This disability discrimination action, brought under California’s Fair Employment and Housing Act [FEHA], was initially filed in state court and removed to federal court by the defendant employer. Plaintiff’s claim is that his employer discriminated against him because of his ulcerative colitis and failed to accommodate him. Once in federal court, the defendant moved for […]
Attorney Fees Awarded To Injured Plaintiff.
Plaintiff, an occupant of a mobile home, fell while walking across the common area of the mobile home park. A jury awarded plaintiff $311,899.67 to compensate him for his injuries. Following trial, plaintiff moved for an award of attorney fees under his lease agreement with the mobile home park, and the trial court denied his […]
Pyrrhic Victory Against Nursing Facility.
In a wrongful death action against a skilled nursing facility, the jury found for the facility with regard to the health care issues. But the jury found for the daughter of the deceased on a health care records issues. It found the facility did not provide 1) “complete and accurate health records” and 2) “meaningful […]
But I Don’t Like Sports.
Cable television subscribers brought a class action for unfair competition based on rate hikes for carrying channels that broadcast Dodgers and Lakers games. In 2011, a cable television company paid the Lakers $3 billion for licensing rights to televise Lakers games for 20 years over two channels. Cable subscription rates rose by $5 a month. […]
Lanham Act Violated In Intellectual Property Case.
Plaintiffs are the children of celebrity Bob Marley who formed an entity to exploit the assets, rights and commercial interests of the now deceased Marley. Defendants purchased photographs of Marley from a photographer and produced Bob Marley T-shirts which were sold by Target, Walmart and other retailers. Plaintiffs sued defendant, alleging four causes of action. […]
Don’t Move Into A Home With A Homeowners Association, If You Don’t Like To Be Told What You Can Or Cannot Do.
A homeowners association [HOA] asked the court to issue a preliminary injunction requiring a homeowner to remedy an unauthorized modification to the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contended hardwood floors were necessary in his unit because his wife is severely allergic to dust. […]
Motion To Be Relieved From Dismissal Entered As Terminating Sanction.
Plaintiff failed to respond to discovery requests, and was ordered by the trial court to respond. When she did not, the trial court dismissed her complaint as a terminating sanction. Later, she moved pursuant to Code of Civil Procedure section 473(b), for relief, and the trial court denied the motion. On appeal, the appellate court […]
Second Place Bidder States Cause Of Action For Intentional Interference With Prospective Economic Advantage.
Two companies sued defendant for intentional interference with prospective economic advantage, alleging defendant submitted lowest bids by paying workers less than the statutorily required prevailing wage as required by Labor Code sections 1770 and 1771. During a three-year period, defendant outbid plaintiffs on 23 public works projects totaling more than $14.6 million. Citing Korea Supply […]
Doctor’s Opinion Not Speculative.
A jury found a medical center failed to timely diagnose breast cancer in plaintiffs’ family member, resulting in her death in 2010. Plaintiffs’ expert testified that to a reasonable degree of medical probability, decedent would have survived ten years had she been treated early, even if she had stage 4 cancer in 2007. The jury […]
Posttrial Award Of Expert Fees Under Civ.Proc. § 998.
Prior to trial, and pursuant to Code of Civil Procedure section 998, plaintiff offered to allow judgment to be entered in its favor and against defendant for $665,818. Defendant did not respond to the offer and plaintiff recovered $945,947 at trial. Defendant argued on appeal that the award of expert witness fees by the trial court […]
- « Previous Page
- 1
- …
- 32
- 33
- 34
- 35
- 36
- …
- 183
- Next Page »