The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Restrictions On Commercial Speech Regarding Alcoholic Beverages To Be Reconsidered Under Strict Judicial Scrutiny In Light Of First Amendment.

March 25, 2016 by

alcoholic beverages and commercial speech laws

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.

Filed Under: Advertising/Billboard Law News, First Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: § 25503(f), § 25503(g), § 25503(h), 810 F.3d 638, 830 F.2d 957, Business and Professions Code section 25503(f), Business and Professions Code section 25503(g), Business and Professions Code section 25503(h)

“Justice Delyed Is Justice Denied,” William Gladstone. [Well …. Maybe Not.]

February 8, 2016 by

Racketeer Influenced and Corrupt Organizations Act

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.

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, RICO Law News, Summary Judgment Law News Tagged With: 18 U.S.C. §§ 1961-68

For Asylum Purposes, Persecution Because A Person Has “Membership In A Particular Social Group” May Include The Person’s Family.

January 19, 2016 by

asylum social group status

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.”

Filed Under: Immigration Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 12-72551

Federal Court Judgment Reversed Due To Evidentiary Error.

January 14, 2016 by

Evidentiary error reverses federal court judgment on oil prices

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.

Filed Under: Evidentiary Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 15 U.S.C. §§ 2801-2806, 807 F.3d 1113

No Asylum For Abused Gay Man.

January 1, 2016 by

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.

Filed Under: Civil Rights Law News, Immigration Law News, Legal News, LGBT Law News, Ninth Circuit Court of Appeal Law News Tagged With: 805 F.3d 1171

“Every Killer You Kill, Never Kills Again” — Bill Maher.

December 24, 2015 by

cruel and unusual punishment

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.

Filed Under: Criminal Law News, Eighth Amendment Law News, Government Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 806 F.3d 538

“A Strong Spirit Transcends Rules,” Prince.

November 6, 2015 by

fair use law

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 […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 115 U.S.P.Q.2D (BNA) 1965, 17 U.S.C. § 512(f), 43 Media L. Rep. 2305, Copy. L. Rep. (CCH) P30

Class Action Plaintiffs Prefer State Court; Defendant Drug Company Wants Federal Court. State Court It Is.

October 28, 2015 by

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 […]

Filed Under: Class Action Law News, Jurisdictional Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 28 U.S.C. § 1332(d), 796 F.3d 1038, Pub. L. No. 109-2 119 Stat.4

Question Of Fact In Age Discrimination Case.

October 26, 2015 by

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 […]

Filed Under: Discrimination Law News, Employment Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 795 F.3d 1170

I Know What You’re Watching: Federal Video Privacy Protection Act.

October 26, 2015 by

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 […]

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, Privacy Law News Tagged With: § 1799.3, 18 U.S.C.  2710, 795 F.3d 1062, Civ.Code, Civ.Code § 1799.3, Civil Code, Civil Code section 1799.3, section 1799.3

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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