A drug company patented a drug [drug company #1] and a generic drug manufacturer [drug company #2] filed applications for generic drugs modeled after the patented drug. #1 brought an action against #2 claiming patent infringement. After the Food and Drug Administration approved the generic product, #1 and #2 entered into a settlement whereby #2 […]
Doctrine Of Collateral Estoppel Applied To Malicious Prosecution Claim.
A man tried to cash some checks at a bank, but the bank refused. The situation evolved into bank employees calling the police and the man being arrested for making a criminal threat. Although the magistrate in the man’s preliminary hearing found the man lacked credibility, a jury acquitted the man on the criminal charges. […]
Statement Of Damages Doesn’t Count When It’s Not An Action For Personal Injury Or Wrongful Death.
Plaintiff sued for retaliation in violation of various Labor Code statutes. The complaint, itself specified only a civil penalty of $10,000 but did not otherwise specify the amount of damages. On the other hand, the statement of damages prayed for many zeroes. A default judgment for $129,673.48 plus costs and attorney fees was entered against […]
Your Tax Dollars At Work; State Agency EDD Ordered [Once Again] To Pay A Man His Unemployment Insurance . . .[Editor’s Note: No Wonder Poor People Have Trouble Finding Representation].
The man’s work shoes were still in good shape, so he decided to donate his $150/year work shoe allowance for new work shoes for a friend. His attempted gesture was against company policy and he was fired. The Employment Development Department [EDD] refused the man’s claim for unemployment insurance. Ordered twice by the trial court […]
California Statute Violates The Dormant Commerce Clause.
The issue revolves around the dormant Commerce Clause, which is a limitation upon the power of the States to prohibit discrimination against interstate commerce. The statute involved is California’s Resale Royalty Act [Civil Code section 986(a)] which requires the seller of fine art to pay the artist a five percent royalty if the seller resides […]
California Supreme Court Rules On Costs/Attorney Fee Statutory Discrepancies In FEHA Cases.
Code of Civil Procedure section 1032(b) guarantees prevailing parties in civil litigation awards of the costs expended in the litigation, and Code of Civil Procedure section 1033.5 requires the costs be reasonably necessary to the conduct of the litigation. Government Code section 12965, subdivision (b) provides that in Fair Employment and Housing Act [FEHA; Government […]
Federal Trial Court Not Required To Replace Ill Juror.
After a 12-member jury in a criminal trial had deliberated for more than a day and had received answers to five substantive questions, one jurors was excused for illness. Later the same day, the jury returned a guilty verdict. The defendant argued that under Federal Rules of Criminal Procedure, rule 23(b)(3), the court abused its […]
Take My Word For It. . .The Foreclosure Sale Was Canceled.
A notice of default had been recorded against plaintiffs’ residential property, and a notice of trustee sale was also recorded. Plaintiffs retained a lawyer to negotiate a loan modification with the lender. In their complaint for promissory estoppel, plaintiffs allege the lender agreed to continue the scheduled trustee sale and negotiate a loan modification. Discussions […]
Motion To Change Venue.
In an action for bad faith and legal malpractice against several defendants, one of the defendants moved for a change of venue. Under Code of Civil Procedure section 396b, subsection (a), where an action has been filed in the wrong venue, a defendant may move to transfer the case to the proper court. If “an […]
Probate Court Refused To Honor Lien For Attorney Fees After Client’s Death.
An underlying action involved a claim to trust funds; that action was settled, and the settlement was approved by the probate court. But then the underlying plaintiff died too. The plaintiff in the present action was the lawyer for the underlying plaintiff. The lawyer had negotiated the settlement on behalf of the client who later died. […]
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