Minutes before a scheduled surgery to repair an umbilical hernia, plaintiff’s operation was abruptly canceled by the anesthesiologist because she was HIV-positive, and the doctor was concerned for his own safety as well as the safety of the operating room staff. When her primary care physician scheduled the surgery, he had informed the surgeon that the […]
A Merger Of Title Does Not Always Result With The Union Of A Greater And Lesser Estate.
Seller of commercial property’ consisting of several buildings and covering an entire city block’ sold a portion of the property to buyer, which sale presented a predicament. Some of the buildings on the property straddled lot lines, and the sale did not effectuate a legal lot split to effectuate the parties’ intent to completely own certain […]
Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which entitles the airline to reimbursement if an employee recovers money from a third party. The […]
Civil Action For False Arrest, False Imprisonment And Malicious Prosecution Against Detectives And City To Go Forward.
A suspect was arrested for the attempted murder of a victim who was shot in the leg. At the preliminary hearing, the lead detective testified he and his partner interviewed the victim shortly after that shooting, that he showed the victim a photographic lineup which included the suspect, and that the victim circled the suspect’s photo […]
Complying With Grand Jury Subpoenas Stored Communications Act Protects Companies.
Yahoo! Inc., a digital media company, was served with a grand jury subpoena from a Georgia district attorney requiring the disclosure of any and all records regarding the identification of one of its users. Yahoo! complied, and the user brought a putative class action against Yahoo! claiming various statutory provisions, and because the information was produced […]
Violation Of Due Process? One Lawyer In Firm Represents Police Department While Another Advises City Council. Result?
A police officer once dated a woman who lives at an apartment complex which has a pool and Jacuzzi behind a locked gate. Seven or eight years after the relationship ended, he was spotted using the Jacuzzi by the woman he once dated. She called the police, and the police officer told the investigating officer he […]
Allegations In Complaint Do Not Amount To Judicial Admissions.
A law firm allegedly represented both buyer and seller in the sale of commercial property. The buyer borrowed more than half the purchase price and relied on rental income to make loan payments. After several months, the tenant stopped paying, and in the absence of rental income, the purchaser was unable to make loan payments. The […]
Jurors Were Not Asked “Is This Your Verdict?”
In a criminal case, the jury advised the bailiff a verdict had been reached. Once all were assembled in the courtroom, the court asked: “And ladies and gentlemen, I understand you’ve reached a verdict. Who is the foreperson?” A juror responded: “Yes sir.” The court asked the juror to hand the verdict forms to the deputy, […]
Court Acted Within Its Discretion In Renewing Restraining Order At The End Of Three Years.
In 2008, the superior court issued a three-year restraining order against defendant/appellant. At the end of the three years, the plaintiff/respondent requested a renewal of the restraining order, and defendant/appellant opposed the request. In 2011, the court renewed the order, this time until 2016. The appellate court affirmed the order of the trial court, noting that […]
Not All Venue Selection Clauses Are Contrary To Public Policy.
A wholesale food distributor with its principal place of business in San Diego contracted with a restaurant chain and entered into a “Master Foodservice Distribution Agreement” [MFDA]. The MFDA contained a venue selection clause stating “any litigation related to or arising from this Agreement may be brought in a state or federal court located within Orange […]
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