Posts

In writ proceedings arising from parties’ insurance coverage dispute, a court of appeals’ dismissal of the writ proceeding is affirmed as the court of appeal did not err in dismissing its August 28, 2007 order comprising the “suggestive” Palma notice at issue, and subsequent settlement of the litigation underlying the petition rendered moot the relief sought in that petition. It is not improper for an appellate court to issue a “suggestive” Palma notice, and further, it may do so without first having received or solicited opposition from the real party in interest....

David Berry Jr. has been sentenced to one year in jail for illegally killing hundreds of deer, but his sentence has an interesting twist: he must watch Bambi at least once a month during that year, with the first viewing on December 23. That should give him something to think about when pondering if Santa will find him on Christmas Eve, and if he is on the Naughty or Nice list....

Would you like to be rewarded for your vices? How about your love of alcohol? Then it may be time to move to Utah. Two of the state’s top regulatory spots will soon be reserved for burgeoning alcoholics if state Rep. Brian Doughty gets his way. He’s proposed legislation that would make recent liquor consumption a prerequisite for at least two members of Utah’s alcohol commission. Ostensibly, that would mean at least two members can’t be Mormon....

Illegal marijuana growers come in many types. Some operate carefully constructed indoor farms, complete with sophisticated hidden rooms equipped with hydroponic materials utilizing all sorts of advanced growing techniques. Then there are people on the other end of the spectrum, like Bryan Hartman, who was arrested for growing 17 plants of marijuana in his front yard. According to Osceloa County, Florida, police, Hartman’s front yard forest had marijuana plants as tall as seven feet....

Everyone knows that you can get arrested for driving a car under the influence of drugs and/or alcohol. But, even though DUI stands for “driving under the influence,” you can actually get a DUI for “driving” things other than cars as well. For example, the police recently arrested a man for a DUI because he was riding his horse on a Southern California freeway. DUIs Aren’t Exclusive to Cars In addition to getting a DUI for riding a horse drunk, it’s also possible to get a DUI for other uncommon vehicles....

Lobbyists lobby – they try to influence legislators to vote for their particular cause. This effort can include persuasive argument, fundraising assistance, or even campaign committee contributions. Outright gifts are strictly limited and must be reported. A new Missouri law may require lobbyists to report sex with state legislators as a “gift” under state lobbying statutes. This shines a whole new light on lobbying in The Show Me State. Specifically, House Bill No....

In an action for whistleblower retaliation, intentional infliction of emotional distress, and conducting a negligent investigation into complaints of harassment and retaliation, trial court grant of summary judgment for defendant is affirmed where: 1) plaintiff’s claim that there was a negligent investigation into complaints of harassment and retaliation fails as plaintiff did not demonstrate that the department’s written policy on behavior norms creates legally enforceable duties on the department that compels a careful investigation when a complaint is lodged that an employee has violated the behavior norms of the department; 2) plaintiff’s claim that the department’s actions violated whistleblower laws fails as neither LA County Code sec....

According to the latest issue of The National Jurist, Stanford Law School is the top law school in the U.S. My alma mater, LSU Law, ranks 11th. Yale Law is 13th. While I’m certainly happy to see a publication outside of the South validate my law degree, I’m no fool. The only categories in which LSU traditionally trumps Yale are athletics and attractive co-eds. So how exactly did The National Jurist calculate its law school rankings?...

College football coaches are fond of aggression, as long as it occurs between the lines. It also goes without saying that arguments and fights with former teammates are off limits. So when the aggression comes off the field, directed at a former teammate, athletic directors cringe and coaches hold awkward press conferences promising to clean things up. A particularly gruesome and violent event in Stillwater, Oklahoma has drawn considerable media attention....

We’ve all seen those Keurig coffee makers. Insert a “pod” or “K-cup” into the machine. It shoots hot water through the cup. One serving of coffee is produced. It’s basically a super-fast single-serving coffee maker, except those pods cost way more than traditional drip makers. Seeking to cash in on the single-serve market, other companies, including Sturm (under the name “Grove Square”), have introduced their own pods. The stakes, for Keurig, are high....

Trial court’s decision enforcing a cooperation agreement between law enforcement officers and defendant and dismissal of a felony charge and related probation violations is reversed and remanded as law enforcement officers had no authority to promise the felony charge and related probation violations would be dismissed, and defendant’s reliance on that unauthorized promise had no constitutional consequence permitting dismissal on due process grounds. Read People v. C.S.A., No. A122776 [HTML]...

