In an attorney-plaintiff’s case against a law firm for breach of contract to pay contingent fee for referring a client and related claims, trial court’s judgment in favor of plaintiff is affirmed as defendant’s right to due process was not violated by the trial court’s refusal to dismiss the action on the ground that defendant could not present a defense without violating ethical duties it owed to a client to preserve confidentiality....
The Court of Appeals for the Federal Circuit this week affirmed a district court’s finding that prosecution history estoppel barred a pharmaceutical manufacturer’s allegations of infringement under the doctrine of equivalents. The plaintiff, Duramed Pharmaceuticals, claimed a patent for conjugated estrogen pharmaceutical compositions for use in a hormone replacement therapy it produces. Because conjugated estrogens are extremely water sensitive and susceptible to moisture degradation in storage, Duramed developed a conjugated estrogen formula that included a moisture barrier coating (MBC) to inhibit the drug’s moisture absorption and reduce storage-related degradation....
There are a lot of things you can learn from last week’s arrest of Broward County Assistant State Attorney Molena Mompoint – keep your plate tags up to date, don’t volunteer unnecessary information. But the big one is this: beware of the company you keep. Mompoint was stopped for driving a car with long-since expired tags and not using a turn signal. She ended up in cuffs, charged with methamphetamine possession, suspended without pay, and she’s become a national headline....
A contract of adhesion isn’t necessarily unconscionable. Maribel Baltazar is a “married woman of Mexican ancestry.” She began working for Forever 21 as an associate in the company’s downtown Los Angeles distribution center in November 2007. The fast fashion chain and two of the employees filed a motion to compel arbitration pursuant to an arbitration agreement that Baltazar signed in 2007. Baltazar, however, argued that the agreement was unconscionable, noting that she had signed it as part of her employment application....
Ending years of litigation against the largest state bar association in the nation, an arbitrator has thrown out a whistleblower case against the California State Bar by its former executive director. Joe Dunn, who is also a former state senator, alleged that the bar association fired him for reporting problems with the agency’s chief trial counsel and for accusing the state bar of wasteful spending. The arbitrator denied Dunn’s claims and concluded the bar had good reason to fire him....
Last year, Graton Casino opened near Sonoma; you’ve probably seen their catchy TV commercials, featuring Macklemore and Ryan Lewis’ song “Can’t Hold Us.” Still, that hasn’t stopped opponents from trying to shut it down. (More on that in a bit.) Separately, California voters this month defeated Proposition 48, which would have allowed two Indian tribes to build a casino near Fresno on land that wasn’t traditionally theirs; instead, the land would be purchased by the federal government and held in trust for the benefit of the tribes....
What kind of coin are Washington D.C. lawyers making these days? Call it the spiritual home of lawyers, for the District is packed with some 80,000 attorneys. For an area with a population of 599,657, that’s a lot of pinstripes. But is it a lot of dough? Most lawyers know that the stereotype of the Benz-driving, Bluetooth-sporting shark is not the whole story. There are attorneys dedicated (gasp) to public service who make far less than the public might guess....
The going doesn’t get much better than being an in-house lawyer. Regular hours, regular pay, respect from the proletariat, and best of all, no billable hour logs. As such, one of the easiest ways an in-house lawyer can make sure they don’t get fired is to avoid conflicts. One of the most common conflicts involves representing the company and its employees and officers in the same legal matter. Adverse interests may not be readily apparent at the outset, but as time continues, a conflict could arise that could render you no longer employable by your only client....
A Staten Island ice cream man who sold drugs out of his truck has been sentenced to 3 1/2 years in prison. Louis Scala was accused of running a $1 million drug-trafficking ring out of his Lickety Split truck. Between 2009 and 2010, he acquired and sold approximately 43,000 oxycodone pills. His sentence is the result of a deal, which found him pleading guilty to second-degree conspiracy and third-degree criminal possession of a controlled substance....
Petition for writ of habeas corpus is granted where a postjudgment petition for writ of mandate pursuant to Penal Code sec. 1405 challenging the order denying defendant’s motion to conduct DNA testing is sufficiently similar to an appeal to justify application of the constructive filing doctrine, and defendant satisfied the factual requirements for constructive filing. Read In re Antilia, No. G041453 in PDF Read In re Antilia, No. G041453 in HTML...
