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Montgomery v. Superior Court, G042602, concerned a medical malpractice action against a physician, claiming negligence in performing liposuction and causing injury. In granting the plaintiffs’ petition for relief from the order of the trial court removing their only expert witness on the medical standard of care and causation, the court held that the removal was unnecessary because the expert waived any conflict of interest arising out of the previous representation by the doctor’s counsel....

Is there a more maligned state project right now than California’s High Speed Rail project? It started as a great idea: a relatively cheap train would go straight from San Francisco to Los Angeles in 160 minutes. State funding would be limited to $9.95 billion in bonds, with the rest coming from federal and private funding. All funding and environmental reports would be done before construction. That’s what voters signed up for....

The Super Bowl-bound Seattle Seahawks are reportedly trying to use their infamous “12th Man” home-crowd advantage to lead the team to victory at the cash register as well on the field by trademarking several uses of the number “12.” The number “12” – in reference to the Seattle fans’ role as the “12th Man” on the team, after the 11 players on the field – is just one of the terms the team has trademarked or is trying to, reports The Seattle Times....

The Supreme Court is back in action (or, as I like to say, back in full effect), and cases originating in the Federal Circuit are moving up the ranks with cert petitions being granted. But they all can’t be winners, and some petitions are getting denied as well. Here’s a quick look at some of the hot cases. Organic Seed Growers and Trade Association, et al., v. Monsanto Company, et al....

Washington woman Jennifer Thomas is facing one of the most harrowing experiences a pet owner can go through: her dog is being held as ransom. Thomas said she saw two strangers, a man and a woman, in her driveway. She then noticed that her beloved English bulldog, Jaggar, was missing. This was more than 10 days ago. After Jaggar went missing, Thomas started receiving text messages asking for a $1,000 ransom in exchange for the bulldog....

A lawyer who, over a series of years, embezzled money from his client’s estate to the tune of just under $2 million, was sentenced to 45 months of federal prison. The town of Oxford has won a small victory. What at first began as a means to prop up his own financial survival became, according to federal prosecutors, a “scheme” conducted over a long period of time by a man who knew better....

Some women want an oversized JLo, while others simply want the perkier Pippa. But what the alleged victims of Kimberly Smedley all have in common is that they allowed her to prey on their backside desperation. Smedley has been arrested for giving unauthorized silicone butt injections to dozens of women. She met with the women–mostly strippers–in D.C.-area hotels after making arrangements via text message. Some people will do anything for the perfect derrière....

After leading a national survey of Asian-Americans in the legal profession, California Supreme Court Justice Goodwin Liu saw that he serves in a uniquely rare position. Liu is one of three Asian-Americans serving on the high court. With a seven-member panel, the court is 42 percent Asian-American. And there is no place like it in the country, where Asian Americans comprise more than five percent of the general population but less than two percent of the judicial population....

Ok, we get it. You were one of those kids in class that always had their hand raised and asked for extra credit. Now that you’re at BigLaw, you want to do the equivalent and be the best associate you can be. Maybe you’ve gotten the swing of things, and billing 80 hours/week comes naturally to you – now you want more work. Or, more realistically, maybe you don’t want more work, but you want more control over the types of assignments you receive....

Unbeknownst to many (okay, almost everyone), there’s a secret club of high-powered in-house attorneys that meets annually to share tips and coordinate strategy. The group, which includes the top lawyers from some of the world’s biggest banks, doesn’t have a name, or even an official membership list, Bloomberg reports. But at this year’s meeting, they had one common foe: consumer class actions. This year, in-house attorneys from Barclays, Citigroup, Goldman Sachs, and more, gathered at Versailles (yes, the “let them eat cake” Versailles) to share how best to defend against class action suits accusing them of market manipulation....

Lawyers get a bad rap for being scheming crooks, but that’s mostly for over-zealous advocacy, which is perfectly legal. On the other hand, there are a few surefire ways to ruin a good reputation and welcome-in early retirement. For example, these three actions will basically guarantee disbarment: Here’s an easy way to get in trouble with the bar: playing funny games with client funds. Funds are kept in escrow until earned and accounted for....

