Margarito V State Athletic Comm N B220649

No due process violation for revoking a boxer’s professional license Margarito v. State Athletic Comm’n, B220649, concerned a challenge to a trial court’s denial of plaintiff’s petition for writ of mandate seeking to compel defendant California State Athletic Commission (Commission) to set aside its order revoking plaintiff’s professional boxing license for placing adulterated pads in the hand wraps. In affirming, the court held that no due process violation occurred and the professional boxing rules allowed the Commission to hold plaintiff strictly liable for the rule violation that occurred here and to revoke his license on that basis....

September 25, 2022 · 1 min · 158 words · Frank Sorensen

Match Com Sued After Woman Stabbed By Ex Date

Instead of suing her attacker, a woman is suing Match.com after she was stabbed by a man she’d met online. Mary Kay Beckman seeks to hold the dating website responsible for the suffering she endured in a brutal attack in 2011. Her attacker was sent to prison. Beckman is suing Match.com for $10 million, alleging negligence, negligent misrepresentation, deceptive trade, failure to warn, and negligent infliction of emotional distress. Beckman’s attacker is no longer around, having died in prison where he was serving 28 to 70 years for the attack....

September 25, 2022 · 2 min · 392 words · Kimberly Springer

Need A Last Minute Halloween Costume Why Not Texas Law Hawk

You’ve got less than a week to put together the perfect, attorney-appropriate Halloween costume. Forget going as sexy Chief Justice Roberts or a blood-lusty Antonin Scalia (serving up some lethal injection cocktails). Why not try the Texas Law Hawk? All you need is a suit, a dirt bike, and a whole lot of screaming. Bryan Wilson, the so-called “Texas Law Hawk,” has quickly gained a reputation, on YouTube at least, for his screaming, flame-shooting, not-exactly-subdued approach to attorney advertising....

September 25, 2022 · 3 min · 483 words · Dylan Grant

Northridge Earthquake Related Suit Against Insurer Habeas Proceedings

Vill. Northridge Homeowners Ass’n v. State Farm Fire & Cas. Co., S161008, involved a homeowners association’s suit against an insurance company, claiming that the insurer fraudulently induced it to settle a Northridge earthquake-related claim for less than it was worth under the policy. In reversing the judgment of the court of appeals, the court remanded the matter in holding that a release of a disputed claim does not permit a party to elect the remedy of a suit for damages when the release itself bars that option....

September 25, 2022 · 2 min · 308 words · Marguerite Reynolds

Office Of The Inspector Gen V Superior Court C064178

Petition for an extraordinary writ and an immediate stay to compel a court to vacate its order compelling production of investigative files regarding Phillip Garrido’s parole supervision to various media Office of the Inspector Gen. v. Superior Court, C064178, concerned the Office of Inspector General’s (OIG) petition for an extraordinary writ and an immediate stay to compel the superior court to vacate its order compelling production of OIG’s investigative files of the CDR’s parole supervision to various media, in a highly publicized case involving Phillip Garrido’s alleged kidnapping of a female victim and holding her hostage for 18 years, while repeatedly sexually assaulting her, producing two children....

September 25, 2022 · 1 min · 164 words · Nicole Morris

Order Placing A 62 Year Old In A Locked Skilled Nursing Facility Affirmed Plus Family Law Property Civil Procedure Matters

Vanderkous v. Conley, A125352, concerned a challenge to the trial court’s finding that a trustee’s attempt to dismiss the action was void ab initio, because it was made after trial court had commenced and after it had entered judgment quieting title in trustee and directing him to pay defendant the full market value of the property as compensation for defendant’s equitable interest, in the trustee’s suit seeking to quiet title to certain real property....

September 25, 2022 · 3 min · 553 words · Jessie Blackwell

Pick A Practice Area You Love Not Just One That Pays

What type of law do you want to practice? Anything by anyone who’ll hire me. Ask me that question three years ago, when I was couch-surfing and unemployed, and that would’ve been my answer. We’re willing to bet that nearly every recent grad will give that same answer because, well, the job market is miserable. Take what you can get, because anything beats your momma’s couch. That’s all true, and taking an “until I find something better” gig, especially with a firm that has a variety of practice areas, is a good way to figure out what you don’t like....

