The Age Discrimination in Employment Act [ADEA, 29 U.S.C. §621, et seq.] prohibits an employer from discharging an employee who is over forty years of age because of the employee’s age. The district court dismissed a complaint alleging plaintiff was at least forty years old; her performance was satisfactory or better; she received consistently good […]
Abortion Prosecution.
In a small town in Idaho, where abortion facilities are unavailable, an unemployed, unmarried woman with three children, ages 2, 11 and 18, ordered medication for a medication-induced abortion over the internet. The local prosecutor filed a felony complaint against her. The woman faced up to five years in prison. Four months later, the felony […]
Summary Judgment Reversed In Foreclosure Case.
Plaintiff alleges she realized something was wrong with the loan on her home when she saw her signature was forged on a few of the loan documents. She hired a handwriting expert who confirmed some of the documents were not signed by her. She immediately brought the issue to the attention of the lender savings […]
Commissioner Runs Against Judge And Loses, Both The Election And Her Job.
A temporary court commissioner challenged a sitting judge in an election and lost. Shortly thereafter, the executive committee of the superior court adopted a policy which rendered the commissioner ineligible to serve as a commissioner. After she lost her job, she brought a civil rights action under 42 U.S.C. §1983 alleging the policy was enacted […]
He Broke The Sound Barrier, But Not The Statute Of Limitations Barrier.
Plaintiff, a recognized figure in aviation history, brought an action in 2008 for invasion of privacy against persons who sell aviation-related memorabilia who posted information about plaintiff on their website in 2003. The district court granted summary judgment on the issue of statute of limitations. The Ninth Circuit affirmed, stating: “Yeager argues that the website […]
Usual Legal Rate Of Interest Not Used In Criminal Forfeiture Proceeding.
A criminal defendant was convicted of various drug charges. The police confiscated a lot of drugs and $10,153.38 in cash from his hotel room. The man claimed he earned the cash by selling candy, cigarettes and sodas from his room. In forfeiture proceedings, he was awarded $12,601.33, which represents the money seized plus the interest […]
Restaurant Obviously Didn’t Like The A.D.A. Suit.
A disabled man filed a complaint for damages and permanent injunctive relief against a restaurant because of alleged violations of the Americans with Disabilities Act [42 USC §12182(b)(2).] The restaurant filed a general denial and a cross-complaint alleging the disabled man and his attorney were liable under Government Code §12651(a)(7) of the California False Claims […]
“Boundary By Agreement” Doctrine Does Not Apply.
The parties own contiguous pieces of property with a common boundary of approximately 1,300 feet. Plaintiff’s fence does not run all the way to the boundary line, and defendant’s almond orchard encroaches on a portion of plaintiff’s property. Defendant contended the fence established the boundary under the doctrine of “boundary by agreement.” The trial court […]
No Fourth Amendment Violation For Seizing Baby.
A mother took her baby to an emergency room when she had a high fever, was lethargic, not eating properly and looked ill. Doctors were concerned about meningitis. The baby’s mother was “hysterically crying” and refused to give consent for medical personnel to treat the baby. Doctors opined the baby was in imminent danger of […]
No Fourth Amendment Violation For Tasing Suspect To Death.
In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of […]
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