A federal appellate court reversed the California state court murder conviction of a 17- year-old Hispanic boy, after concluding the prosecutor excused too many Hispanic jurors. Each side could excuse 20 potential jurors from the jury. Here, the prosecutor excused 12, and 7 of those 12 were Hispanic. The Ninth Circuit Court of Appeals concluded the prosecutor […]
Suit Against City Based Upon Americans with Disabilities Act Will Proceed.
A paraplegic who uses a wheelchair filed suit, pursuant to 42 U.S.C. § 12101 [Americans with Disabilities Act; ADA] and Civil Code section 54 [Disabled Persons Act], against a City, alleging he experiences great difficulty, discomfort and fear for his safety when frequenting facilities in the City because none of the City’s on-street parking is […]
Child Slavery: “Those Who Deny Freedom To Others Deserve It Not For Themselves.” Abraham Lincoln.
Plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast in West Africa, working up to 14 hours a day six days a week with only scraps of food to eat. They filed claims under the Alien Tort Statute [28 U.S.C. §1350] against American companies alleging they aided and abetted […]
Grant Of Summary Judgment Reversed In Police Shooting.
Police officers stopped a car for a broken tail light after being informed the driver was a methamphetamine-selling gang member. They shouted for the driver to get on the ground as he was emerging from the vehicle. According to four of the officers, he ignored their commands and instead reached for the waistband of his […]
“Third World Dentistry” Remark Not Sufficient For National Origin Discrimination.
Plaintiff is an Egyptian dentist who was enrolled in a two-year dental program at the University of the Pacific. Three months before graduation, the dentist was unsuccessful in inserting a crown. The head of the restorative dentistry program remarked, within hearing of faculty, students and patients, that the dentist’s clinical work was “Third World Dentistry.” […]
Service Of Process On Foreign Corporation.
After a plane crashed in Cuba, killing everyone on board, the family of one of the decedents sued the French corporation which designed and manufactured the airplane in federal court in California. Plaintiffs served the summons and complaint at the corporate headquarters in France, and the corporation moved to dismiss for lack of personal jurisdiction. After the trial court […]
Religion Is Like A Pair Of Shoes…Find One That Fits For You, But Don’t Make Me Wear Your Shoes. — George Carlin.
In California, a person with developmental disabilities has the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution, including “a right to religious freedom and practice.” (Welfare and Institutions Code section 4502 [Lanterman Act]). Plaintiffs are the owners six-bed residential community care facility. The defendant is a regional center established […]
Arbitration Agreement Just A Click Away.
Pursuant to an arbitration clause located on a “Terms of Use” hyperlink on its website, the national bookseller defendant petitioned to compel arbitration in a class action alleging deceptive business practices. The district court denied the petition, finding plaintiff did not unambiguously manifest assent to the arbitration provision contained on the website. The Ninth Circuit […]
Unloading Injured Passenger Constitutes “Use” Within Meaning Of Insurance Code Section 11580.1.
A passenger in a car that stopped at the scene of an automobile collision feared a person might be in danger of being further injured in an explosion because the wrecked car was smoking and leaking fluid. She grabbed the person inside and physically removed her from the car. The woman who was removed from […]
Summary Judgment Reversed In Sex Discrimination [Against Men] Case.
In 2006, the San Francisco Sheriff’s Department implemented a new policy prohibiting male deputies from supervising female inmates in the housing units of the jail operated by the County. In 2007, 35 deputies filed suit alleging the policy constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The federal […]
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