California High Speed Rail Settles Environmental Lawsuit

Nothing is ever really settled. It just seems that way. The Earth used to be the center of the universe, but Copernicus changed all that. That’s how the law works, too. One day a matter is settled; the next day it starts all over again. When it comes to California’s high-speed rail, one settlement agreement may not settle anything. Environmental Quality Shafter, a small Central Valley city, settled its suit against the state’s rail authority....

July 5, 2022 · 2 min · 321 words · Paul Lofton

Cushman V Shinseki No 08 7129

In a dispute involving a veteran’s service-connected disability claim, Court of Appeals for Veterans Claims judgment is reversed where: 1) a veteran alleging a service-connected disability has a due process right to have his claim for veteran’s disability benefits decided according to fundamentally fair procedures; and 2) plaintiff’s due process right to a fair hearing was violated by the consideration of tainted medical evidence. Read Cushman v. Shinseki, No. 08-7129...

July 5, 2022 · 1 min · 164 words · Jorge Dimock

Dowell V Pacesetter Inc No B201439

In plaintiffs’ suit against the defendant to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, trial court’s ruling that the clauses were facially void under Business and Professions Code section 16600 and that their use violated California’s Unfair Competition Law and that defendant’s unclean hands defense and its cross-complaint for unfair competition failed as a matter of law is affirmed where: 1) the trial court properly determined that the clauses were void as a matter of law, that no defense applied and that the cross-complaint failed to state a cause of action; and 2) trial court did not abuse its discretion in denying a permanent injunction and costs Read Dowell v....

July 5, 2022 · 1 min · 207 words · John Davis

Drunk Man Tries To Operate On His Dog Chicago Cops

A drunk man’s “dog operation” has led to an arrest and a charge of felony animal cruelty. Stewart Gibbs, 44, was arrested last weekend by Chicago police. Gibbs is the director of cardiovascular services at DuPage Medical Group. Police initially responded after a call from Gibbs’ landlord. The landlord had received some complaints about a leaking ceiling. The landlord let himself in after a knock had no response, and reportedly Gibbs ran towards him, naked, and covered in blood, reports the Daily Mail....

July 5, 2022 · 2 min · 409 words · Mattie Fisher

Facebook Stalking The Next Big Thing In Law Firm Training

If you’ve graduated from law school in the last five years, chances are you spent many a class on Facebook. And you can deny it all you want, but we all know that class time was not spent catching up with far-flung friends. Nope. It was spent perfecting the art of Facebook stalking. As law students, job applicants and now (hopefully) associates, we all took on the role of Facebook stalker....

July 5, 2022 · 2 min · 388 words · Lauri Ford

First Week At The Firm Saying No To Inappropriate Work Requests

Welcome to “First Week at the Firm,” a FindLaw feature for beginning associates, focused on helping you navigate the transition into firm life. We hope you’ll enjoy this new series and come back regularly for more insider tips. Welcome to the firm! Mind doing my laundry, grabbing my kids from school, and bringing me a coffee? Yes, it is pretty unlikely you’ll be greeted with these questions (if you are, congratulations on being one of the world’s highest paid gophers)....

July 5, 2022 · 3 min · 630 words · Charles Cameron

Gvro What The Gun Violence Restraining Order Law Means

Every fearful conversation that I have heard from gun owners and conspiracy theorists has finally come true in California: The government can come seize your guns, though only if a family member claims that you are a danger to yourself or others. Still, that’s not going to assuage the fears of many gun owners out there. Assembly Bill 1014, drafted after the Santa Barbara shooting and signed by Gov. Jerry Brown, creates the Gun Violence Restraining Order (GVRO), a set of procedures that piggybacks the current Domestic Violence Restraining Order (DVRO) system....

July 5, 2022 · 4 min · 713 words · Michele Jimenes

How Not To Make Friends In Law School The Gunner

The people you meet in law school likely won’t disappear from your life after just three years of law school. Many of them could become your colleagues, lifelong friends, or opposing counsel. A few you may just see at the local bar, or local bar events. The opinions your law school peers make of you in law school will follow you for some time. And some of your law school classmates might kind of hate you....

July 5, 2022 · 3 min · 507 words · James Flom

Internal Affairs Report Irrelevant To Excessive Force Shooting

Killing a man doesn’t necessarily violate his constitutional rights, and the D.C. Metropolitan Police Department (MPD) does not have to surrender evidence to prove otherwise. The D.C. Circuit Court of Appeals ruled this week that a district court did not abuse its discretion by refusing to admit into evidence an internal MPD document finding that an MPD officer violated protocol by fatally wounding a man. That description was a bit of a mouthful, so let’s back up to the highlights, complete with names....

July 5, 2022 · 3 min · 543 words · Lizzie Hartford

Judge Plager Points Out Dueling Standards In Mea Culpa Concurrence

Yesterday, the Federal Circuit released a titillating published opinion that addressed the merits of adjustable height workstations with, wait for it … vertical beams. Wow. Morris Standard (1997) The Morris standard reaffirmed the prior “broadest reasonable interpretation” deferential standard towards the PTO’s interpretation of disputed claim language. “The question then is whether the PTO’s interpretation of the disputed claim language is ‘reasonable.’” Because the APA was later required to apply to review standards, Morris’ “reasonable,” combined with the APA, should mean “not arbitrary and capricious,” as under the APA, agency interpretations are given deference unless they fail the arbitrary and capricious standard....