In defendant’s conviction for assault with a deadly weapon, trial court’s denial of defendant’s Pitchess motion to discover police officers’ confidential personnel records is affirmed as the he failed to set forth a plausible factual scenario in support of his claim of officer misconduct. Read People v. Galan, No. B209903 Filed October 5, 2009 Judges Opinion by Judge Yegan Counsel For Appellant: Judith Vitek, under appointment by the Court of Appeal...

Students at a Colorado school district better dust off their Tim Tebow jerseys, because the school banned anyone from wearing a Peyton Manning jersey at their schools. The ban is nothing personal against the Denver Broncos new quarterback. If anything else, Manning is by all accounts an excellent role model and the key cog in the fortunes of the Broncos. However, Manning has also worn the number 18 throughout his career....

Roger Clemens was found not guilty on all charges in his perjury trial. The legendary former pitcher was accused of lying to Congress in 2008 about his alleged use of performance enhancing drugs, reports The Washington Post. Among the 40 plus witnesses that the jurors heard from in the seven week trial were Clemens’ own wife, best friend and former teammate Andy Pettitte, and the prosecutor’s star witness Brian McNamee....

In a suit brought by a Unified School District, minor school children, their parents, and the Board of Education against the state over construction costs for school facilities, trial court’s denial of plaintiffs’ petition for writ of mandate is affirmed where: 1) the State Allocation Board (SAB) and the trial court properly construed the applicable statute and regulation; 2) substantial evidence supports the finding that the certificates of participation (COP) proceeds were not encumbered; 3) there was no abuse of discretion in SAB’s conclusion that COP proceeds are the type of funds that should be included when calculating a school district’s ability to make a matching contribution; 4) the SAB did not act in excess of its authority when enacting the Regulation, and by deeming money in the district’s general fund to be available; 5) substantial evidence supports a finging that the district possessed the $89 million in available COP proceeds; 6) the Regulation and the Statute are not facially unconstitutional, nor unconstitutional as applied; and 7) plaintiffs’ argument, that the trial court erred by not making requested findings of fact and sustaining the State’s evidentiary objections while overruling plaintiffs’ evidentiary objections, is rejected....

Award of costs to both parties in a mixed-judgment case Shum v. Intel Corp., 10-1109, In plaintiff’s suit seeking correction of inventorship for patents originally issued to his former business partner, district court’s award of costs to each party with respect to the claims on which they each prevailed is affirmed as, although, by definition under Rule 54(d) of the Federal Rules of Civil Procedure, there can be only one prevailing party, district court’s alternate holding that defendants are the “prevailing party” within the meaning of Rule 54 is correct....

It’s almost the holidays, meaning children nationwide are spending time crafting Christmas gifts and writing Santa. So where does a holiday-themed panty party fit in here? Crain, 48, is accused of inviting five of her elementary school students to her home for pizza and tree-trimming. During the party, she allegedly asked the girls to put on some holiday-themed underwear. She then took pictures and recorded the girls on a camera....

In one of the many rollbacks from federal agencies over the last year, the FCC has curiously reinstated the UHF rule. Despite the fact that the technological rationale behind the UHF rule no longer exists due to the transition in 2009 to digital broadcasting, the rule was reinstated this past year. Almost immediately after the rule was reinstated, Sinclair Media began the process to acquire Tribune Media, leading to controversy and litigation....

The Truth Is Out There: You Two are Morons Two New Jersey men were assessed fines and ordered to community service this week for trying to prank Morris County and Hanover residents into believing that UFOs were in the area. Chris Russo, 29, of Morris Plains, and Joe Rudy, 28, of Chester were sentenced for staging a not-so-elaborate hoax in which they tied road flares to helium balloons and set them aloft in a local field....

Judgment of the United States Court of Federal Claims denying petitioner’s claim for back pay based on improper transfer after serving in the Navy for twenty years is affirmed in part, vacated in part and remanded where: 1) judgment of the court that petitioner’s transfer to the Fleet Reserve was not improper is affirmed; and 2) judgment rejecting petitioner’s claim for back pay from October 2000 to mid-May 2001 based on his post-transfer service is vacated and remanded....