Indirect touching is sufficient to constitute a battery. A criminal defendant [the hubby] contended there was no indirect touching of his wife because the only thing that happened was that his car collided with another car being driven by his wife.
Judgment Reversed After Trial Court Adopted Referee’s Recommendations.
A matter concerning environmental cleanup was tried before a referee pursuant to stipulation and judgment was entered by the trial court adopting the referee’s recommendations. Finding numerous errors, the Court of Appeal reversed. First, the appellate court found extrinsic evidence should not have been introduced in interpreting the contract. ng Second, the appellate court concluded […]
Even When Privilege Log Is Inadequate, Judicially Forced Waiver Of Privileged Documents Not Authorized.
May a trial court find a waiver of the attorney-client privilege and work product doctrine when the objecting party submits an inadequate privilege log that fails to provide sufficient information to evaluate the merits of the objections?
For Asylum Purposes, Persecution Because A Person Has “Membership In A Particular Social Group” May Include The Person’s Family.
asylum relief, a petitioner is required to establish refugee status, i.e., that he is an alien unwilling or unable to return home “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
Previously We Reported: The First Ninth Circuit Opinion: No Jurisdiction.
Respondent Carol Sachs is a resident of California who purchased in the United States a Eurail pass for rail travel in Europe. She suffered traumatic personal injuries when she fell onto the tracks at the Innsbruck, Austria, train station while attempting to board a train operated by the Austrian state-owned railway. She sued the railway in Federal District Court, arguing that her suit was not barred by sovereign immunity because it is ‘based upon’ the railway’s sale of the pass to her in the United States.
Fresh Organic Food Labeling Action Is Not Preempted.
Defendant is a large herb-growing operation with multiple farms throughout California. Most of the farms use conventional growing methods, but one of them uses organic processes. Nonetheless, when it comes time for distribution, defendant packs the conventionally and organically grown herbs in the same packing and labeling facility, processes them together and labels them “Fresh Organic.”
Petition Denied; Had It Been Granted, It Would Have Resulted In 1,491 Mini-Trials.
A mass tort litigation over environmental contamination beneath a housing track settled, and the court was called upon to address whether a government-ordered environmental cleanup was part of the settlement consideration, and whether a good faith settlement could be approved without an individualized allocation of the settlement proceeds among the numerous plaintiffs and between their economic and noneconomic damages.
Saying “No, You Can’t Have The Documents,” Can Be Costly.
A shipping association requested documents from the port agent for a few California ports under the Public Records Act [Government Code section 6250, et seq.]. A port agent refused and the association filed a Writ of Mandate, which the trial court granted and which order the Court of Appeal declined to overturn.
Federal Court Judgment Reversed Due To Evidentiary Error.
The Petroleum Marketing Practices Act [PMBA; 15 U.S.C. §§ 2801-2806] regulates oil franchises. During the trial of an action about allegations an oil company failed to make a bona fide offer to sell property, as required by the PMBA, an evidentiary issue arose. Plaintiff, the owner of a gas station franchise, testified he never reviewed a certain appraisal.
Use Of Judicially Noticed Records In Ruling On A Demurrer.
The Court of Appeal held: Plaintiffs sued defendants for trade secret misappropriation. The trial court sustained defendants’ demurrer on the ground that plaintiffs’ claims were barred by the Taiwanese statute of limitations. On appeal, plaintiffs contend the trial court erred in sustaining the demurrer because it resolved disputed issues of fact based on information from judicially noticed documents.
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