A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]
Previously we reported: After-Acquired Evidence Docrine Inapplicable.
Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been […]
Cyber-Bullying Is Basis Of Defamation Claim.
A pastor and his wife brought suit alleging a cyber-bullying “hate campaign” against one of the church attendees who “began a discussion about [the pastor] on an internet forum” and also against one of the pastor’s sons who joined the church attendee in posting unflattering remarks about the pastor. The remarks included statements about child […]
No Showing Iran Suitable Alternative Forum.
In attempting to reclaim real property in Iran abandoned after the overthrow of the Shah in 1978, the parents of plaintiffs executed powers of attorney for a friend and attorney in Iran to pursue legal proceedings in that country. Years later, plaintiffs realized two of the attorneys in fact in Iran had quitclaimed some of […]
Reasonable Accommodation Does Not Require Elimination Of Essential Job Function.
Plaintiff injured his knee at work in 2003 and thereafter underwent several surgeries and procedures, and was placed on light duty. The employer, a public entity, had an accommodations committee which offered plaintiff either a lateral job move or a demotion to assume a lesser job, neither of which appealed to plaintiff. As negotiations continued, […]
Read The Disposition In An Appellate Opinion.
A matter came to the appellate court several months ago, and the opinion reversed the trial court’s grant of a nonsuit against one plaintiff and also reversed the judgment “in all other respects.” Afterward, one of the parties began executing on another party to collect on the underlying order for costs. In the current appeal, […]
Big Girls Don’t Cry….They Sue.
In 1988, a lawyer/journalist entered into a written contract to ghostwrite the autobiography of one of the original members of the band Jersey Boys. After the work was completed, but prior to publication, the lawyer/journalist died in 1991. In 1999, the band member executed another agreement, this time granting the exclusive rights to two other […]
“Electricity Is Just Organized Lightening.” — George Carlin.
In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]
Trial Court Erred In Not Holding Evidentiary Hearing In Motion To Compel Arbitration.
In an action alleging investment mismanagement, defendants petitioned the court to compel arbitration. In opposition, plaintiffs argued, and supported their arguments with declarations, they were never provided with any agreements containing arbitration provisions, and what agreements they did enter were void for fraud in execution. The trial court ordered the case into arbitration, and plaintiffs […]
NCAA’s Dirty Laundry To Be Aired In Public.
A former assistant football coach at the University of Southern California sued the National Collegiate Athletic Association [NCAA] for breach of contract, defamation and other torts after the NCAA issued its report on infractions about whether or not a running back named Reggie Bush received improper benefits while a student. The NCAA filed a motion […]
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