Plaintiff, in the United States Marine Corps, took out a mortgage in 2007. Between 2008 and 2011, he was called up to active duty overseas three times, and failed to make all of his mortgage payments. The loan servicer began foreclosure proceedings in 2009; it rescinded the notice of default in 2010, but not the associated […]
Stay Tuned CNN.
The Greater Los Angeles Agency on Deafness sued the Cable News Network, CNN, in federal court under California’s Disabled Persons Act [DPA; Civil Code section 54 et seq.] because the network does not caption all of the videos on its news web sites. After plowing through several constitutional issues and procedural matters, the Ninth Circuit requested […]
When Awarding Less Than Requested In Attorney Fees — District Court Must Explain Why.
Plaintiff requested $22,585 in attorney fees and costs, but the district court awarded only $14,268.50 without explanation. The Ninth Circuit reversed and remanded the matter, stating that it “requires that courts reach attorneys’ fee decisions by considering some or all of twelve relevant criteria set forth in Kerr v. Screen Extras Guild, Inc., (1975) 526 F.2d 67,” […]
Diversity Jurisdiction Alleged On Information And Belief.
Plaintiff filed an action in federal court asserting federal diversity jurisdiction. The trial court dismissed it without leave to amend because plaintiff failed to allege the citizenship of any of the defendants who are limited liability companies. The court did not accept a proposed amended complaint because plaintiff pled its jurisdictional allegations on information and belief. […]
Eliminating Credit Card Fees Nice Try!
A class of credit cardholders brought an action challenging fees, analogizing credit card fees to punitive damages imposed in the tort context, and arguing they were subject to the substantive due process analysis described in BMW of North America, Inc. v. Gore (1996) 517 U.S. 559, [116 S.Ct. 1589, 134 L.Ed.2d 809]. The Ninth Circuit concluded […]
“If You Haven’t Got Anything Nice To Say About Anybody Come Sit Next To Me.” Alice Roosevelt Longworth.
Plaintiff was appointed as a bankruptcy trustee. Defendant published blog posts on several websites “accusing [plaintiff and his financial group] of fraud, corruption, money-laundering, and other illegal activities in connection” with the bankruptcy of a company. According to the opinion, defendant “has a history of making similar allegations and seeking payoffs in exchanged for retraction.” Plaintiffs […]
Does Continuous Lighting Amount To Cruel And Unusual Punishment?
A Washington prisoner appealed the grant of summary judgment in favor of prison officials who placed him in a special unit where he was monitored every 30 minutes. In the unit, each single-inmate cell is illuminated with three four-foot-long fluorescent tubes. Two of the three may be turned off by the inmate, but one of them […]
Trading In Unregistered Stock.
The Securities and Exchange Commission disciplined a financial corporation for violating sections 59 and 5(c) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a) and 77e(c)] which prohibit the sale or offer of sale of a security without filing a registration statement. Petitioners argued to the Ninth Circuit that the brokers’ exemption applied to their […]
Permitting Expert Testimony A Judge Is Taken To Task For Leaving The Gate Unguarded.
In an asbestos action in federal court, a jury awarded damages totaling $10.2 million. An en banc Ninth Circuit vacated the judgment and remanded the matter for a new trial. The issue on appeal was the trial court’s permitting two expert witnesses to testify. The appeals court concluded: “The district court failed to make findings of […]
Prisoner’s Allegations Regarding Violations of Freedom Of Religion.
Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]
- « Previous Page
- 1
- …
- 7
- 8
- 9
- 10
- 11
- …
- 22
- Next Page »