During the early 1900s, manufacturers and wholesalers of alcoholic beverages “tied” retailers to them by providing them with loans, reduced rents, free equipment and other means. Such “tied-house” arrangements caused a vast growth of the number of saloons and bars, resulting in various social evils.
“Justice Delyed Is Justice Denied,” William Gladstone. [Well …. Maybe Not.]
The original action, which included claims for violations of the Racketeer Influenced and Corrupt Organizations Act [RICO; 18 U.S.C. §§ 1961-68], was filed in 1993 against multiple defendants. The foreign defendants were dismissed from the action based upon forum non conviens, and, after two decades in a Singapore arbitration against those foreign defendants, plaintiff was awarded $9 million, which award was fully paid. Thereafter, plaintiff, the manufacturer and distributor of semiconductor products, proceeded in federal court against the defendants for relief under RICO’s treble damages provision.
For Asylum Purposes, Persecution Because A Person Has “Membership In A Particular Social Group” May Include The Person’s Family.
asylum relief, a petitioner is required to establish refugee status, i.e., that he is an alien unwilling or unable to return home “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
Federal Court Judgment Reversed Due To Evidentiary Error.
The Petroleum Marketing Practices Act [PMBA; 15 U.S.C. §§ 2801-2806] regulates oil franchises. During the trial of an action about allegations an oil company failed to make a bona fide offer to sell property, as required by the PMBA, an evidentiary issue arose. Plaintiff, the owner of a gas station franchise, testified he never reviewed a certain appraisal.
No Asylum For Abused Gay Man.
A man brought a petition for review of an immigration board’s denial of asylum to the Ninth Circuit Court of Appeals under the Convention Against Torture [CAT] based on his sexual orientation and HIV-positive status. The man testified he was raped and otherwise sexually abused by his uncle, his cousins and a neighbor, and that his abusers referred to him using homophobic slurs, telling him they were abusing him because he was gay.
“Every Killer You Kill, Never Kills Again” — Bill Maher.
In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment.
“A Strong Spirit Transcends Rules,” Prince.
This is what happened: A young mother placed a 29-second video of her two little children in the kitchen dancing to Let’s Go Crazy by Prince on YouTube. She titled the video “Let’s Go Crazy #1.” During the video, the mother asks her 13-month old “what do you think of the music,” and he bobs […]
Class Action Plaintiffs Prefer State Court; Defendant Drug Company Wants Federal Court. State Court It Is.
The Class Action Fairness Act [CAFA; 28 U.S.C. § 1332(d); Pub. L. No. 109-2, 119 Stat.4 (2005)] authorizes the removal to federal court of “mass actions,” in which “monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or […]
Question Of Fact In Age Discrimination Case.
Plaintiff is a border patrol agent within the Department of Homeland Security who at 54 was the oldest of the 24 persons who applied for one of four open positions within the agency. The four persons selected ranged from 44 to 48 years old. He sued for age discrimination, and the agency moved for summary […]
I Know What You’re Watching: Federal Video Privacy Protection Act.
When Netflix subscribers, family members, friends or guests of a Netflix subscriber log onto the subscriber’s account, the viewing history of each is available. The federal Video Privacy Protection Act [VPPA; 18 U.S.C. 2710] was enacted in 1988 in response to a newspaper’s publication of U.S. Supreme Court nominee Robert Bork’s video rental history. The […]
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