It was not news in Washington, D.C. when a prominent doctor sued United Medical Center. Washington Post readers could see it coming because Dr. Julian Craig told city officials about billing problems at the hospital, only to be fired weeks later. Councilwoman Mary Cheh put it this way: “This looks like a classic retaliation to me,” she said. Now a federal court will decide in Craig v. Not-for-Profit Hospital Corporation....
The D.C. Circuit has revived a challenge to the constitutionality of the Dodd-Frank Act. A small Texas bank, State National Bank of Big Spring, had challenged the constitutionality of the Wall Street Reform Act. It was joined by 11 states, who also took issue with the Act. Dodd-Frank, you’ll remember, was passed in 2010 in an effort to reform the banking industry and prevent a repeat of the financial collapses that began the “Great Recession” of 2007 to 2009....
A driver in New Hampshire is making headlines for her less than stellar decision that ended up getting her arrested. While the snow was coming down, the roadways were covered in snow and slush, and after police had issued a speed warning, Ms. Speed Racer, reportedly, was late to a car stereo installation appointment and decided to floor it. The 21 year old was clocked at 91 mph in her 2008 Saturn Astra (which is a car brand that General Motors no longer makes, in case you were wondering)....
Robots may take over many jobs in the future, but one position is not going to an automaton: personnel manager. After all, you can’t really expect a robot to have empathy with a human. The human touch is so important that, according to studies, employees often quit just to “get away” from a manager who doesn’t care about them. 1. Critical Honesty In the law business, it is not hard to find people who are critically honest....
The Federal Circuit on Monday rejected a plea by a well-known patent troll to remain in federal court. MPHJ Technology purported to own the patents to scan-to-email technology. It sent demand letters to small businesses that use scan-to-email in their copy machines (which is to say, all of them) asking for license fees in the amount of $1,000 per employee, Ars Technica reported last year. The State of Vermont had it up to here with MPHJ demanding license fees from Vermont corporations and nonprofits, so it filed a lawsuit in state court, alleging unfair and deceptive trade practices....
Carlton Fisk was arrested for a DUI after police found him passed out in his pickup truck. The Hall of Fame catcher had apparently driven his Ford F-150 pickup truck into a ditch in an Illinois farm field. When police arrived at the scene, the 64-year-old Fisk was allegedly sleeping behind the wheel of the truck and the vehicle’s engine was still running. Police say that Fisk was disoriented when officers woke him, and he declined a blood-alcohol test....
From laptops to smartphones, the law school experience certainly isn’t what it used to be. Not many things are “how they used to be” given how integrated everyday life has become with all the latest technology. But when it comes to law school classrooms really taking advantage of the cutting-edge technology available today, few are actually doing it. However, with how much more accessible certain technologies are becoming, it seems that it might only be a matter of time before every law school offers virtual reality learning sessions....
Thousands descended on America’s airports this weekend, protesting an executive order signed by President Trump on Friday that banned immigrants and visitors from seven predominantly Muslim nations. Protesters came equipped with bullhorns, signs, and even, in San Francisco, a brass band. Amid the calls of “No ban, no walls, sanctuary for all!” a remarkable chant broke out: “Thank you, lawyers!” Following the signing of the order, dozens of affected immigrants who had been set to join, or just visit, the United States just hours before, suddenly found themselves detained when they touched down....
Court of appeals’ decision upholding the juvenile court’s decision sustaining a petition charging juvenile defendant with possession of metal knuckles is reversed as a cylindrical object like the (bicycle) footrest in this case is not a device “worn…in or on the hand,” under the definition of “metal knuckles” provided in Penal Code section 12020(c)(7). Read In re David V., No. S167716 [HTML] Read In re David V., No. S167716 [PDF]...
Landlords and tenants can get into all kinds of disputes, especially when pets are involved. The vast majority of those resolved amicably, with adjustments to pet behavior, perhaps an additional deposit, and, in extreme cases, a tenant and pet relocating. The one way you don’t resolve a pet dispute, if you’re the landlord, is by illegally entering the tenant’s apartment and poisoning the pet with antifreeze. But that’s what one Portland woman is claiming happened to her 11-month-old Persian mix, and she’s suing her landlord for $253,000....
In a personal injury action based on plaintiff’s fall from a horse, summary judgment for defendants is affirmed where, although it became evident the injured rider lacked the skills to control a horse in that setting, the owners of the horse were entitled to accept plaintiff’s representation that she had experience riding horses, thus indicating she knew how to control horses. Read Levinson v. Owens, No. C057565 Appellate Information Filed August 26, 2009...
