Posts

In plaintiff’s suit against General Motors pursuant to the Song-Beverly Consumer Warranty Act, judgment of the trial court in favor of plaintiff is affirmed where: 1) there was sufficient evidence to support the trial court’s willfulness finding; 2) defendant provided neither legal authority nor any equitable ground to support its mitigation of damages defense; and 3) defendant failed to show that the trial court abused its discretion in awarding prejudgment interest, attorney’s fees and costs....

The Making a Murderer series on Netflix is back for its second season, and the new star is Steven Avery’s new defense attorney, Kathleen Zellner. Viewers and social media are loving her, and it’s probably due to the fact that she’s tenacious and persuasive. If that name sounds familiar, it’s because you’ve probably read one of the many stories about one of the many wrongfully convicted clients that she has helped to free from prison....

Be careful when knocking on doors. You never know who might answer. And you never know what you might be attacked with. Two Florida women banged on a man’s trailer door. An angry man answered and responded with a sword attack on one woman and peanut butter sandwich attack on the other. Which woman got the worst of the attack is surprising. If confronted with a sword or peanut butter sandwich attack, most of us would probably opt for the peanut butter sandwich....

Matt Bush, the first overall pick in the 2004 MLB draft, has been sentenced to four years and three months in prison on DUI charges. The former elite baseball pitching prospect was charged with driving under the influence with serious bodily injury for a hit-and-run that resulted in serious injuries for a 72-year-old man in Florida, reports USA Today. At the time of the accident, Bush had a blood alcohol level more than twice the legal limit....

Atlanta Falcons running back Michael Turner was arrested for a DUI just hours after his team defeated the Denver Broncos on Monday night. So much for the notion that our favorite athletes go home and rest up after a game, while studying some more game tape as they get ready for next Sunday. The good news is that Turner apparently did not suffer too much wear and tear during the game as he was able to party, reports The Associated Press....

Head football coach at Michigan Jim Harbaugh has no discernible political axes to grind, and yet many irons in the fire, as it were. While Harbaugh is known to attack topics with “an enthusiasm unknown to mankind,” he has remained coy about where he stands when it comes to Republicans versus Democrats. But he was clearly unhappy about one aspect of President Donald Trump’s proposed budget cuts. Harbaugh, along with his coaching, is a part of the leaders council of the Legal Services Corp, a government agency tasked with providing free legal aid in civil cases to over millions of low-income Americans....

New York City’s first $1 million parking spot has hit the market, and people are a bit appalled. The slab of concrete is about 12 feet wide, 23 feet long and 15 feet high. That’s enough space to add a car elevator. It also comes equipped with a different kind of elevator – one that goes to the 8,000 square foot town house or to the $38.8 million penthouse. Now, we know you have many a burning question about this space, but we’re only going to answer one of them....

Don’t knee a cop. Notre Dame’s Tommy Rees learned this lesson the hard way early Thursday morning when he and teammate Carlos Calabrese were arrested at an off-campus house party. When police arrived, Rees and Calabrese fled with a few others. Police arrested Tommy Rees after he kneed an officer, knocking him out. And Calabrese, upset with Rees’ arrest, allegedly threatened officers, telling them, “My people will get you.” If it hadn’t been for this little statement, Carlos Calabrese likely wouldn’t have been arrested....

Things got a little out of hand at Joshua Alger’s children’s Mc Donald’s birthday party. The 28-year-old Colorado man accused of passing out in the play area was charged with resisting arrest and told his children to bite the police officers trying to arrest him, the Associated Press reports. Police were called to Mc Donald’s after getting a report that the man was intoxicated at the party and passed out. Alger began making a scene when the children’s mother arrived and order his kids to ‘‘bite the officers’ faces off"....

In a case dealing with contracts between the US Forest Service and plaintiff that provide for timber harvesting in a forest region of Arizona, the circuit court in Precision Pine & Timber Inc. v. US, No. 08-5092, dealt with the issue of whether the federal government’s suspension of fourteen contracts breached any express or implied warranties. In reversing the the trial court’s judgment of liability and award of damages on all contracts except one, the court held that the trial court erred in construing a clause in question to create an express warranty and holding the Forest Service liable for misrepresentation....

