In an action seeking to compel the Secretary of State to record in official documents that Israel was the birthplace of a U.S. citizen born in Jerusalem, the action was nonjusticiable under the political question doctrine, as the U.S. takes no position on whether Jerusalem is part of Israel. Read Zivotofsky v. Sec’y. of State, No. 07-5347 Appellate Information Argued October 17, 2008 Decided July 10, 2009 Judges Opinion by Judge Griffith...
If you’re one of those unfortunate souls who don’t have the pocket room for their fake gun and an iPhone case and can’t choose between the two, or if you’re worried your chances of being shot by police for carrying a replica pistol are too low, have we got a product for you. Behold the gun-shaped iPhone case, designed to antagonize real gun holders and … well, we’re not sure why else you’d want one of these....
The California Court system has been in crisis for quite some time. Years after years of budget cuts have shuttered courthouses, created hours-long lines, and delayed, if not outright denied, access to justice for many. In January, Gov. Jerry Brown released a proposed budget that would have added $100 million in funding system-wide (most of which would’ve gone to pension obligations) – a drop in the bucket compared to the estimated $1 billion in cuts over the last six years, or $544 million in cuts in 2012 alone....
Two justices out of Florida’s Eleventh District, Federal Court of Appeal, have sandwiched a ruling between pop culture quotes from drastically different time periods. The opinion opens quoting Tyrion Lannister, a character from the HBO series Game of Thrones, and closes with one of the more widely known literary quotes from Shakespeare’s MacBeth. What’s more is both quotes actually fit the case, Rodriguez v. City of Doral, et. al., rather well....
The Detroit Tigers’ beloved anti-ketchup hot dog vendor was fired in early September, and fans of the man’s mustard-only views have been left wondering why. As The Detroit News reports, Charley Marcuse, also known as the Singing Hot Dog Man at Comerica Park, was fired after 15 years of service, with some Tigers fans speculating that the reason for his firing wasn’t the singing, it was his staunch anti-ketchup policy....
With so many legal issues brewing in the state of California, it’s hard to settle on just one. Between the ongoing drought and water shortage in California, new civil rights lawsuits and federal challenges to state laws, there’s a lot to talk about. So let’s get to it and see what all the headlines are about. Voting Rights of Ex-Felons On Tuesday, the ACLU filed a lawsuit in Superior Court in Alameda County seeking declaratory injunctive relief on behalf of ex-felons that fall under new categories of low-level felons under realignment, according to KQED....
In another of a series of bizarre events occurring in Dunkin’ Donuts across the country, Christopher Hildreth, a former employee at the Jaffrey, New Hampshire location, has been charged with two counts of attempted simple assault after being caught placing his own “nasal mucus” in the chain’s beloved coffee. In a slightly ironic twist, his victims were none other than Detective Joseph Hileman and Lt. Terry Choate, two local police officers who happened to watch the entire debacle on video....
The U.S. Federal Circuit’s decision in ClearCorrect v. ITC and AlignTech has the potential be one of year’s most important copyright / intellectual property cases, significantly outlining the boundaries of what the agency can and cannot oversee. In the case, the court overturned the U.S. International Trade Commission’s determination that “articles” includes electronic data that infringes on a U.S. patent. The case of ClearCorrect involves our favorite newfangled culprit, 3D printers....
Ohio had good reasons to increase the efficiency of home foreclosures in the state: reducing the time it takes to complete a foreclosure can also cut down on the problems long-vacant properties can create, such as blight, squatters, and vandalism, along with the lowering of neighboring property values. So the state passed House Bill 390, which not only shortened foreclosure timelines, but also removed the requirement that bidding on foreclosed homes at auction begin at two-thirds of the appraised value of the home....
The Federal Circuit Court of Appeals came down with a ruling on a Son-of-Boss case. Before we get into the details of what a “Son-of-Boss” case really means, let’s talk a bit about the court’s ruling. The case came from the Court of Federal Claims, where the Internal Revenue Service’s earlier determination had been dismissed. The IRS had said that certain transfers made between a partnership and a trust were shams....