With practically everything connecting to the internet, why are law schools so slow to connect students to online education? It’s been four years since the American Bar Association approved the first distance learning program for juris doctorates. The Internet of Things has changed everything but legal education – there’s still only one ABA school offering an online degree. Now the bar association is circulating a proposal to allow law schools to offer online courses for up to 50 percent of a student’s credits....
The Naked Cowboy is intent on protecting his brand. That’s if you can call parading around Times Square in your underoos and cowboy gear a brand. This blogger prefers to call it a stripper fantasy gone awry. But that’s beside the point, because the news feeds on the square are proclaiming that the “Naked Cowboy sues CBS.” So what’s behind his newest lawsuit? For those who don’t follow the litigious habits of the Naked Cowboy, he apparently trademarked his act at some point in the last decade....
Praise the lord! Just not too loud. A Tennessee woman, Betty Jones, was arrested for praising the lord too loudly. It all began one Sunday in May when Jones, 54, went through her normal routine of a five-hour prayer session that included praising and dancing in her home while blasting the music of Randy Travis, Alan Jackson, and The Judds, reports The Associated Press. Again, that’s five hours of loud prayer....
In an action for equitable contribution, trial court judgment is reversed in part and affirmed in part where: 1) the right of equitable contribution between insurers is not controlled by the contract between the insured and the insurer but by equitable principles; 2) substantial evidence does not support the trial court’s determination that plaintiff’s right of equitable contribution from co-insurer ICW arose on May 24, 2002; and 3) substantial evidence does not support the trial court’s findings with respect to the dates on which plaintiff’s right to equitable contribution from defendant arose....
A man allegedly went on a full-on panty raid in a Florida family’s home, but his drawer dreams were dashed when the family cornered him in their bathroom. Manuel Rodriguez, 21, was allegedly caught red-handed pocketing panties and other laundry items last weekend, Fort Myers’ WBBH-TV reports. So what’s the price for stealing skivvies? In the middle of the night, the Gonzalez family suddenly awoke to a loud sound in their Naples, Florida, home....
Trial court’s conviction of defendants for first degree murder and firearm enhancement is affirmed where: 1) trial court did not err in admitting witness’ testimony in response to questions by the prosecution about one of the defendant’s reputation in the community; 2) trial court did not abuse its discretion by restricting cross-examination of a witness; 3) there was no error in challenged instructions that required the defense to remedy by requesting modification or amplification in order to provide effective assistance of counsel; 4) trial court did not err in failing to instruct the jury on flight; 5) trial court did not abuse its discretion in denying defendants’ joint motion for a new trial based on jury misconduct; and 6) trial court did not err in denying defendants’ access to jurors’ personal contact information....
Surrounded by scandal and facing possibly more sanctions from the NCAA, Ohio State quarterback Terrelle Pryor quit the team Tuesday afternoon, claiming that the decision to forgo his senior year was partially inspired by his wish to put his teammates’ interests before his own. Of course, many also believe his part in the school’s equipment for tattoos scandal would make him ineligible to play another game at Ohio State. Pryor’s also apparently decided to pursue a professional career, which also might have something to do with why he wants to avoid the NCAA....
What happens when a video game maker creates an avatar bearing someone’s likeness, but without using their name? In this case, they get sued. Michael “Tony” David has filed a class action lawsuit against video game maker Electronic Arts, known for the tagline, “EA Sports. It’s in the game.” Davis filed the lawsuit on behalf of 6,000 retired NFL players who are allegedly “In the game,” Madden NFL ‘09, without their permission....
Unsuspecting tourists might be a little surprised when walking through the streets of San Francisco. Currently, there is no S.F. nudity law that makes it illegal for nudists to walk around in the buff. And, some nudists take this to heart, baring all while strolling through city streets and eating at local restaurants. Until now, that is. S.F. Supervisor Scott Wiener is about to put a dent in some nudists’ plans....
In a putative class action against Citigroup by its former employees challenging the company’s forfeiture provision of a voluntary employee incentive compensation plan (Plan) upon termination in violation of Labor Code section 201 and 202, judgment of the court of appeals granting Citigroup’s motion for summary judgment is affirmed as the company Plan’s forfeiture provision does not run afoul of sections 201 or 202 because no earned wages remain unpaid upon termination for cause or resignation....
