Plaintiff, a stock photography agency, registered large numbers of photographs at a time. Plaintiff licensed a publishing company to use pictures it had registered, and brought an action against the publishing company based on the payment of inadequate fees. The district court dismissed the claims on the ground that the registrations of the photographs with […]
Certain Fire Department Employees Entitled To Standard Overtime.
Because of a statutory exemption in the Fair Labor Standards Act [29 U.S.C. § 207(a); FLSA], Los Angeles Fire Department firefighters do not receive overtime pay for work over 40 hours in a workweek, but only after working 212 hours in a 28 day period. Certain dispatchers and helicopter paramedics contend they are entitled to […]
Water Projects Halted; Southern And Central California Losing The Water Wars.
The Central Valley Project and the State Water Project “are perhaps the two largest and most important water projects in the United States. These combined water projects supply water originating in northern California to more than 20,000,000 agricultural and domestic consumers in central and southern California.” The source of the water is the lone habitat […]
Ninth Circuit Barred Removal Of Class Action Claim Against Employer.
Plaintiff brought a class action against his employer asking for civil penalties for failure to pay for overtime and provide for meal breaks and rest periods under California’s Private Attorneys General Act of 2004 [Labor Code §§ 2698-2699.5; PAGA]. His employer removed the action to the federal district court. The Ninth Circuit was faced with […]
Jury Properly Instructed Prison Dentist ’s Care May Be Considered In The Context Of Available Resources.
As soon as plaintiff arrived in prison, he sought dental care, complaining he had cavities and his gums were bleeding. He saw a dentist twice during the year, but was dissatisfied with the care he received and filed an action under 42 U.S.C. § 1983 for money damages against the prison dentist and others, claiming […]
Trademark Not Abandoned.
A bank acquired an insurance/financial services company and changed the name of the newly acquired company, but continued to display the former trademark in order to maintain the website and metatags and accept customer payments. A few years later, the bank did not renew registration of the trademark. Former employees of the company the bank acquired launched […]
Sad State Of First Amendment Affairs.
In past years, a high school saw violence on Cinco de Mayo when “Mexican students had been walking around with the Mexican flag,” and other students “hung a makeshift American flag on one of the trees on campus.” In 2010, during a break, a group of Mexican students asked the assistant principal “why the Caucasian […]
Another Pathetic Situation For A Mentally Ill Person.
A social worker contacted the police about a “gravely disabled” mentally ill woman he wanted transported to a mental health facility. The woman reacted violently when police entered her home. She grabbed a knife, threatened to kill the officers and told them she did not want to go to a mental health facility. Officers shot her […]
Class Action Against Credit Repair Organization.
Plaintiff brought a class action against defendant under 15 U.S.C. § 1679 (the Credit Repair Organizations Act; CROA). The federal trial court entered summary judgment in favor of defendant, reasoning defendant did not make any promises of credit improvement but instead promised to provide consumers’ credit score. The Ninth Circuit reversed, finding defendant is a credit […]
State Law Claims Are Not Preempted If They “Would Impose No Greater Burden Than Those Imposed By Federal Law.”
In a class action complaint, pleading violations of California’s consumer protection statutes, filed in federal court, plaintiff alleged the coating on sunflower seeds contained salt and that salt coating was not included in the sodium content per serving listed on the package. The district court granted defendant’s motion to dismiss. The Ninth Circuit reversed, stating: “The […]
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