Plaintiff brought a class action lawsuit against DIRECTV. The trial judge denied defendant’s petition to compel arbitration. The relevant arbitration provision is contained in section 9 of DIRECTV’s 2007 customer agreement. Section 9 provides that “any legal or equitable claim relating to this Agreement, any addendum, or your Service” will first be addressed through an […]
“A Nation Of Sheep Will Beget A Government Of Wolves,” Edward R. Murrow.
A superior court refused to provide prompt access to newly filed unlimited civil complaints, making a news service wait days or weeks until the documents are fully processed. The news service brought an action for declaratory relief in federal court, and the trial judge declined to decide the matter because it implicates sensitive state interests. […]
Not-So-Brave D&D Free New World We Live In!!
This is the situation: A woman, later the criminal defendant, apparently upset with another woman for being the successful bidder on a home defendant wanted to buy, impersonated the other woman, later the victim, by advertising online for sexual partners and “invited men who responded to the advertisement to appear at the victim’s home unannounced […]
Grant Of Summary Judgment Reversed Because Trial Court Erred In Not Admitting Plaintiff’s Causation Testimony.
Plaintiff was treated with the drug Zometa for several months after a diagnosis of breast cancer and chemotherapy. She was thereafter treated for osteonecrosis of the jaw by two oral specialists. Following the dental treatment, plaintiff brought an action against the manufacturer of Zometa, and in that pursuit offered the testimony of an expert on […]
But The Sky’s The Limit For Political Campaign Contributions.
In the Federal Election Campaign Act of 1971 [FECA; 2 U.S.C. § 441a], Congress imposed two types of limits on campaign contributions: base limits restrict how much money a donor may contribute to a particular candidate and aggregate limits restrict how much money a donor may contribute in total to all candidates or committees. Here, […]
Wings Of Frequent Flyer Clipped.
An airline’s frequent flyer program contained a provision stating that an abuse of the program may result in cancellation of the member’s account. After the airline cancelled a member’s account, the member brought a class action alleging breach of the implied covenant of good faith and fair dealing. The United States Supreme Court held the Airline […]
Insureds Sue Insurance Adjuster For Intentional Infliction Of Emotional Distress And Misrepresentation.
Insured husband and wife reported damage to their home after a 41-foot long, 7,300 pound tree limb crashed into it. As alleged, the behavior the adjuster displayed “can best be described as appalling.” He altered the scene prior to taking photos of the damage, spoke derogatorily to the insureds, misrepresented the coverage and ordered them […]
Everyone’s Worst Wrongful Death Nightmare
Survivors of a woman brought an action contending their wife and mother’s remains were disfigured. In two causes of action, plaintiffs alleged decedent was prematurely declared dead, after which she was placed in a compartment in the hospital morgue while still alive, and that the disfigurement to her face happened while trying to escape until […]
eBay’s Bidding System Does Not Violate California’s Unfair Competition Laws.
Plaintiff filed a class action against eBay, alleging violation of California’s unfair competition laws and intentional interference with prospective business advantage. The federal district court dismissed the case. eBay uses an auction system whereby the bidder submits the maximum amount he is willing to pay and eBay’s software enters bids on behalf of the bidder at predetermined […]
Access To Emails Of Public Officials & Employees On Their Private Accounts.
A man asserted a right to inspect specified written communications, including email and text messages, sent to or received by public official and employees on their private electronic devices using their private accounts. The appellate court said the issue is whether those private communications, which are not stored on City servers and are not directly […]
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