Defendant’s business arranges for transportation of cargo from the Long Beach and Los Angeles ports to warehouses, and plaintiffs are truck drivers. Prior to implementation of a clean air program at the ports in 2008, truck drivers generally owned their own trucks and worked as independent contractors. After the clean air program was implemented, older […]
One Trial Judge Cannot Overrule Another Trial Judge.
In a marital dissolution action, Judge #1 ruled an agreement was not enforceable. Judge #2 reconsidered the matter over three years later, on the court’s own motion, and ruled the agreement was enforceable. On appeal, the wife asserted Judge #2 erred in granting reconsideration of Judge #1’s ruling. In reversing, the Court of Appeal found […]
$3,751,969 Personal Injury Verdict Affirmed.
In a special verdict, a jury found two defendant motorists were negligent but concluded only one of them was a substantial factor is causing injuries to a bicyclist on a sidewalk. Thus, only one of the defendants was held responsible for plaintiff’s personal injury verdict of $3,751,969 in damages. On appeal the defendant who was […]
California Supreme Court Echoes U.S. Supreme Court In Case Involving Settlement Deemed To Be Anticompetitive. Previously We Reported: Ingenious Settlement May Be Anticompetitive Because Of The “Market Power Derived From The Patent.”
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 […]
No Respondeat Superior For Acts Of Independent Contractor.
A production company hired a medical doctor as its performer’s personal physician for a concert tour. The performer died of acute intoxication by drug while under the doctor’s care. The performer’s family sued the production company for negligent hiring, retention and supervision of the doctor. The trial court granted summary adjudication for negligence and respondeat […]
“No Person In The United States Shall, On The Basis Of Sex, Be Excluded From Participation In, Be Denied The Benefits Of, Or Be Subjected To Discrimination Under Any Educational Program Or Activity Receiving Federal Financial Assistance.” Title IX. [Signed into law by Pres. Nixon on June 23, 1973.]
A class action was filed against a high school alleging unlawful sex discrimination by providing female students with unequal opportunities in athletic programs, inequitable practice and competitive athletic, locker and storage facilities in violation of Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681]. In opposing plaintiff’s opposition to partial summary judgment, […]
Buffer Zone Outside Abortion Clinics Violates First Amendment.
Petitioners are individuals who approach and talk to women outside abortion clinics, attempting to dissuade them from obtaining abortions. In an effort to address clashes between abortion opponents and advocates of abortion rights, Massachusetts passed a law which makes it a crime to knowingly stand on a “public way or sidewalk within 35 feet of […]
Design Professionals’ Duty Of Care Extends To Future Residential Purchasers.
A homeowners association brought an action for construction defects which made the homes unsafe and uninhabitable. Two of the defendants are architectural firms which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be built. When the case reached the California Supreme Court on […]
MORTGAGE DEBT RELIEF ACT – SET TO EXPIRE DECEMBER 31, 2013 !
There are 30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence – exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable. This is not the first time this law has had to be revised for an extended […]
His possible name is Tommy Rumph
Lacob and co owner Peter Guber, sitting courtside next to rapper Kanye West, have turned the franchise into a contender since they bought the team in 2010. General manager Bob Myers, the NBA Executive of the Year, has constructed a talented roster around Curry that has exceeded all expectations. And first year coach Kerr blended […]
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