Apple Files Challenge To Fbi S Court Order To Create Back Door

The clock is ticking for Apple, which has resolutely made it clear again and again that it has no plans to comply with a recent California Magistrate’s court order to assist the FBI into breaking into San Bernadino Syed Farook’s iPhone. Apple had until tomorrow to either comply with the order or formally submit a challenge in court. Today, Apple submitted its formal opposition to the federal court order. FBI director James Comey has been near the epicenter of what can be called a privacy-debate hurricane....

February 17, 2022 · 3 min · 616 words · Linda Salgado

City Of Harper Woods Employees Ret Sys V Olver No 08 7101

In a shareholder derivative action alleging breaches of fiduciary duties and waste of corporate assets by current and former directors of a corporation, dismissal of the action is affirmed where: 1) pursuant to the District of Columbia’s internal affairs doctrine, English law applied; and 2) plaintiff failed to show that its complaint fell outside the rule of Foss v. Harbottle, (1843) 2 Hare 461, 67 E.R. 189, which established that the company, not a shareholder, was the proper plaintiff in a suit seeking redress for wrongs allegedly committed against the company....

February 17, 2022 · 1 min · 201 words · Donald Wilbanks

Dead Man S Family Sues Stadium District After Fatal Fall At Mile High

On October 24, 2016, Jason Coy fell about 60 feet from a stairwell on the north side of Mile High Stadium after a Broncos game. The 36-year-old suffered several blunt force injuries to his head, skull, neck, and torso, and was pronounced dead early morning the next day. Last week, Coy’s widow and his five children filed a premises liability lawsuit against the Metropolitan Football Stadium District and the stadium’s management company, claiming Mile High “contained a defective, unsafe, non-obvious and dangerous condition in a fire escape corridor and staircase on which [Coy] fell to his death....

February 17, 2022 · 2 min · 422 words · Mary Crandall

Decisions In A City S Validation Action And Family Law Matters

City of Cerritos v. Cerritos Taxpayers Ass’n, No. B214530, involved a validation action brought by a city and public agencies under section 860 of the Code of Civ. Proc. to determine the validity of a financing agreement involving senior and low to moderate income public housing development. In rejecting the challenges brought by city taxpayers and other community groups, the court affirmed the trial court’s judgment in favor of the city and public agencies in holding that the purchase and renovation of the property was a proper use of the low-moderate income housing fund, and that Article XXXIV of the California Constitution does not require submission of the project to a vote of the electorate....

February 17, 2022 · 2 min · 341 words · Carlene Call

Did Litigation Do What Yoko Couldn T

What brought down the biggest and greatest rock band of all time? It wasn’t Yoko Ono, despite what you might have heard. It may have been litigation however, as the Beatles were dogged by a series of lawsuits and legal missteps virtually from the band’s founding. That’s Stan Soocher’s take on it, at least. Soocher, an entertainment attorney, recently published “Baby You’re a Rich Man: Suing the Beatles for Fun and Profit,” which was excerpted in the May issue of the ABA Journal....

February 17, 2022 · 3 min · 585 words · Son Smith

Ex Nba Star Bill Russell Sorry For Gun At Airport

Hall of Fame center Bill Russell is in the spotlight – but, this time, not for his basketball skills. Last Wednesday, the former Celtics star was arrested for having a gun at the airport, CBS reports. A loaded .38-caliber Smith & Wesson handgun was found in Russell’s carry-on while he was going through security at the Seattle-Tacoma International Airport last week. The gun was promptly confiscated. Over the weekend, Russell has issued a statement regarding the incident....

February 17, 2022 · 2 min · 422 words · Victor White

Fee Shifting Is Coming To Patents One Way Or Another

It’s an issue that frustrates all three constitutionally recognized branches of government. The president has called for patent troll reform. Congress is considering it. And so is the all-important judiciary, as the Federal Circuit continues to consider fee-shifting cases while waiting for the Supreme Court to step in, possibly saving themselves from their own arguably ill-advised precedent set in 2005. Today’s case? A memory maker sued a fellow Silicon Valley company, despite knowing that there was no literal infringement and that a “doctrine of equivalents” theory was tenuous, at best....

February 17, 2022 · 4 min · 653 words · Paula Renner

German Shepherd Receives Unemployment Benefits

A Michigan German Shepherd is in the news after being approved for $360 a week in unemployment benefits. It’s a story that inserts a cute, cuddly pet into the real-world problem of an apparent state benefits fraud scheme. Michael Haddock, an attorney from Saugatuck, Michigan, was surprised to receive a letter from the Michigan Unemployment Insurance Agency informing “Michael Ryder” of his unemployment benefits award. According to the letter, Ryder, Haddock’s German Shepherd, had filed for unemployment after working at a Detroit-area seafood restaurant – across the state....

February 17, 2022 · 2 min · 350 words · Eric Smothers

How Does Pg E Bankruptcy Affect Consumers

Pacific Gas and Electric (PG&E) announced its intent to file for Chapter 11 bankruptcy next week, primarily due to the costs and liabilities stemming from the 2018 Camp Fire and 2017 Napa and Sonoma Country fires. What should consumers expect from this filing? Will PG&E still be held accountable for the fires it started? Or will consumers ultimately pay the price? PG&E Has Announced Consumers Can Expect Costs and Benefits According to PG&E, there are a few costs and benefits consumers can expect....

February 17, 2022 · 3 min · 506 words · Aaron Phillips

How To Become A Judge The Easier Way

With apologies to all those who have tried really hard to become judges, there are easier ways to do it. The reality is, the best law school grades, an illustrious trial practice, and a stellar reputation in the legal community alone won’t qualify you to be a judge. How else can you explain that the U.S. Constitution requires none of the above to become a Supreme Court justice? It comes down to this familiar adage: It’s not what you know; it’s who you know....