A Pittsburgh man who gave a cop the middle finger may get $50,000 to settle a free speech lawsuit. A federal judge said David Hackbart, 35, shouldn’t have been cited for disorderly conduct. The American Civil Liberties Union sued on Hackbart’s behalf, saying the middle finger was constitutionally protected speech, according to the thePittsburghchannel.com. The officer cited Hackbart for disorderly conduct. The county eventually dropped the charge, but Hackbart sued to recover the cost of defending himself....

Final decision of the Merit Systems Protection Board (MSPB) dismissing claimant’s petition for enforcement of a prior MSPB order requiring that the Department of Health and Human Services (HHS) reconstruct a selection process for a position in the competitive service, arising from its erroneous selection of a non-veteran over the claimant, is reversed and remanded as the MSPB abused its discretion in dismissing claimant’s petition because when an agency violates a veteran’s preference rights during selection in the competitive service and when it is undisputed that the agency would have selected the veteran for the position sought but for the violation, section 3330c requires the agency to offer the same, or as near as possible, a substantially equivalent position to the veteran....

Gold, frankincense, and myrrh are nothing compared to some dank Purple Kush or sticky Strawberry Cough. So while the Biblical Magi may have been kind to baby Jesus, the volunteers for Cannabis Can were the real heroes when they gave free joints to Denver’s homeless for Christmas. We’re not sure whether those joints contained some sweet, sweet Sour Diesel or fuzzy Super Silver Haze, but we’re pretty sure the presents were appreciated....

Siskiyou County v. State Pers. Bd., C063811, involved a county’s petition for writ of administrative mandamus, challenging the State Personnel Board’s ruling that the county’s termination of an employee for certain acts of dishonesty was excessive, and that the appropriate consequence was a two-month suspension. In reversing the superior court’s holding that the Board abused its discretion by reducing the penalty, the court held that it was well within the Board’s discretion to conclude that a two-month suspension was more appropriate than the termination of the employment, and was sufficient to alert her to the seriousness of her conduct, such that it would not recur....

In sad news this morning, the L.A. Times reports that 22-year-old Los Angeles Angels pitcher Nick Adenhart has been killed in a car crash which appears to have been a hit and run. The crash occurred just after midnight, and only a few hours after Adenhart had pitched six stellar scoreless innings for the Angels. The L.A. Times gave the following account of the accident: In California, Vehicle Code section 20001 makes it a crime for anyone to leave the scene of an accident they were involved in without identifying themselves and providing assistance in accordance with the law....

In Dorbest Ltd. v. US, No. 09-1257, the Federal Circuit faced a challenge to the Court of International Trade’s (CIT) affirmance of the Department of Commerce’s calculation of the labor rate in an antidumping duty case relating to wooden bedroom furniture imported from China. First, the court invalidated 19 C.F.R. section 351.408(c)(3) and vacated the portion of the CIT’s judgment affirming the Commerce’s use of the regulation and remanded with instructions to require Commerce to recalculate the normal value using a method wholly in compliance with 19 U....

Grant of a writ of mandate commanding county superintendent to process payroll requests pursuant to a transition plan adopted by the outgoing board of a high school district, a plan that awarded severance buyout packages to several district administrative employees, including plaintiffs, is reversed as the superintendents’ refusal to approve payroll warrants to carry out the transition plan was a proper exercise of his authority under Education Code section 42127.6(j) and he did not abuse his discretion in exercising that authority....

Condoms make porn less watchable, but the City of Los Angeles doesn’t care. California is home to a large chunk of the country’s adult entertainment industry, with the majority of production happening in the San Fernando Valley. Since 2004, state law has required condom usage on set. This law, according to LA Weekly, has gone mostly unenforced. Instead of using condoms, the industry has been policing itself. It set up the Adult Industry Medical Healthcare Foundation, which runs a clinic funded by production companies....

This is still one of the most ridiculous scandals of all time: A Pennsylvania Supreme Court justice years ago sent pornographic emails, using a personal account, to his friends, some of whom worked in the Office of the Attorney General, making the communications arguably ex-parte. And we thought that was it: a handful of dirty emails. Justice Seamus McCaffery, however, is now suspended. The war of words has escalated between him and Chief Justice Ronald Castille, and has spilled over to personal insults in published opinions....