Under the Patent Act [35 USC § 101], patents may be issued to whoever invests or discovers any new and useful composition of matter. The United States Supreme Court held that a naturally occurring DNA segment is a product of nature and is not patent eligible. But a synthetically created strand of DNA called cDNA is […]
Surety Is Called To Answer For Its Guaranty.
A 2007 surety specifically excluded an asset from a continuing guaranty; the asset was a personal residence. The residence was sold in 2011 and the proceeds from the sale were held in a separate account. When the senior lender foreclosed in 2012, the surety failed to make good on his guaranty. The trial court denied […]
Two Successive Offers To Compromise Pursuant To Code of Civil Procedure Section 998.
The California Supreme Court considered whether a later Offer To Compromise made under Code of Civil Procedure section 998, extinguishes a previous Offer To Compromise for purposes of that section’s cost-shifting provisions. The court concluded “that where, as here, a plaintiff makes two successive statutory Offers To Compromise, and the defendant fails to obtain a judgment more favorable […]
Mistake Of Arbitrator Not Enough To Invoke § 10 (a)(4) Of Federal Arbitration Act.
A medical doctor entered into a contract with a health plan. The doctor agreed to provide medical care to members of the health plan and the health plan agreed to pay the doctor. The doctor filed a class action in New Jersey alleging the health plan failed to make full and prompt payment to the doctors. […]
Violation Of Hospital’s Bylaws In Denying Staff Privileges To Doctor “Not Material.”
A hospital made the decision to deny application for reappointment of a doctor to the hospital’s medical staff. The doctor filed an administrative writ petition in the superior court, which was denied by the trial court. The Court of Appeal reversed the trial court’s decision, finding the hospital’s bylaws precluded the Medical Executive Board from delegating […]
You’ve Got Termination E-Mail.
A probationary school nurse was notified of her termination by e-mail. Pursuant to Education Code section 44929.21, subdivision (b), the governing board of a school district must notify a probationary teacher on or before March 15 of the teacher’s second complete consecutive school year of employment of the decision to reelect or not reelect the teacher […]
Elder Abuse And Patient’s Bill Of Rights.
A 79-year-old patient in a licensed nursing home fell nine times in 35 days while getting out of bed to go to the bathroom. On the ninth occasion, nurses reached his room two minutes after the bed alarm went off. While one nurse was turning off the alarm and the other stood in the doorway, the patient […]
You Can’t Sue City Hall Under The California Tort Claims Act.
Owners of property obtained approval to build a living facility for senior citizens. Neighbors were successful in having the planning commission’s approval of the project overturned by the city council. The property owners sued the city and the five city council members who voted to reject the project for nearly $2 million in compensatory damages plus […]
BMW/Mini Arbitration Contract Permeated By Unconscionability.
A retail sales installment contract used to purchase an automobile that was one page, 8.5” wide and 26” long. There were numerous and extensive provisions on both sides. Plaintiffs were asked to sign, or initial, 12 places on the front side, but, no places on the back side. An arbitration clause was on the back side […]
Jurors Watched Movie During Death Penalty Deliberations.
In a death penalty writ of habeas corpus, the California Supreme Court considered the declaration of a juror which stated: “I told the holdout jurors that if they wanted to understand what it was like in prison, they should watch the movie American Me. That is based on a true story. [¶] Two of the jurors […]
- « Previous Page
- 1
- …
- 112
- 113
- 114
- 115
- 116
- …
- 183
- Next Page »