February 17, 2022 · 3 min · 487 words · Kevin Valerio

In Re Calvin P No D054830

Juvenile court’s decision requiring the San Diego County Health and Human Services Agency to provide family maintenance services for plaintiff and her children is affirmed in part and reversed in part where: 1) the order requiring family maintenance services for father and the children is affirmed; but 2) the order for family maintenance services for mother is reversed and instead ordered that she be provided reasonable reunification services. Read In re Calvin P....

February 17, 2022 · 1 min · 161 words · Lisa Freitas

Is It Time For An Inspector General Of The Federal Courts

Quis custodiet ipsos custodies, the Latin goes. Who watches the watchmen? Today, in certain circles, you might also hear people wondering, “Who judges the judiciary?” Given the fact that the Supreme Court has had a slightly less conservative term and that certain circuits – we won’t name any names – often rule against conservative interests, many on the right wing are starting to discuss instituting an Inspector General of the Federal Courts to act as a check on supposed judicial activism, corruption or overreach....

February 17, 2022 · 3 min · 488 words · Anneliese Harris

It S The Pitts For The Military Interest Charges Get A Second Look

When dealing with the appeals process, you never know when new case law may throw a wrench, or a life preserver, into your case. Russell had opened a credit account with the Army and Air Force Exchange Service (the “Exchange”) for the purchase of personal goods, but became delinquent on the balance in 2000. Accruing interest over the next nine years, Russell finally realized the government was charging him a higher interest rate than agreed upon in 2009 and sued....

February 17, 2022 · 3 min · 482 words · Virgina Tully

Judge Dismisses 3 Charges Against Jerry Sandusky Jury Now Deliberating

After seven days of testimony, 50 witnesses, and accounts of serial abuse from eight young accusers, the jury in Jerry Sandusky’s child sex abuse case began deliberations Thursday, The Philadelphia Inquirer reports. Two of the three charges dropped related to Victim 4. One count of involuntary deviate sexual intercourse and one count of aggravated indecent assault involving the accuser were dropped as not being supported by the evidence, reports The Associated Press....

February 17, 2022 · 2 min · 330 words · Rory Genung

Legal Day Job Got You Down Put On A Pro Bono Happy Face

Being a lawyer sucks, law school was a terrible mistake, and you’re drowning in debt. It’s a popular refrain. I’ve been leading the chorus for years. Maybe it’s time for an attitude adjustment. Before you dismiss me as a cockeyed optimist who references musicals while doling out advice, hear me out. A Pro Bono Plan Pays Off Yesterday, Above the Law published an interview with Dana Tapper, a University of Virginia 3L who’s pursuing a career in public interest law....

February 17, 2022 · 3 min · 519 words · Mary Bell

Man Outsourced Own Job To China Then Watched Cat Videos At Work

When people talk about outsourcing jobs to China, it’s mostly to complain about the practice. But for one software developer, let’s call him “Bob,” it was a cause to celebrate. Bob worked for a U.S.-based critical infrastructure company. When his company began allowing employees to telecommute using a Virtual Private Network (VPN) connection, he came up with a scheme. Instead of doing his work himself, Bob hired someone in China to do his work at one-fifth of his salary....

February 17, 2022 · 3 min · 506 words · Barbara Anderson

Minecraft Wants To Settle Gaming Lawsuit With Quake 3 Duel

Gamers, if you haven’t heard of the Minecraft Quake duel, listen up. In the face of threatened legal action by Bethesda Softworks, Notch, developer of indie building game Minecraft, has challenged the company to an epic Quake 3 battle–a delightfully appropriate way of settling Bethesda’s trademark infringement complaints. And proof that some disputes are better resolved through virtual feats of strength. As a bit of pre-duel background, last year, Minecraft’s developer applied to trademark the word “scrolls”, which is the intended name of an upcoming game....

February 17, 2022 · 2 min · 354 words · Steven Carruth

Nursing Homes Could Face Copyright Infringement For Movie Nights

The motion picture industry seems interested in supporting every cause on the planet, except senior citizens. In 2016, the Motion Picture Licensing Corporation (MPLC) opted to remove an exemption they had traditionally granted, and began enforcing their public performance copyright laws. This requires nursing homes to obtain a public performance license prior to showing films in common areas, or face a hefty $150,000 fine. When someone rents a movie, whether through RedBox or Netflix, they are granted a personal, private use to view the film, not use for a public viewing....

February 17, 2022 · 2 min · 339 words · Judith Alexandre

People V Strider No B204571

Trial court’s conviction of defendant for drug possession with a firearm is reversed as the court erred by denying defendant’s pretrial suppression motion because the fenced yard was not a public place within the meaning of Penal Code section 12031. Read People v. Strider, No. B204571 Appellate Information Filed September 29, 2009 Judges Opinion by Judge Aldrich Counsel For Appellant: Willoughby & Associates, W. Anthony Willoughby and Ronnivashti Whitehead For Appelle: Edmund G....

February 17, 2022 · 1 min · 141 words · Lisa Stephens

Public Citizen Inc V Offc Of Mgmt Budget No 08 5004

In an appeal from the District Court’s order permitting the Office of Management & Budget (OMB) to redact certain documents in response to a Freedom of Information Act request, the order is reversed, where 1) the documents did not relate predominantly to OMB’s internal practices; and 2) they were not predecisional and deliberative. Read Public Citizen, Inc. v. Offc. of Mgmt. & Budget, No. 08-5004. Appellate Information Appeal from the United States District Court for the District of Columbia (No....

February 17, 2022 · 1 min · 191 words · Sara Lee