Nine homeless persons living on Skid Row filed suit against the City of Los Angeles, alleging their constitutional rights were violated when the City seized and destroyed their personal possessions temporarily left on public sidewalks while they attended to necessary tasks. The trial court issued an injunction against the City from performing regular “clean-ups,” and […]
District Court Reversed For Penalizing When Statute Says No Penalty.
Defendants were sued for false advertising, trademark infringement and cybersquatting under The Lanham Act [15 U.S.C. §1051 et seq.]. The statute states the sum awarded “shall constitute compensation and not a penalty.” The trial judge doubled the amount of actual damages and the Ninth Circuit reversed, stating the district court apparently had an intent to […]
Marilyn Monroe’s Estate Estopped From Claiming A Posthumous Right Of Publicity.
Marilyn Monroe’s will was probated in New York which does not recognize a posthumous right of publicity. Both the federal trial and appellate courts concluded that because her executors consistently represented during the probate proceedings that she was domiciled in New York at her death to avoid paying California estate taxes, they are judicially estopped […]
Laches Applied In Copyright Claim Based On Retired Boxer Jake La Motta In Raging Bull.
Works were registered with the Copyright Office in 1976 and assigned to a production company and then acquired by MGM who used them to make the film Raging Bull based on the life of a retired boxer, Jake LaMotta. Plaintiff acquired the renewal rights in the works and renewed the copyrights in 1991. In 2009, […]
Abuse Of Discretion To Reduce Number Of Attorney Hours When Considering Award Of Attorney Fees.
In a social security case, the lawyer requested compensation under the Equal Access to Justice Act [EAJA; 28 U.S.C. §2412(d)]. The magistrate determined the 60.5 hours the claimant’s attorney spent working on the case were excessive. He reduced the number of hours to 41.1. The Ninth Circuit reversed and stated: “We hold that it is […]
No Fees To Class Counsel Who Committed Ethical Violation By Representing Clients Whose Interests Were Conflicting.
Plaintiffs filed an antitrust class action against a publishing company. At the outset of the litigation, lawyers entered an “incentive agreement” with some of the plaintiffs whereby the firm would apply to the court for a fee award based on recovery against West Publishing. The agreement provided “If the settlement amount was greater than or […]
Think Before Interpleading.
Action involves dispute over proceeds from a life insurance policy. The insurance company interpleaded the funds and the claimants settled their dispute. But a negligence cause of action against the insurance company alleging the whole dispute was caused by the company’s carelessness in administering the policy had been plead. The trial court dismissed the claim […]
Class Certification Reversed.
Federal trial court certified a class involving problems with Honda’s brake system. The Ninth Circuit reversed because the class includes cars in different jurisdictions and California’s consumer protection statutes could not be applied nationwide. Mazza v. American Honda Motor Co. (Ninth Cir.; January 12, 2012) 666 F.3d 581.
Summary Judgment Reversed In Age Discrimination Case.
The Ninth Circuit reversed the grant of summary judgment in a case which alleged violation of the Age Discrimination in Employment Act [28 U.S.C. §621]. Plaintiff was 54 years old with 29 years of experience. Someone else who was 42 years old and had two years of experience was hired. During the process, there was […]
Summary Judgment In Favor Of Bank Reversed In Identity Theft Case.
Fraudulent accounts were opened in plaintiff’s name, so he advised credit reporting agencies which, in turn, notified various banks of the situation. Chase Bank USA did perform an investigation but continued to report a fraudulently opened account as lost or stolen and the thief’s address as plaintiff’s address. The trial court granted summary judgment in […]