September 25, 2022 · 3 min · 529 words · Maria Burns

Politician Caught Having Sex In Forest By Hidden Wild Life Camera

Wild life cameras generally capture animals but this one caught a politician in a moment of privacy. To be fair, politicians are a class of mammal that comes under a fair amount of scrutiny by the public and his actions were certainly wild. But the Carinthia Hunting Society in Austria which owns the cameras probably had other animal observation in mind. The Society set up hidden cameras in hunting zones that are off-limits to foot traffic in order to monitor forest wild life....

September 25, 2022 · 2 min · 344 words · Joe Daly

Starting Off An Internal Investigation Right

Missteps at the early stages of an internal investigation can snowball later on, frustrating your ability to respond to a crisis, whether it’s a data breach, employee scandal, or potential violation of the law. Failure to react to allegations of employee misconduct could damage the reputation of the company, for example, while a slow start to an investigation could mean lost evidence. Regulatory obligations could be missed, confidential information made public or destroyed....

September 25, 2022 · 3 min · 555 words · Allen Michaels

Summary Judgment In An Ip Matter Reversed Reassignment Advised

In TriMed, Inc. v. Stryker Corp., 09-1423, the Federal Circuit faced a challenge to the district court’s grant of summary judgment in favor of defendant of invalidity of the asserted claims of a patent relating to an implantable device used to set bone fractures in plaintiff’s patent infringement suit. As the court wrote: “Both the record in this case and the order granting Stryker’s motion for summary judgment are devoid of such reasoning,” and “The record also fails to explain why the district court summarily dismissed the evidence of secondary considerations of nonobviousness submitted by TriMed....

September 25, 2022 · 2 min · 255 words · Joseph Greene

The Aba Wants Your Help Picking The Best Legal Fiction

If you like the law and you love literature, the American Bar Association wants to hear from you. The ABA and the University of Alabama School of Law announced the finalists for the 2016 Harper Lee Prize for Legal Fiction last week. The Harper Lee Prize (which the late author of “To Kill a Mockingbird” has given her stamp of approval) is given every year to the best legal fiction that “illuminates the role of lawyers in society and their power to effect change....

September 25, 2022 · 3 min · 491 words · Bruce Morgan

Walmart Shoplifters Wield Baby As A Weapon

Frozen armadillos and dead weasels are weapons. Sex toys can also be weapons. But babies? Babies are not weapons. Not unless you’re trying to kill someone with the stench of a dirty diaper. Megan Kelley and Jodie Willis were unaware of this fact, finding themselves arrested and charged with robbery and child neglect over the weekend. The duo was allegedly in the process of stealing cosmetics from a Florida Walmart when confronted by security guards....

September 25, 2022 · 2 min · 304 words · Gerald Carlton

West Virginia Sues To Leave Big East For Big 12 Conference

West Virginia University has sued, seeking an immediate transfer from the Big East to the Big 12 conference. West Virginia hopes to become a member of the Big 12 before the 2012 football season. Unfortunately, the Big East’s bylaws may not allow West Virginia to break off so easily. The university hopes to have the bylaws declared invalid so that they can quit without having to wait two or more years....

September 25, 2022 · 2 min · 344 words · Jessika Bryant

What S With All These Singing Lawyers

Maybe it’s the success of ‘Hamilton.’ Maybe it’s fond memories of law revue. Or maybe lawyers are just recognizing the power of the jingle. But whatever it is, something is up. Everywhere you look these days, a lawyer seems to be singing, whether it’s about their new job or the dangers of eating weed. Thankfully, the internet is here, to memorialize it in all its inspiring (or cringe-inducing) glory. Let’s start with the most viral-worthy of the lawyer songs, “Don’t Eat Your Weed,” by Texas attorneys Will Hutson and Chris Harris....

