The provision in the federal Truth in Savings Act [TISA; 12 U.S.C. § 4301] which permitted private civil actions was repealed in 1996. The California Supreme Court issued an opinion on the issue of whether or not California’s Unfair Competition Law [UCL; Business & Professions Code section 17200 et seq.] may be based on violations of […]
National Rifle Association’s Preemption Argument On Gun Control Rejected.
Both the appellate and trial courts held a county ordinance which precludes the possession and use of guns in the county’s parks and recreational areas was not preempted by state law. In its amicus brief, the National Rifle Association argued the state of California has impliedly occupied the field and that “visiting Carry License holders will […]
Seller’s Agreement To Subordinate Its Security Interest To That Of The Bank’s Unenforceable.
The court’s first paragraph says it all: “This case involves competing claims of lien priority between the seller of real property, which took back a security interest on property sold to a developer, and the bank which financed development of the project through a construction loan. The issue is whether the seller’s agreement to subordinate its […]
Moradi-Shalal Does Not Preclude Unfair Competition Law (UCL) Claims.
The California Supreme Court clarified one of the perceived limitations resulting from its holding in Moradi-Shalal v. Fireman’s Fund (1988) 46 Cal.3d 287, [758 P.2d 58, 250 Cal.Rptr. 116]. The case addresses whether insurance practices that violate the Unfair Insurance Practices Act [UIPA; Insurance Code section 790 et seq.] can support an Unfair Competition Law [UCL; […]
Use Of Likeness Of College Athletes Not Protected By First Amendment.
Football players Samuel Keller, Edward O’Bannon, Jr., Byron Bishop, Michael Anderson, Danny Wimprine, Ishmael Thrower, Craig Newsome, Damien Rhodes and Samuel Jacobson brought a class action against a video game company asserting the company violated their right of publicity under Civil Code section 3344 and California common law. The video company moved to strike plaintiffs’ […]
Public Interest In Free Expression Outweighs The Public Interest In Avoiding Consumer Confusion.
Football player Jim Brown brought an action against the manufacturer of a video game that allegedly used his likeness in several versions of a game, for which he has never been compensated. The Lanham Act [15 U.S.C. § 1125(a) and § 43(a)] provides for a civil cause of action against: “Any person who, on or in […]
Treble Damages To Salespersons Who Had No Written Contract.
Plaintiff agreed to use his experience and connections in the high-tech electronic industry to help grow a company owned by defendants. Plaintiff prepared a written document outlining the business relationship with defendants, which included his understanding he would receive 50 percent of the net profits from all sales resulting from his efforts and contacts. The parties […]
Fiduciary Duty Of Disclosure: Pretty Soon They’ll Be Talking About Real Money.
A male lawyer and a female married in 1985. In 2000, he entered into an “of counsel” relationship with a law firm specializing in securities litigation which entitled him to a referral fee of 10 percent in a class action. In 2003, the couple separated and the two entered into a marital settlement [MSA] agreement in […]
Sterilization Of Developmentally Disabled Woman Is Incidental To Medcally Necessary Treatment Ordered By Court.
A developmentally disabled woman suffers from numerous health problems, including an abnormally long and heavy menses and debilitating migraine headaches that usually coincide with the onset of her menses. After numerous other treatments for her severe menstrual bleeding and migraines failed, her doctors recommended a hysterectomy and oophorectomy. The trial court found Probate Code section 2357 […]
The Doctrine Of Respondeat Superior: Is This The End Of Company Christmas Parties???
An employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer’s potential liability under the doctrine […]
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