Since 1987, California prosecutors have brought public nuisance actions to curtail the activities of street gangs. Typically the injunctions enjoin gang members from engaging in a broad swath of activities, both legal and illegal, individually and with others, in certain areas. The district court decided that due process requires that the individuals be afforded an adequate […]
Employer’s Lawyer Had A Conflict Of Interest When Representing Employee At His Deposition.
Plaintiff wrote a statement shortly after an accident involving a co-worker, in which plaintiff said the other worker slipped and fell on a concrete floor soaked in oil and grease, but he did not say he witnessed the fall. About an hour later, someone in management asked him to write another witness statement. In the second, […]
An Unconstitutional Search No Longer From Warrantless Entry Into Curtilage Of Home.
Case Reported Last Year On our Blog, Now Heard By U.S. Supreme Court. Last year, we reported the following: Plaintiff was standing behind the gate at the entrance to her home when a police officer kicked it down and knocked her unconscious. The officer believed his warrantless entry into the curtilage of plaintiff’s home was […]
Captain’s Drawer Notes About Firefighter Are “For Personnel Purposes .”
The FireFighters Bill of Rights [FFBOR] found in Government Code section 3255 provides:“A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment […]
Big Win On Damages Now Big Loss.
79-year-old resident of a nursing home fell nine times in five weeks, usually while getting out of bed to go to the bathroom. The last time, he had to undergo brain surgery for a subdural hematoma suffered as a result of hitting his head, and later suffered a stroke. He filed a complaint for elder abuse. On […]
Tragic Circumstances: Mandatory Duty.
Plaintiff brought an action against the State Department of State Hospitals and its administrators for breach of mandatory duty. Plaintiff’s sister was raped and murdered by a man who was paroled from state prison four days earlier. Plaintiff’s claim is that the perpetrator is a sexually violent predator within the meaning of Welfare and Institutions Code section […]
Unlawful Prior Restraint.
The plaintiff’s attorney in a personal injury case had a website advertising her success in two cases raising issues similar to those she was about to try. The trial court admonished the jury not to “Google” the attorneys or to read any articles about the case or anyone involved in it. Concerned that a juror might […]
Employee Not A Sophisticated User.
A man worked for a few decades for the U.S. government as a boiler technician. Defendant manufactured and sold valves containing asbestos, to which plaintiff was exposed. In 2009, he was diagnosed with mesothelioma. The trial court rejected defendant’s proffered instructions on a “ sophisticated user ” defense, and the jury awarded compensatory and punitive damages. […]
Affirming Grant Of New Trial In Medical Malpractice Case Based Upon Irregularity In The Proceedings.
The surgeon tore a glove while performing a hysterectomy and prescribed an antibiotic to avoid infection. Within days, she developed vomiting and diarrhea. At a clinic, she was given IV fluids, but the diarrhea was non-stop. She was hospitalized and went into shock and a diagnosis of pseudomembranous colitis, a severe inflammation of the colon, as a […]
Lawyers Sued For Legal Malpractice Related To 1994 Services Rendered To Client.
A law firm aided clients in obtaining a judgment in 1994. They contend they were not advised of the necessity to renew the judgment. After 2004, their judgment was unenforceable. The clients brought an action for legal malpractice and obtained a judgment. While faced with several creative arguments, the appellate court did not reach most of […]
- « Previous Page
- 1
- …
- 82
- 83
- 84
- 85
- 86
- …
- 165
- Next Page »