In an asbestos action in federal court, a jury awarded damages totaling $10.2 million. An en banc Ninth Circuit vacated the judgment and remanded the matter for a new trial. The issue on appeal was the trial court’s permitting two expert witnesses to testify. The appeals court concluded: “The district court failed to make findings of […]
Homeowners Association Must Accept Partial Payments.
A homeowners association notified a homeowner of a $3,864.96 delinquency. Two weeks later, a lawsuit against the homeowner was authorized. During the following months, the sides reached an agreement regarding a payment plan, although the homeowner never signed the agreement. The homeowner did, however, make three payments totaling $3,500, although the monthly payments of $188 were […]
Was Sexual Harassment A Substantial Motivating Reason?
Plaintiff contended he was fired in retaliation for reporting allegations of sexual harassment and a jury awarded him $238,328. The trial court instructed the jury with CACI No. 2430, the 2012 version. Citing Harris v. City of Santa Monica (2013) 56 Cal.4th 203, [294 P.3d 49, 152 Cal.Rptr.3d 392] the appellate court reversed for a new […]
Prisoner’s Allegations Regarding Violations of Freedom Of Religion.
Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]
No Jurisdiction In California.
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and the […]
Disability Discrimination With The LSAT? Need For Accommodation.
Before a recent law change, when extra time was given to subjects with cognitive or physical disabilities who take the Law School Admissions Test [LSAT], the person’s score was identified and a letter sent to law schools notifying that an accommodation was granted and advising that the score should be interpreted with great sensitivity. In 2013, […]
No Spot Zoning Removal Here.
A church desired to build a senior citizen living community in an unincorporated area of a county. The Board of Supervisors created a new zoning definition for senior residential housing, and determined the project was in compliance. Several community groups associated and challenged the Board in a petition for writ of mandate in the superior court, […]
Who Has Time To Read A Special Verdict Form?. . . .Unimportant Details
In an action for hostile work environment brought under Government Code section 12900, et seq. [California Fair Employment and Housing Act; FEHA], a jury returned a plaintiff’s verdict for $160,000 and the court awarded him $680,520 for attorney fees. In a motion for JNOV, defense counsel argued the parties and the court agreed on a special verdict form […]
Local Ordinance Prohibiting Registered Sex Offenders From Entering City Parks Preempted By State Law.
A criminal defendant was charged with violating a local ordinance that prohibits registered sex offenders from entering city parks without written permission of the police chief. The trial court sustained defendant’s demurrer, concluding state law preempts prosecution under the local ordinance because the Legislature has enacted a comprehensive statutory scheme. The appellate court agreed, stating: “We […]
Hookah Shaped Pipe Not Copyrightable.
A company registered its hookah-shaped water container design with the U.S. Copyright Office. A month later, it sued another company because it used the same shape. The federal trial court granted summary judgment in favor of the defendant. The Ninth Circuit affirmed, agreeing with the trial judge that the shape of the container is not conceptually […]
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