In an insurance coverage dispute, the trial court granted defendant’s motions in limine as substitutes for statutory motion of summary adjudication under Code of Civil Procedure section 437c, on the issue of the duty to defend, and on the statutory motion of nonsuit under Code of Civil Procedure section 581c, with regard to offset after […]
Tacking Trademarks.
Rights to a trademark are determined by the date of the mark’s first use in commerce. The party who first uses a mark in commerce is said to have priority over other users. In limited circumstances, a party may modify its mark and still maintain its priority position, a doctrine known as tacking. The United […]
“You Can’t Blow The Whistle On Us, Whistleblower!” Says TSA.
The Homeland Security Act of 2002 provides the Transportation Security Administration [TSA] shall prescribe regulations prohibiting disclosure of information detrimental to the country’s security, which regulations TSA passed. In 2003, TSA briefed all air marshals, including the plaintiff here, about a potential plot to hijack passenger flights. A few days later, in a move to […]
Rent Control Carries On To The Next Generation.
San Francisco’s rent control ordinance limits rent increases to tenants in occupancy. In this case, the son of parents who years ago rented a unit in the landlord’s building and who, along with his parents, was an original occupant, remained in the unit after his parents left it. At that point, the landlord attempted to […]
Employee Must Attend Arbitration, Even If Terms Unknown.
The trial court denied an employer’s petition to compel arbitration of an action against it by a former employee. At the time the employee was hired, she completed an employment application containing an arbitration clause, which incorporated reference to an arbitration policy. The trial court was not persuaded that an undated four-page policy attached to defendant’s […]
Copyright Misuse.
Costco purchased luxury watches from a company in New York who had purchased them from an overseas company who had purchased them from the manufacturer, and sold the watches in its U.S. Costco stores. Omega, the Swiss manufacturer of the luxury watches, sued Costco for copyright infringement, specifically the importation of copyrighted work without the […]
Trial Court Abused Discretion In Failing To Set Aside Default.
Plaintiff was unsuccessful at personally serving defendant and obtained the court’s permission to serve by publication. Defendant claims it first learned of the lawsuit and the default judgment of $372,403.81 after it received a lien notice from the county with the abstract of judgment attached. On appeal, defendant contended the trial court erred in denying […]
State Prisoner Allowed To Have A Beard.
Arkansas’s state prison’s grooming policy prohibits the growth of facial hair for security reasons. A prisoner, who is fundamentalist Muslim, asserts the prison’s policy burdens his practice of religion. The United States Supreme Court held that the policy violates 42 U.S.C. § 2000cc [the Religious Land Use and Institutional Persons Act of 2000] which prohibits […]
Fees/Costs Order Reversed In Public Records Act Request.
After a child was rendered permanently disabled following an accident that occurred when she was in a crosswalk, her family hired counsel. Under the Public Records Act [Government Code section 6250, et seq.; PRA], counsel requested all evidence including photos, reports, audio logs, handwritten notes, surveys, complaint letters and emails with respect to the accident. When […]
Abandoned Alien Child.
An abandoned, neglected or abused child who is not a citizen of the USA may be found to be a special immigrant juvenile [SIJ] which may serve as a first step in filing for citizenship in the USA. (8 U.S.C. § 1101 (a)(27)(J)). These children no longer need be under foster care, as was previously […]
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