Floridian Mark Bausch is a man who steals parrots. Well, to be more specific, Bausch is a man who trades his pet parrot for a computer and $50, according to WKMG-TV. Then he steals a parrot (that used to be his). So, what exactly happened to instigate a parrot-heist? Bausch had allegedly traded in his pet bird, a sun conure worth around $300, with a 64-year-old woman and her 81-year-old mother, WKMG-TV reports....
Have your heard the news? Everything in the Nevada attorney job market is awesome. Pay is increasing, there are dozens of new positions opening up every day, and people would love to hire fresh grads with no experience! Well, maybe not. That kind of news would happen in an ideal world, but unfortunately, in today’s economy, news about the attorney job market is still as dire as ever. And, next up on the sad legal market news roundup is the great state of Nevada, where attorney pay is declining....
Giovanni Ramirez has sued LAPD Chief Charlie Beck for defamation, a year after Ramirez was wrongly accused of beating San Francisco Giants’ fan Bryan Stow. In March 2011, Stow traveled to Los Angeles to watch his Giants take on the Dodgers. Decked in the orange and black of the Giants, Stow made an easy target for the jeers of Dodger fans. However, the jeers became violent and Stow was beat unconscious by two suspects when leaving the game....
In plaintiff’s suit against defendant employer seeking recovery of unpaid wages, denial of plaintiff’s motion for class certification and subsequent motion for leave to amend complaint to substitute new class representative is affirmed in part and reversed in part where: 1) except as to a finding that plaintiff is not an adequate class representative, trial court did not apply the applicable criteria as it is evident that common legal and factual issues predominate over any individual issues with respect to the meal and rest break claims; and 2) denial of motion for leave to file the First Amended Complaint is reversed with directions to file it nunc pro tunc....
Know anyone who would rather not spend $150 for a Civil Procedure textbook they will only end up using a doorstop? Ever think about buying digital study guides? Or how about renting casebooks? With law school costs skyrocketing and the job market in the dumps, it’s certainly something to consider, potentially saving you more than would buying used. Casebook rental is unique in that it provides you with both an online and hardcopy of the text....
New York man Joseph Pressil, 36, is the happy father of two four-year-old twins. He used to think that the twins were born out of an accidental pregnancy with his ex-girlfriend, Anetria Burnett, who he dated for 6 months in 2007. He was paying $800 a month in child support after a paternity test proved he was the father. He now has joint custody of his children. But it turns out, the pregnancy might not have been so accidental after all....
I hereby sentence you to… contraception? An Ohio appeals court has upheld an order by a probation judge that a deadbeat dad refrain from having kids until he pays the nearly $100,000 he owes in child support. Asim Taylor, 35, of Elyria, was sentenced to five years probation in 2013 for failing to pay child support to his four children. As a condition of that probation, the judge ordered that Taylor have no more children while on probation....
In plaintiffs’ lawsuit on behalf of decedent for negligence, products liability, and false representation arising from exposure to asbestos while working on U.S. Navy ships and shipyard, trial court’s judgment against defendant is reversed and remanded for a new trial where, although the trial court was correct in concluding that the jury’s verdict on the affirmative government contractor defense did not entitle defendant to judgment in its favor, a finding of negligent failure to warn is logically and legally inconsistent with the jury’s finding on plaintiffs’ strict products liability failure to warn....
Judgment of the trial court, that the imposition of mandatory sex offender registration under Penal Code section 290 was prohibited on a defendant convicted of lewd and lascivious acts involving 14- and 15-year old victims, is reversed where barring mandatory registration after a conviction under section 288(c)(1) was an unwarranted extension of People v. Hofsheier, 37 Cal.4th 1185 (2007). Read People v. Cavallaro, No. H032499 Filed October 6, 2009 Judges...
In plaintiffs’ request for an administrative mandamus challenging an environmental impact report certified by the defendant pursuant to CEQA concerning a transfer of water from a water agency and a water storage district to the defendant’s, judgment of the trial court is reversed, vacated and remanded as, although the trial court correctly rejected plaintiffs’ principal contentions, it erred in issuing the writ because the EIR contains no material defects. Read Planning & Conservation League v....