July 5, 2022 · 2 min · 406 words · Michael Willis

Laura Lundquist 98 Charged With Murder Of 100 Year Old Roommate

Laura Lundquist is believed to be the oldest murder defendant in Massachusetts state history. The 98-year-old woman was indicted recently on a second-degree murder charge that alleges she strangled a 100-year-old woman who was her roommate at a nursing home the Associated Press reports. Prosecutors pursued second-degree murder charges because they didn’t believe that Lundquist had the cognitive ability to commit premeditated murder. The body of the 100 year-old woman, Elizabeth Barrow, was found in her bed on Sept....

July 5, 2022 · 2 min · 316 words · Marie Carden

Law School Admission Officers Are Checking Facebook Walls

It seems that law school admissions officers should be given a new title: Facebook stalker. Yes, the obvious has occurred. The workers in charge of admitting and denying potential applicants are now scouring social media platforms like Facebook in order to glean personal information from would-be attorneys. Maybe they just figure that looking at your Facebook page will provide a more truthful answer to some of the questions they’d like answered....

July 5, 2022 · 2 min · 363 words · Kristie Jacoby

Legal Liability For Snowboarders

When video of snowboarder Christian Mares surviving a self-created avalanche came out last week, we thought, “Cool.” When it turned out he could face criminal charges for snowboarding in a restricted area of Tahoe’s Sugar Bowl Resort, we thought, “Less cool.” It also got us thinking about all the different legal liabilities snowboarders could face out on the mountain. Here are just a few of them: That’s what the Placer County Sheriff’s Department may charge Mares with....

July 5, 2022 · 3 min · 460 words · Charles Mendoza

Man Arrested With Over 1 000 Fake Drugs At Bonnaroo Music Festival

While it may not necessarily be worse than selling real drugs, a man was arrested in Tennessee for selling fake drugs at the annual music festival Bonnaroo. Though that in and of itself is not very shocking, like that U2 album that keeps popping up on your iPhone, the man’s purpose and the size of his fake stash were rather peculiar. David E. Brady, a 45 year old from New York, was arrested holding over 1,000 doses of LSD, 22 bags of fake psychedelic mushrooms, 20 bags of fake cocaine, and 37 fake pills of molly, as well as some fake heroin....

July 5, 2022 · 2 min · 383 words · Beverly Kemper

Man Broke Into School With Pipe And Scooby Snax Police

Despite the conspicuous absence of any meddling kids, a Pennsylvania man failed to get away with allegedly breaking into a school to smoke synthetic marijuana “Scooby Snax.” Police in Lower Southampton, outside of Philadelphia, noticed a bike resting against the front door of the Tawanka Learning Center early Monday morning, reports the Bucks County Courier Times. When police investigated, they spotted 35-year-old John Paul Sabara lying on the floor inside the school....

July 5, 2022 · 2 min · 379 words · Ann Green

Marshawn Lynch To Trademark I M Just Here So I Won T Get Fined

Marshawn Lynch gave the same answer, “I’m just here so I won’t get fined,” in response to every question during his initial Super Bowl press conference. (He followed that up with a chorus of “You know why I’m here” the next day.) Now the Seattle Seahawks running back is trying to make sure no one else uses the phrase without his permission. Lynch filed an application last week to trademark the phrase, in an effort to secure exclusive rights to use it on shirts, hats, and other athletic apparel....

July 5, 2022 · 3 min · 492 words · Robin Lheureux

Mr T Reports For Jury Duty Gets Passed Over By Judge

Try to Spell ‘Justice’ Without a ‘T’, Fool! When it comes to celebrities and the brushes with government that all citizens face, there are some things that are hard to picture, like Prince standing in line at the DMV. But the city of Chicago was robbed of a civic duty match made in heaven on Monday, when Mr. T reported for jury duty, only to be passed over by the judge....

July 5, 2022 · 2 min · 246 words · Sandra Keating

New York Man Sues Boss Her Voice Made Me Vomit

Here’s a lawsuit that probably isn’t going to make it very far. Anthony Dingle, the New York Housing Authority Superintendent, sued his boss claiming that her voice made him vomit. Anthony Dingle, said that his boss, Demetrice Gadson, constantly dressed him down, and “every time I heard her voice, it triggered a sickening feeling in me,” reports the New York Post. Dingle claimed that he had to go to a doctor in order to “get his intestinal system properly functioning....

July 5, 2022 · 2 min · 293 words · Kimberley Gauvin

Ordinance Prohibiting Medical Marijuana Dispensaries Plus Criminal Insurance Matters

Qualified Patients Ass’n v. City of Anaheim, G040077, concerned a challenge to the trial court’s order sustaining the city’s demurrer to plaintiffs’ complaint without leave to amend, in plaintiffs’ action against the City of Anaheim, seeking a declaratory judgment that state’s medical marijuana laws preempted the city’s ordinance prohibiting medical marijuana dispensaries within the city. People v. Schmitz, G040641, concerned a challenge to a conviction of defendant of four misdemeanors pursuant to a guilty plea, following the trial court’s denial of defendant’s motion to suppress evidence of methamphetamine and drug paraphernalia found on the floor in the rear passenger area of his car, based on a search premised on the parolee status of a passenger in defendant’s car....

July 5, 2022 · 3 min · 442 words · Josh Vives

Pay Stub Left Behind Leads To Arrest Of Suspected Burglar

Burglary 101: Don’t leave your unemployment check stub behind. A burglar was caught in the act by a resident who dropped his personal planner with the unemployment pay stub bearing his name and home address, the Union Leader reports. The homeowners tried to detain the suspect, but the suspect fled through a back window. The male resident told police the burglar was spotted in his daughter’s bedroom. Police said a daily planner belonging to Michael Noyer was found outside the window on the front porch....

July 5, 2022 · 2 min · 299 words · Melba Mannings