Michael Jordan has been all about protecting his image as of late, and now he’s taken the fight all the way to China. The basketball superstar has filed a lawsuit against sportswear company Qiaodan Sports, accusing it of illegally using his name and jersey number. Qiaodan is Jordan’s Chinese nickname, and it has appeared on millions of dollars worth of merchandise since 2000. The company claims it has a right to exploit Jordan’s Chinese nickname, having trademarked it under local law....
Maricopa County Sheriff Joe Arpaio has incited yet another controversy, announcing that he plans to celebrate this year’s Major League Baseball All-Star Game with his very own all-star chain gang. And to prevent the appearance of “discriminating against the people here illegally in this country,” he’s not only employing American inmates, he’s extending an olive branch to undocumented immigrants, so that they feel welcome here, too. Apparently Arpaio, who is known as “America’s Toughest Sheriff,” decided that a group of inmates, all convicted of driving under the influence, should spend 9 innings picking up trash outside of Chase Field next week, reports The Arizona Republic....
Athletes accused of domestic violence make for sensational headlines, but a new statistic shows that divorce may actually occupy much more of the average pro athlete’s home life. According to The New York Times and Sports Illustrated, the divorce rate for professional athletes is somewhere between 60 and 80 percent – much higher than the 50 percent estimated for all Americans, reports Forbes. It would be irresponsible to take an increased divorce percentage as a reason to downplay or discount the effect of domestic violence for athletes....
Chalk this up to a lack of careful reading and/or unfamiliarity with law firm hiring models. This morning, my Twitter blasted across a happy headline via a tweet: It’s 2007 All Over Again For Law Students. Could it be? Will things be better for my dear brother (class of 2017)? Legal. Market. Recovery. Except, no, not really. Follow the source link to The Wall Street Journal and you’ll find the source of the confusion: law firms aren’t subjecting summer associate classes to firing squads, and, indeed, they are offering long-term gigs in pre-recession percentages....
In Thiara v. Pac. Coast Khalsa Diwan Soc’y., No. F0055729, the California Court of Appeal for the Fifth District dealt with defendant’s timeliness of notice of appeal involving a writ of mandate compelling a nonprofit religious corporation to permit their members to inspect the corporation’s membership list, books, and records. The court held that the defendant’s notice of appeal was filed timely because they were required to file their notice of appeal within 180 days after entry of judgment under the circumstances rather than 60 days....
What’s the best way to protest the police? Civil defecation! Did we mention that Daisy is a pig? Just One Pig Exercising a Little Civil Disobedience Late last week, while the other piggies stayed home, Daisy decided to go to town. There, she chased Debbie DeRiemaecker around her garden. Luckily, the chase didn’t last long, as the menacing pig got distracted by a lawn ornament. DeRiemaecker called the police, who came and put Daisy under arrest....
Back in January, President Obama capitalized on the Senate’s generous recess allowance and placed two Democrats and one Republican on the National Labor Relations Board (NLRB). The NLRB supervises union elections and resolves disputes between private-sector employers and employees, but it can’t operate without a quorum. The recess appointments preserved the quorum, The Wall Street Journal reports. It was also a strategic move. The Journal explains that by making the appointments when he did, “Obama doubled to two years the length of time the appointees can serve....
In an action arising following denial of plaintiff’s application for a coastal development permit for the construction of residential and commercial buildings on six lots on the bluffs above a city, dismissal of plaintiff’s petition for a writ of administrative and ordinary mandate and a complaint for damages and equitable relief against the California Coastal Commission is affirmed where: 1) the Commission’s interpretation of the city’s local coastal plan and Coastal Act Provisions is reasonable, and substantial evidence supports its decision, visitor-serving priorities; 2) the Commission had no duty to approve a revised project; 3) trial court did not err in dismissing the complaint in concluding that the Commission conducted a fair hearing, did not proceed in excess of its jurisdiction and did not abuse its discretion in disposing of plaintiff’s claims for violation of due process and equal protection; and 4) plaintiff’s claim for damages for a regulatory taking of property is not ripe....
In an action by a mobile home park operator to enjoin the application of an ordinance on preemption grounds, dismissal of the action is reversed where the Subdivision Act expressly preempted the ordinance because it states that the “scope of the hearing” for converting a mobile home park to residential ownership “shall be limited to the issue of compliance with this section.” Read Sequoia Park Assocs. v. County of Sonoma, No....
