In a negligence action, trial court judgment is affirmed in part and reversed in part where the evidence did not establish that defendant did not have a duty to plaintiff a as a matter of law, and triable issues of fact remained as to defendant’s duty as a public utility and its exercise of control in determining the placement of the light poles. Read Laabs v. Southern California Edison Co., No....
In a split decision, a state appeals court ruled that a California man may be prosecuted for felony tax evasion because he did not file timely tax returns for three consecutive years. The Fourth District Court of Appeal said evidence of failing to file was sufficient for felony charges, reasoning that the failure to act was tantamount to the intent to evade taxes. The panel rejected arguments to interpret state tax law under federal tax laws, which require proof of affirmative acts of tax evasion, and pointed out the difference....
Gregory Haas might forever be known as the man who used a cow bone during a fight. The 45-year-old man injured four men using the large thighbone. The attack occurred outside a Kailua-Kona bar in Hawaii on Christmas Eve. When police arrived, Haas indicated that he found the cow femur somewhere in a pasture in Kona. Police said that Haas appeared intoxicated. The attack was reportedly unprovoked. Four men were injured....
Trial court’s order issuing a preliminary injunction barring defendant from conducting a new foreclosure sale, due to the auctioneer’s mistake which was discovered after closing of the bid but prior to the issuance of a trustee’s deed, is reversed as the auctioneer’s error constituted an irregularity sufficient to void the sale. Read Millennium Rock Mortgage, Inc. v. T.D. Serv. Co., No. C059875 [HTML] Read Millennium Rock Mortgage, Inc. v. T.D. Serv....
A mugger in Connecticut took off with a woman’s clutch wallet – but left behind his birth certificate and a letter from his mother at the scene of the crime. While struggling to grab the wallet, the man allegedly dropped and left behind two bags he’d been carrying. Inside the bags were clothes, shoes, toiletries – oh, and a birth certificate for Zachary Tentoni, 26, and a letter addressed to him from his mother, reports The Boston Globe....
Darrel Horne was not made to be a criminal. An overgrown frat boy? Sure. But a criminal? He can’t hold his liquor well enough for that. Horne’s drunken escapade in Volusia County, Fla. ended Friday after he was tased in the back of a police car. This was after he encouraged the Sheriff’s deputy to “Taser me. Taser me, bro.” Mind you, he also stole a paddle-less row boat and dove naked into the lake....
A Nebraska man took the freedom of the road to a new level last week when he was cited while enjoying a naked joyride. Nickolus Borgman was driving down a road somewhere near Lincoln, Nebraska when a sheriff’s deputy spotted his pick-up truck. As the deputy approached the vehicle, he realized what was going on. The passengers–one man and two women in addition to Borgman, according to the Associated Press–were on a naked joyride....
One case to rule them all? That’s a big question after a judge overturned a $417 million jury verdict against Johnson & Johnson. The Los Angeles judge said the plaintiff did not prove the company’s talcum powder product caused her ovarian cancer. Eva Echeverria, who died after the verdict, is one of thousands of plaintiffs suing Johnson & Johnson in talc powder cases across the country. She had the largest jury award of them all, but the reversal casts a long shadow on the plaintiffs’ bar....
For associates and partners who need a break from BigLaw life, you’re in luck: producers are looking for an “everyday lawyer” to host a reality TV show. GRB Entertainment, a Los Angeles production company, is producing a U.S. version of the BBC TV show, “The Legalizer,” according to the ABA Journal. The U.K. show teaches consumers how the Small Claims Court process works and how they can fight for their rights....
The U.S. Patent and Trademark Office is hosting two events on Thursday, September 6, to discuss the America Invents Act (AIA) changes to the U.S. patent process. First up is a preview of the Patent Review Processing System (PRPS) — USPTO’s new electronic filing system — at 10 a.m. EST, followed by a First-Inventor-to-File Roundtable at 1:30 p.m. EST. Both events will be available via webinar. At the PRPS preview, representatives from the Patent Trial and Appeal Board will demonstrate the system, including how to:...
Today’s Supreme Court ruling wasn’t part of the Redskins’ trademark battle over the franchise’s controversial Native American logo and name, but the team’s management and lawyers are still celebrating. That’s because the big trademark ruling in the case of the Asian American music group, The Slants, paves the way for the Washington Redskins to restore the trademark rights that were cancelled by a federal court in 2015. The music group’s case centered on the same problem the Redskins are currently appealing, the Lanham Act’s disparagement clause....
