A class of credit cardholders brought an action challenging fees, analogizing credit card fees to punitive damages imposed in the tort context, and arguing they were subject to the substantive due process analysis described in BMW of North America, Inc. v. Gore (1996) 517 U.S. 559, [116 S.Ct. 1589, 134 L.Ed.2d 809]. The Ninth Circuit concluded […]
Classifications Based On Sexual Orientation Require Heightened Scrutiny.
The allegations are that drug company #1 licensed to drug company #2 the authority to market drug company #1’s HIV drug. After it sold the license to its drug, drug company #1 increased the price fourfold. Meanwhile back at drug company #1, another HIV drug was being marketed at a much lesser cost, thus driving business […]
Designer Brand Counterfeit Knock-Offs.
Defendants had a business of selling handbags, clothing and jewelry bearing the unauthorized names and logos of Chanel, Coach, Gucci, Louis Vuitton, Rock & Republic, Tiffany, True Religion, TAG Heuer, Rolex and Hublot, all of which brands have registered trademarks. Investigators seized over 13,000 such items from defendants’ San Diego store. In separate criminal trials, two […]
“If You Haven’t Got Anything Nice To Say About Anybody Come Sit Next To Me.” Alice Roosevelt Longworth.
Plaintiff was appointed as a bankruptcy trustee. Defendant published blog posts on several websites “accusing [plaintiff and his financial group] of fraud, corruption, money-laundering, and other illegal activities in connection” with the bankruptcy of a company. According to the opinion, defendant “has a history of making similar allegations and seeking payoffs in exchanged for retraction.” Plaintiffs […]
Does Continuous Lighting Amount To Cruel And Unusual Punishment?
A Washington prisoner appealed the grant of summary judgment in favor of prison officials who placed him in a special unit where he was monitored every 30 minutes. In the unit, each single-inmate cell is illuminated with three four-foot-long fluorescent tubes. Two of the three may be turned off by the inmate, but one of them […]
Trading In Unregistered Stock.
The Securities and Exchange Commission disciplined a financial corporation for violating sections 59 and 5(c) of the Securities Act of 1933 [15 U.S.C. §§ 77e(a) and 77e(c)] which prohibit the sale or offer of sale of a security without filing a registration statement. Petitioners argued to the Ninth Circuit that the brokers’ exemption applied to their […]
County’s Overflight Easement Condition In Exchange For A Permit Upheld.
Plaintiffs planned minor alterations to their residence. As a condition for obtaining a building permit, the county’s general plan required them to provide an aircraft overflight easement. In this action, plaintiffs contend the easement requirement constitutes an unconstitutional taking of their property without just compensation. The trial court entered summary judgment in favor of the county. […]
Attorney Fees Reversed In Action Brought In Public Interest Which Was Voluntarily Dismissed.
Plaintiff Brought A Class Action In A Debt collection matter, but voluntarily dismissed it after defendant moved for a special motion to strike under the antiSLAPP statute, Code of Civil Procedure section 425.16. After it was dismissed, defendant sought attorney fees under section 425.16. Plaintiff argued defendants would not have prevailed in the motion to strike […]
Rating By Analogy In Workers’ Compensation Case.
An agreed medical examiner recommended characterizing a workers injury: “by analogy, it would be similar to an individual with a limp and arthritis.” The Workers’ Compensation Appeals Board found a doctor could rate an impairment by analogy to other impairments which are rated in the guide used in workers’ compensation matters. The employer, a city, appealed, […]
Legal Capacity, Undue Influence, Financial Elder Abuse.
When defendant and decedent married in February 2005, decedent’s trust provided for his children, grandchildren and a former son-in-law. After the marriage, in May 2005, decedent executed a trust amendment providing defendant with 50 percent of decedent’s assets upon his death. Between 2005 and 2008, several other amendments were executed, resulting in defendant being left with […]
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