September 25, 2022 · 3 min · 437 words · Maria Rhodes

Sexting Lesson Lands Az Man In Jail For Sending Pics Of Naked Girl

An alleged “sexting” lesson has backfired badly for an Arizona boyfriend. The man faces child sexual exploitation charges after he forwarded a photo of a naked girl to more than three dozen contacts on her cell phone. Eugene Foster, 31, of San Tan Valley, Ariz., near Phoenix, was arrested after he forwarded the girl’s nude photo Dec. 7. The girl is a teenager, but her age was not disclosed. Foster was dating the girl’s mother, and got angry after he found nude photos of the girl on the girl’s cell phone, a sheriff’s spokesperson told Phoenix’s KPHO-TV....

September 24, 2022 · 2 min · 349 words · Wesley Smith

Barry Bonds Obstruction Of Justice Conviction Overturned

Like many criminal defendants before him, Barry Bonds gave a “rambling, non-responsive answer to a single question.” That non-answer earned the ex-ballplayer an obstruction of justice conviction. And, like many convicted criminals before him, Bonds appealed his conviction. That appeal was finally successful today, after the 9th Circuit United States Court of Appeals reversed his conviction. The Long and Winding Answer The trouble for Bonds (in this particular case) started when, in front of a grand jury, he was asked if his trainer ever gave him anything he would need to inject himself with....

September 24, 2022 · 3 min · 451 words · Stanley Lee

Beer Worthy Or Sneer Worthy Client Retention Tips For Lawyers

Back in our college days, we worked at a mid-sized law firm in our hometown. Since it was a fairly prominent firm, there were several crops of law school go-getters that would pass through the firm’s wood-paneled halls each year as summer associates, vying for job offers. Without the pressure of competing for one of those coveted offers - that would come later - it was interesting to observe the summer associates in their natural habitat and make mental wagers as to who would win a job....

September 24, 2022 · 3 min · 508 words · Danny Shaffer

California Says Guns In Bags Also Violate On Your Person Laws

California whose gun laws are generally considered to be the most draconian in the nation just, got some backing by its highest court. According to the California Supreme Court, guns carried in pouches, backpacks and other such bags are also considered “on one’s person” and as such, are in violation of state laws against concealed carry weapons. Given the tectonic and bureaucratic processes to obtain a concealed carry weapon license in this state, the state Supreme Court’s ruling could mean the only way you’re going to legally have a gun in any city in California worth mentioning is to get shot and hope that someone puts a gun in your hands....

September 24, 2022 · 4 min · 703 words · Earl Reed

Constitutional Challenge To Religious Elements Of Presidential Inaugural Ceremony

Newdow v. Roberts, No. 09-5126, concerned a constitutional challenge to religious elements of the presidential inaugural ceremony. The court of appeals affirmed the dismissal of the action on the ground that plaintiffs’ claims regarding the 2009 inaugural ceremony were moot and plaintiffs lacked standing to challenge the 2013 and 2017 inaugurations. As the court wrote: “Even if we assume plaintiffs’ challenge is capable of repetition, they are barred from asserting it evaded review because plaintiffs failed to appeal the district court’s denial of their preliminary injunction motion....

September 24, 2022 · 2 min · 225 words · Mark Martin

Daily Fantasy Update Idaho Says No Tennessee Says Yes Sort Of

At this point, it can be hard to keep track of which states allow daily fantasy sites like DraftKings and FanDuel, which states have declared it illegal gambling and banned it, and which states have some new regulatory law in place. (Lucky for you, an upstart, independent sports media entity with no vested interest in the success of one of those sites has a handy guide to help.) The latest developments are coming from the Gem State and Volunteer State, where one state booted DraftKings and FanDuel, while the other declared fantasy sports “illegal gambling” weeks before passing sweeping legislation regulating and taxing daily fantasy sites....

September 24, 2022 · 3 min · 553 words · Glenn Leonard