor’s License Was Not Required.
The project is the ICE [U.S. Immigration and Customs Enforcement] perimeter fence in El Centro. The prime government contractor brought in a subcontractor, and the subcontractor brought in a sub-subcontractor. The sub-subcontractor received only partial payment and the subcontractor was fired. The sub-subcontractor filed a complaint invoking its rights under 40 U.S.C. § 3131-3134 [Miller […]
Government Ordered To Pay Attorney Fees In Social Security Case.
The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the […]
Sexual Assault From The Halls Of Montezuma To A Class At Middle School
Two months before the United States Marine Corps assigned a Marine to speak at a middle school on Career Day, the Marine had been court-martialed for the sexual assault of three female members of the Corps. The result of the court-martial was that he was retained in the Corps and assigned to recruitment detail awaiting […]
“A Nation Of Sheep Will Beget A Government Of Wolves,” Edward R. Murrow.
A superior court refused to provide prompt access to newly filed unlimited civil complaints, making a news service wait days or weeks until the documents are fully processed. The news service brought an action for declaratory relief in federal court, and the trial judge declined to decide the matter because it implicates sensitive state interests. […]
Grant Of Summary Judgment Reversed Because Trial Court Erred In Not Admitting Plaintiff’s Causation Testimony.
Plaintiff was treated with the drug Zometa for several months after a diagnosis of breast cancer and chemotherapy. She was thereafter treated for osteonecrosis of the jaw by two oral specialists. Following the dental treatment, plaintiff brought an action against the manufacturer of Zometa, and in that pursuit offered the testimony of an expert on […]
eBay’s Bidding System Does Not Violate California’s Unfair Competition Laws.
Plaintiff filed a class action against eBay, alleging violation of California’s unfair competition laws and intentional interference with prospective business advantage. The federal district court dismissed the case. eBay uses an auction system whereby the bidder submits the maximum amount he is willing to pay and eBay’s software enters bids on behalf of the bidder at predetermined […]
Diversity Issue: A National Bank Is Located Where Its Main Office Is.
Plaintiffs, citizens of California, filed an action against a bank in the California superior court. The bank’s main office is in South Dakota and its principal place of business is in California. The bank removed the action to a federal district court, asserting subject matter jurisdiction on the basis of federal questions and diversity of […]
Department of Homeland Security Government Runaround?
Petitioner, an American citizen who was born in Iran, was subjected to lengthy stops at the border when coming into the USA. He wrote a letter to the Department of Homeland Security [DHS] asking whether or not his name appears on a government terrorist watchlist, and how he can have it removed if his name […]
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