Plaintiff said that over a two-year period, he paid off his Dell computer, which he had financed. Dell’s records showed otherwise and, along with 85,000 other Dell financial debts, sold plaintiff’s debt to a debt collection company. Plaintiff brought a class action pursuant to 15 U.S.C. § 1692 [Fair Debt Collection Practices Act], alleging the […]
Changing The Arbitration Rules In The Middle Of The Game.
After the U.S. Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion (2011) 131 S.Ct. 1740, [179 L.Ed.2d 742], Nordstrom made revisions to its employee arbitration policy contained in its employee handbook. These changes precluded employees from bringing most class action lawsuits. Weeks later, plaintiff filed a class action against Nordstrom, alleging violations of […]
Following The Rules Set At The Beginning Of The Arbitration Game.
When Bloomingdales hired plaintiff, she received a set of documents including advisement that its policy was to resolve disputes through arbitration unless she returned an enclosed form within 30 days electing, as the form put it, “NOT to be covered by the benefits of arbitration.” Plaintiff thereafter filed a class action against Bloomingdales for unpaid overtime […]
No Living-In-Car Ordinance Held Unconstitutional.
Plaintiffs are four homeless persons who are Living-In-Car contend a city ordinance is unconstitutional. In 1983, the City of Los Angeles enacted an ordinance, Municipal Code section 85.02: “No person shall use a vehicle parked or standing upon any City street, or upon any parking lot owned by the City of Los Angeles and under the […]
Law Didn’t Keep Up With Science On Abortions [Or Didn’t Want To Keep Up With It].
In 2000, the Food and Drug Administration [FDA] approved the use of medications to perform abortions, and medication abortions now account for 41 percent of all first-trimester abortions performed at Planned Parenthood clinics nationwide. This less invasive procedure is particularly important for victims of rape or sexual abuse as well as women with medical issues […]
46 Months For Un-Social Media Postings & Stalking.
Criminal defendant sent sexually suggestive and threatening texts and emails to his former girlfriend and her friends. He created a Facebook page in her name and posted nude photos of her on it. A jury found him guilty of stalking in violation of 18 U.S.C. § 2261A (2)(A) & 2261 (b)(5). On appeal, defendant contends […]
Illegal Pyramid Scheme.
The Federal Trade Commission Act, § 5(a) [FTCA; 15 U.S.C. §45(a)(1)] states that “unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.” In that context, a marketing company offered participants the ability to become independent retailers of music and other merchandise as well as earn points redeemable for music or […]
Discrimination Allegations In Health Care To Deaf Woman.
Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]
Remanded For Possible Fourth Amendment Violation.
During the strip search portion of an arrest, a suspect possibly feigned a seizure and was observed “pushing his finger in his anus attempting to conceal an item” in a plastic baggie. Paramedics took him to a hospital where a doctor unsuccessfully tried to remove the baggie by inserting his fingers into the suspect’s rectum. […]
To Err Is Human, And To Blame It On A License Plate Computer Is Even More So — Robert Orben.
Plaintiff was driving along and police made a “high risk” stop. They held her at gunpoint, handcuffed her, forced her to her knees and detained her for 20 minutes. Turns out, the Automatic License Plate Reader [ALPR] made a mistake, and identified her car as a stolen vehicle. Eventually the police ran a check of […]
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