The Mellor Law Firm, APLC

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

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SCOTUS Says Federal Policy Favors Arbitration.

February 2, 2016 by

federal policy favors Arbitration

A California consumer brought a class action against a satellite television service for unjust enrichment, declaratory relief, false advertising and violation of the Consumer Legal Remedies Act. The consumer had signed an agreement waiving rights to bring class action claims, and the agreement further stated that if “the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire Section 9 is unenforceable.”

Filed Under: Arbitration Law News, Legal News, U.S. Supreme Court Tagged With: 126 S.Ct. 1204, 131 S.Ct. 1740, 136 S.Ct. 463, 163 L.Ed.2d 1038, 179 L.Ed.2d 742, 19 Fla.L.WeeklyFed S. 94, 193 L.Ed.2d 365, 22 Fla.L.WeeklyFed.S. 957, 25 Fla. L. Weekly Fed. S. 567, 546 U.S. 440, 563 U.S. 333

Previously We Reported: The First Ninth Circuit Opinion: No Jurisdiction.

January 19, 2016 by

Jurisdiction

Respondent Carol Sachs is a resident of California who purchased in the United States a Eurail pass for rail travel in Europe. She suffered traumatic personal injuries when she fell onto the tracks at the Innsbruck, Austria, train station while attempting to board a train operated by the Austrian state-owned railway. She sued the railway in Federal District Court, arguing that her suit was not barred by sovereign immunity because it is ‘based upon’ the railway’s sale of the pass to her in the United States.

Filed Under: International Law News, Jurisdictional Law News, Legal News, U.S. Supreme Court Tagged With: 136 S.Ct. 390, 193 L.Ed.2d 269, 25 Fla. L. Weekly Fed. S. 561, 28 U.S.C. § 1602, 28 U.S.C. § 1605(a)(2), 695 F.3d 1021, 737 F.3d 584

Suicide By Cop?

December 22, 2015 by

Fourth Amendment rights and excessive force

When police with an arrest warrant informed a man he was under arrest, the man sped away, leading police on an 85 to 110 mile-per-hour chase. Twice the man telephoned the police dispatcher to demand the police stop chasing him, telling the dispatcher he was armed and would shoot. Other officers set up spikes at places they thought the man’s car would reach. However, one officer devised a plan to shoot at the man’s car to force the car to stop.

Filed Under: Fourth Amendment Law News, Government Law News, Law Enforcement Law News, Legal News, U.S. Supreme Court Tagged With: 136 S.Ct. 305, 193 L.Ed.2d 255, 25 Fla. L. Weekly Fed. S. 555

Gerrymandering (continued) –

September 8, 2015 by

In 2000, Arizona voters adopted an initiative aimed at ending the practice of gerrymandering and improving voter and candidate participation in elections. The electorate voted to remove redistricting authority from the Legislature and vest that authority with an independent commission. The Legislature challenged the redistricting map the Commission adopted for 2012. In upholding the use […]

Filed Under: Appellate Law News, Government Law News, Legal News, U.S. Supreme Court, Voting Rights Law News Tagged With: 135 S.Ct. 2652, 192 L.Ed.2d 704

Prisoners Did Not Identify Alternative Method Of Execution, So Relief Denied.

September 4, 2015 by

Prisoners sentenced to death in Oklahoma contended the method of execution used by the State violates the Eighth Amendment because it creates an unacceptable risk of severe pain. They argue that Midazolam, the first drug employed in the State’s three-drug protocol, fails to render a person insensate to pain. The United States Supreme Court denied […]

Filed Under: Eighth Amendment Law News, Law Enforcement Law News, Legal News, U.S. Supreme Court Tagged With: 135 S.Ct. 2726, 192 L.Ed.2d 761

Same-Sex Couples Have A Right To Marry & A Right To Have Marriage Recognized By Other States.

September 4, 2015 by

marriage

The United States Supreme Court held the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. Chief Justice Roberts, in his dissent joined by Justices Scalia and […]

Filed Under: Fourteenth Amendment Law News, Legal News, LGBT Law News, U.S. Supreme Court Tagged With: 135 S.Ct. 2584, 192 L.Ed.2d 609

Affordable Care Act “Obamacare” Upheld.

September 2, 2015 by

Virginia residents  challenged an Internal Revenue Service final rule implementing a premium tax credit provision, section 36B of the Patient Protection and Affordable Care Act, which authorized tax credits not only for purchases of state-established health insurance exchanges, but also purchases on  exchanges established by the federal government if States did not establish exchanges. The […]

Filed Under: Health Care Law News, Legal News, U.S. Supreme Court Tagged With: 135 S.Ct. 2480, 192 L.Ed.2d 483

Disparate Impact, Not Disparate Treatment.

September 2, 2015 by

With regard to a dispute about a low-income housing development in Texas, the United States Supreme Court held disparate impact claims are cognizable, stating: “Much progress remains to be made in our Nation’s continuing struggle against racial isolation. In striving to achieve our historic commitment to creating an integrated society. . . .we must remain […]

Filed Under: California Fair Employment and Housing Act -- FEHA Law News, Discrimination Law News, Legal News, U.S. Supreme Court Tagged With: 135 S.Ct. 2507, 192 L.Ed.2d 514

Patents Endow Their Holders With Certain Superpowers, But Only For A Limited Time. — Justice Kagan.

August 28, 2015 by

Patent

In 1990, an inventor obtained a patent for pressurized foam that can be shot in a way that mimics a spider’s string. Marvel Entertainment makes and markets products featuring Spider-Man, and Marvel began marketing a Web Blaster which shoots out foam, but without remunerating the inventor. Litigation for patent infringement ensured in 1997, and was […]

Filed Under: Intellectual Property News, Legal News, Patent Law News, U.S. Supreme Court Tagged With: 13 L.Ed.2d 99, 135 S.Ct. 2401, 192 L.Ed.2d 463, 379 U.S. 29, 85 S.Ct. 176

Free Speech: Texas Can Control What Its License Plates Say. 

August 25, 2015 by

free speech

Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or both. If the Texas Department of Motor Vehicles approves the design, the State will make it available for display on vehicles […]

Filed Under: First Amendment Law News, Legal News, U.S. Supreme Court Tagged With: 129 S.Ct. 1125, 135 S.Ct. 2239, 172 L.Ed.2d 853, 192 L.Ed.2d 274, 555 U.S. 460

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
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10.0Mark Albert Mellor

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