Plaintiff filed an action in superior court seeking an injunction to stop members of the Public Utilities Commission [PUC] from proceeding with a meeting “since the commission would not permit her to attend the meeting because of her affiliation with the Sierra Club, the meeting violated the Bagley-Keene Open Meeting Act. (Government Code section 11120). The […]
Illegal Pyramid Scheme.
The Federal Trade Commission Act, § 5(a) [FTCA; 15 U.S.C. §45(a)(1)] states that “unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.” In that context, a marketing company offered participants the ability to become independent retailers of music and other merchandise as well as earn points redeemable for music or […]
New Standard Set To Test Whether A Patent Is Ambiguous.
The United States Supreme Court remanded a patent case involving a heart rate monitor used with exercise equipment to the Federal Circuit to apply a new standard regarding whether or not a patent is ambiguous. The high court stated: “[W]e hold that a patent is invalid for indefiniteness if its claims, read in light of […]
No Liability For Inducing Patent Infringement.
A patent claims a method of delivering electronic data using a content delivery network [CDN]. The exclusive licensee of that patent designates certain files, a process called tagging. Another technology company also operates a CDN and carries out several of the steps claimed in the patent, but instead of actually tagging, it provides instructions for […]
Discrimination Allegations In Health Care To Deaf Woman.
Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]
Flaws Found In Sampling Approach To Wage And Hour Case.
A wage and hour class action went all the way through to verdict. The trial court devised a plan to determine the extent of liability to all class members by extrapolating from a random sample. In the first phase of trial, the court heard testimony about the work habits of 21 plaintiffs, and defendant was […]
Class Action Settlement Reversed.
Plaintiffs brought an action against defendants for advertising a bracelet as a revolutionary bracelet that uses the body’s “biofield” to improve strength and wellness. Alleging the advertising claims were false, plaintiffs sought injunctive relief and damages on behalf of all persons in the United States who purchased a bracelet. Defendants agreed to settle the lawsuit, […]
Employee’s Evidence That Failure To Perform Job Task Was Not Important — Is Rejected.
Plaintiff was terminated after failing to perform an important annual report for three years in a row. In the ensuing wrongful termination action, the employer moved for summary judgment, and plaintiff produced expert evidence that the failure to perform the important job function did not harm the employer. The trial court granted summary judgment. The […]
Remanded For Possible Fourth Amendment Violation.
During the strip search portion of an arrest, a suspect possibly feigned a seizure and was observed “pushing his finger in his anus attempting to conceal an item” in a plastic baggie. Paramedics took him to a hospital where a doctor unsuccessfully tried to remove the baggie by inserting his fingers into the suspect’s rectum. […]
No Fourth Amendment Violation.
After a high speed chase, when the suspect’s car was flush against a patrol car, the suspect continued to accelerate and the officer fired three shots into the suspect’s car. Almost hitting an officer in the process, the suspect managed to drive away. Officers fired 12 more shots, striking the suspect and his passenger, who […]
- « Previous Page
- 1
- …
- 53
- 54
- 55
- 56
- 57
- …
- 164
- Next Page »