A white Ohio woman is suing a sperm bank claiming that the facility accidentally inseminated her with sperm from a black donor. Jennifer Cramblett, 36, of Uniontown, claims that she and her same-sex partner, who is also white, told the Chicago-based Midwest Sperm Bank that they wanted a donor with similar genetic traits to both of them. The couple picked a white donor after reviewing his history, Reuters reports. However, according to Cramblett’s lawsuit, after she became pregnant with the couple’s now-2-year-old daughter, she discovered that the clinic had mistakenly given her the wrong donor’s sperm....
Planet Fitness posts quite a few signs and slogans on its walls, designed to encourage gym-goers and set the tone for workouts. Messages like “You Belong,” “No Gymtimidation,” and “No Critics” adorn the interior of many Planet Fitness locations, but not all of the gym’s members adhere to those mantras. When confronted with a naked man doing yoga, some members of a Plaistow New Hampshire Planet Fitness called the cops. And when 34-year-old Eric Stagno was arrested for said naked yoga, he told those cops he thought the gym was a “judgment free zone....
Ever heard of North Colorado? Well, someday you just might. A recent secession vote thwarted a group’s efforts to secede from Colorado and form “North Colorado,” the country’s would-be 51st state. Sure, we love to threaten secession when politics (or elections) don’t go our way. But is it actually possible to secede? Welcome to North Colorado Five rural counties on Colorado’s Eastern Plains voted in favor of secession, reports The Huffington Post....
Whether you’re a new solo attorney or a fledgling associate, writing a flawless demand letter can not only impress your clients, but also distinguish you as a force to be reckoned with. Since demand letters are a fine mix of legal arguments and rhetoric, here are five tips for drafting an exceptional one: Not only is this the one of the first big chances for you to impress your client with your legal know-how and ability to create legal documents, but a demand letter can be the first time opposing counsel or an insurance adjuster will get to know you and your client....
In case you missed it the first time, the federal courts are putting their cases on hold until after the incoming President of the United States takes office. A federal appeals court in Washington granted a motion to continue a challenge to Obamacare last week, following a federal district court decision to delay action on an immigration case last month. The courts decided the issues were big enough to allow the new administration time to weigh in after the inauguration....
Don’t mess with the iPad. Apple takes their tablets and smartphones seriously. And they don’t want competition. Apple has tried unsuccessfully to block competitor Samsung from selling their smartphones and tablets, accusing them of patent infringement. Now, the Federal Circuit Court of Appeals is hearing arguments in the iPad patent infringement case. According to the District Court complaint, Apple accused Samsung of “creating products that blatantly imitate the appearance of Apple’s products to capitalize on Apple’s success....
Who’s afraid of the big bad bus? Come on, we all know you’re out there. And we’re no longer making fun of you. Criminals do ride the bus. Actually, bank robbers use the bus. Well, at least one bank robber does. Meet Lonnie Johnson, the man behind the headlines proclaiming that a “Bank Robber Uses Bus for Getaway.” Out on parole for a prior robbery conviction, Lonnie Johnson could no longer ignore the allure of KeyBank in downtown Dayton, Ohio....
People v. Camino, G041887, concerned a challenge to a conviction of defendant for second degree murder of a fellow gang member, and jury’s finding that defendant vicariously discharged a firearm within the meaning of section 12022.53(c) and (e)(1). In affirming in part, the court held that the trial court did not err by admitting into evidence defendant’s statements made in his second police interview. The court also held that substantial evidence supports the trial court’s factual finding the police did not use a deliberate two-step strategy to violate Miranda....
Tyrone Hines was convicted of one count of bank robbery and two counts of attempted bank robbery. He challenged his conviction on the grounds that the district court erred in extending the 30-day deadline for indictment following arrest under the Speedy Trial Act (STA). Tuesday, the D.C. Circuit Court of Appeals affirmed Hines’ conviction. On April 7 and May 4, a magistrate judge granted joint motions filed by Hines’ then-counsel and the government seeking two separate, successive 30-day “interests-of-justice” continuances to be excluded from the STA calendar....