There have been bank robbers, drug dealers, and even murderers who have all become lawyers. But convicted sex offenders? That might be a step too far for the Ohio bar, which is seeking to prevent a former Army officer convicted of trying to have sex with young girls from taking the state bar exam. The Ohio Supreme Court recently heard arguments in the case of John Tynes, the former sex offender seeking to become a lawyer....

The California Supreme Court heard arguments on Tuesday to decide whether the official proponents of Proposition 8 have legal standing to defend the measure in the case now pending before the Ninth Circuit Court of Appeals. Standing is a critical issue for Prop 8 because Gov. Jerry Brown and Atty. Gen. Kamala Harris refused to appeal retired-Chief Judge Vaughn Walker’s 2010 federal ruling striking down Prop 8. ProtectMarriage, the group that sponsored the 2008 ballot proposition, took up the cause of defending the controversial California measure....

Senator Charles E. Grassley, Republican of Iowa, is pushing a bill called the Court Efficiency Act, which would take away three unfilled seats on the D.C. Circuit Court of Appeals, and add one seat to both the Second and Eleventh Circuits. Senator Grassley is adamant that “no matter how you slice it,” the D.C. Circuit ranks last or almost last in nearly every category that measures workload. “The D.C. Circuit has 108 appeals filed per authorized judgeship, the lowest in the nation,” according to a statement from Senator Grassley’s office....

These days, more and more firms are being classified as “lifestyle” law firms. Before you ask, no, this doesn’t mean that there’s an abundant supply of Xanax in the break room (at least, there shouldn’t be). Generally speaking, lifestyle law firms try to maintain the importance of quality of life. They strive to recognize that lawyers have a life outside of their job, and do what they can to help maintain work-life-balance....

Steven A. Miner claims that, before helping his grown children file a “bad mothering” lawsuit against his ex-wife two years ago, he conducted a significant amount of research. But one look at the dismissal orders issued by Cook County Judge Kathy Flanagan and then a panel of judges that sit on the Illinois Court of Appeals, and you’re likely to wonder just how in-depth that research was. And what exactly made him think that a check-less birthday card equates to intentional infliction of emotional distress....

If you can afford to get some of the latest greatest tech for the legal nerd in your life, they’ll probably want that more than anything else. Think Google Glass, a new Apple Watch, or other fancy recently released tech. But, if you’re not looking to spend hundreds of dollars, there are some smaller gifts that nerdy or geeky lawyers are sure to delight in. Below, you’ll find five gift suggestions that won’t break the bank....

Between 2015 and 2016, at a high school in Napa, California, multiple hazing incidents are alleged to have occurred involving the football team. The allegations span both this, and last year’s school year. As a result, 17 of the school’s football players were investigated in relation to the allegations. Of those investigated, 6 were arrested and are now being charged with various crimes related to the hazing. Specific information about juvenile cases is not usually released....

American Apparel is famous for a lot of things. However, according to American Apparel, the exploding nail polish is not their fault, but the fault of Long Island-based Forsythe Cosmetic Group, maker of the nail polish. According to American Apparel, Forsythe put their polish in defective bottles which exploded on store shelves before American Apparel pulled them. American Apparel is suing for fraud, product liability and breach of contract, stylelist.com reports....

In plaintiff’s breach of fiduciary duty against defendants, trial court’s sustaining of defendant’s demurrers to the third amended complaint is affirmed as plaintiff failed to plead a cognizable claim for breach of fiduciary duty against the individual directors. Furthermore, even if a cognizable claim had been alleged, on the pleaded facts, the business judgment rule insulated the directors from personal liability on the alleged claims for breach of fiduciary duty as a matter of law....

The federal court for the District of Columbia recently ruled in favor of a few lawyers who were denied forgiveness for their student loans under the Public Service Loan Forgiveness program. In short, the court held that the lawyers who were told by FedLoan Servicing that their employment qualified for the forgiveness program could not have that promise rescinded. Additionally, the court vacated the new standards that the Department of Education and FedLoan Servicing used to justify these denials, as it found the new standards to have been implemented arbitrarily and capriciously....