The Mellor Law Firm, APLC

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

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Copyright Infringement.

October 8, 2015 by

Plaintiff is a stock photography company that serves as a licensing agent for dozens of photographers, authorizing third parties to use copyrighted photographs. Plaintiff brought an action against a textbook publisher it claims exceeded its license by publishing more books than permitted under the license. The trial court ruled that plaintiff, as a licensing agent, […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 795 F.3d 997

The Morning-After Pill.

October 7, 2015 by

A Commission in the State of Washington regulates the practice of pharmacy. Violation of the Commission’s rules constitutes grounds for revocation of a pharmacy license. The rules require a pharmacist to deliver lawfully prescribed drugs or devices to patients, and a pharmacy objecting to the rules may not refer a patient to another pharmacy. The […]

Filed Under: Appellate Law News, Constitutional Law News, Equal Protection Law News, Health Care Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 794 F.3d 1064

Hearsay Evidence Twist:

September 26, 2015 by

Hearsay

In a criminal matter involving drugs being smuggled from Mexico into the U.S., the defendant was precluded from testifying about the “favors” a friend in Mexico had asked of him. Defendant’s contention was that in granting his friends “favors,” he had been manipulated into smuggling drugs across the border. One “favor” was a request defendant […]

Filed Under: Evidentiary Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 794 F.3d 1053

That Pile Of Documents Signed When Taking Out A Home Mortgage!

September 16, 2015 by

A homeowner sued the Federal Home Loan Mortgage Corporation “Freddie Mac” for breach of contract and breach of fiduciary duty. Freddie Mac had purchased the homeowner’s mortgage from the loan originator on the secondary market. The loan originator continued to service the loan and failed to pay the insurance premium from an escrow account which […]

Filed Under: Contract Law News, General Legal Information Law News, Legal News, Mortgage Law News, Ninth Circuit Court of Appeal Law News Tagged With: 793 F.3d 1005

Intellectual Property…The Devil’s In The “Related Search” Details.

September 14, 2015 by

likelihood of confusion

Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]

Filed Under: Intellectual Property News, Internet Law News, Legal News, Ninth Circuit Court of Appeal Law News, Trademark Law News Tagged With: 792 F.3d 1070

Human Guinea Pigs In Chemical Weapons Program.

September 10, 2015 by

From the inception of the U.S.’s chemical weapons program during World War I until the mid-1970s, the United States military conducted chemical and biological weapons experiments on human subjects, and tens of thousands of U.S. armed service members were intentionally exposed to a range of chemical and biological agents. In this class action, plaintiffs are […]

Filed Under: Government Law News, Health Care Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1122

Transgender Inmate.

September 4, 2015 by

Plaintiff is a transgender inmate of a California prison who contends prison officials violated the Eighth Amendment’s through deliberate indifference to her [inmate used to be named Philip but is now known as Mia] serious medical needs. The inmate says she suffers from severe gender dysphoria for which sexual reassignment surgery [SRS] is the medically […]

Filed Under: Eighth Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1037

Pork.

September 3, 2015 by

A prison inmate is a Muslim and a member of the Nation of Islam, a religious organization. His religious beliefs forbid him from consuming or handling pork. Prison officials ordered the inmate to cook pork loins as part of his kitchen duties. The Ninth Circuit held prison employees violated the inmate’s clearly established right to […]

Filed Under: Constitutional Law News, Criminal Law News, Discrimination Law News, First Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1023

California Statute Violates The Dormant Commerce Clause.

August 3, 2015 by

The issue revolves around the dormant Commerce Clause, which is a limitation upon the power of the States to prohibit discrimination against interstate commerce. The statute involved is California’s Resale Royalty Act [Civil Code section 986(a)] which requires the seller of fine art to pay the artist a five percent royalty if the seller resides […]

Filed Under: Appellate Law News, Constitutional Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 784 F.3d 1320, Civ.Code § 986(a), Civil Code section 986(a)

Federal Trial Court Not Required To Replace Ill Juror.

July 31, 2015 by

Juror

After a 12-member jury in a criminal trial had deliberated for more than a day and had received answers to five substantive questions, one jurors was excused for illness. Later the same day, the jury returned a guilty verdict. The defendant argued that under Federal Rules of Criminal Procedure, rule 23(b)(3), the court abused its […]

Filed Under: Legal News, Ninth Circuit Court of Appeal Law News, Trial Law News Tagged With: 784 F.3d 1301, rule 23(b)(3)

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Recent News

Are You Dealing with a Homeowner Construction Issue?

August 2, 2022 By Mark Mellor

Homeowner construction flaws and unforeseen shortcomings can quickly become complex and difficult to manage. With the amount of work involved in the construction process, there's a high potential for errors to occur at any stage. If something goes wrong, it can be hard to know … Read More...

How Does Foreclosure Work?

July 26, 2022 By Mark Mellor

The rate of foreclosures for May 2022 in the US was about 1 out of every 4,500 houses. The first step in the foreclosure process is usually a notice of default from your lender. This notice means that you have fallen behind on your mortgage payments, and will state how much you … Read More...

Legal Options for Foreclosure

June 30, 2022 By Mark Mellor

Are you behind on your mortgage payments and facing foreclosure? Do you not know what to do or where to turn? You are not alone. Millions of Americans each year find themselves in the same situation. Foreclosure can be a very frightening process, but you have legal options. Learn … 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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