Students' father brought suit on their behalf after the students were expelled for refusing to participate in a flag-salute ceremony at school. The father maintained that the students' religious beliefs as Jehovah's witnesses did not permit them to...
Plaintiff was helping his grandmother and his father, the defendant, clean out her home. They collected trash, and set the trash on fire in the backyard. One of the bags contained an aerosol can, which exploded when set on fire and severely injured the plaintiff...
This post was originally published in October 2018 and verified in September 2023. So, you’re a skilled lawyer working for a small (or solo) law firm - though it may be tempting to assume your reputation or skill alone is enough to attract a strong client...
Feds Propose Higher Capital Requirements for Big Banks Federal regulators formally proposed significant changes to the rules governing how much capital larger banks must hold to cushion them from financial losses. The changes, which could increase the high-quality...
Bertini v. Apple Inc. United States Court of Appeals for the Federal Circuit April 4, 2023, Decided 2021-2301 Opinion [*1376] Moore , Chief Judge . Charles Bertini appeals from a final decision of the Trademark Trial and Appeal Board dismissing his opposition...
The homicide victim Brian Robinson lived with his parents and his cousin, Charles Lambert. The homicide victim confronted defendant Daryl Randle, who was stealing a stereo speaker from his cousin's car. Defendant pulled a .25-caliber pistol from his pocket...
In June 1994, appellant James Blake Colburn was convicted of capital murder in violation of Tex. Penal Code Ann. § 19.03(a) . He was sentenced to suffer death as required by Article 37.071 § 2(g) . Hence, direct appeal was automatic. The court previously...
In November 1956, plaintiff G. L. Christian and Associates submitted a bid on the construction of the Fort Polk housing project under the Capehart Act. The bid was accepted by the District Engineer. Plaintiff then approached H. B. Zachry Company and endeavored...
Medrad, Inc. v. MRI Devices Corp. United States Court of Appeals for the Federal Circuit March 16, 2005, Decided 04-1134 Opinion [***1185] [*1315] BRYSON, Circuit Judge . Medrad, Inc., brought this action in the United States District Court for the Western...
Barrows v. Brinker Rest. Corp. United States Court of Appeals for the Second Circuit April 5, 2022, Submitted; May 31, 2022, Decided No. 21-606-cv Opinion Calabresi , Circuit Judge : A restaurant worker sued her former employer, alleging a variety of employment...
American Hosp. Ass'n v. NLRB Supreme Court of the United States February 25, 1991, Argued ; April 23, 1991, Decided No. 90-97 Opinion [*608] [***682] [**1541] For the first time since the National Labor Relations Board (Board or NLRB) was established...
Fields v. Legacy Health Sys. United States Court of Appeals for the Ninth Circuit September 14, 2004, Argued and Submitted, Portland, Oregon ; June 22, 2005, Filed No. 03-35386, No. 03-35587 Opinion [*948] GOULD, Circuit Judge: This consolidated appeal involves...
After a girls' basketball coach at a public high school complained unsuccessfully to his supervisor that the team was not receiving equal funding and equal access to athletic equipment and facilities, the coach began to receive negative work evaluations and...
Petitioners, members of the "white supremacist" National States Rights Party, held a public rally in Princess Anne, Maryland, on August 6, 1966, at which aggressively and militantly racist speeches were made to a crowd of both whites and Negroes. It was...
FilmOn.com Inc. v. DoubleVerify Inc. Supreme Court of California May 6, 2019, Opinion Filed S244157 Opinion [***594] [**1158] CUÉLLAR, J. —The Legislature enacted Code of Civil Procedure section 425.16 to address so-called strategic lawsuits against public...
Plaintiff Runnion filed an action through her mother, alleging that defendant Girl Scouts violated the Rehabilitation Act by refusing to provide her with sign language services and then by disbanding her troop because her mother complained. The district court dismissed...
After plaintiff Roland J. Tarnowski employed defendant F. James Resop as his agent to investigate and negotiate the purchase of a business, Tarnowski made an investment. Subsequently, Tarnowski discovered that Resop's representations concerning the business...
FBI Special Agent Samuel Michael McPheters and Bureau of Indian Affairs Police Officer Gregory Littlewhiteman arrived at the Rosanna Valdez's residence in LaPoint, Utah. The officers told Valdez that there was an outstanding felony warrant for the arrest of...
On June 6, 1997, Arley Corporation ("Arley") and Home Fashions Outlet, Inc. ("Home Fashions" and together with Arley, the "Debtors") each filed a petition for bankruptcy under title 11 of the Bankruptcy Code. On September 15, 1997...
A patent, entitled "Electronic Kiosk Authoring System," and owned by Datamize, L.L.C., disclosed a software program that would allow a person to author user interfaces for electronic kiosks. The authoring system gave the system author a limited range...
The oil and gas leasing and exploration and production landscape has become more competitive and further reaching now that prices are down, and companies are deciding whether to develop new fields in Pennsylvania, Ohio, and elsewhere. Are your clients interested...
Contractors regularly sign releases during the project performance that handicap their ability to collect any additional performance costs. If releases are not carefully worded, they can give away more than the contractor intended and later prevent it from pursuing...
In 2020, New York’s Uniform Voidable Transactions Act (UVTA) replaced New York’s Uniform Fraudulent Conveyance Act. Check out this expertly drafted practice note highlighting the more significant changes and explaining the working of the UVTA. Read...
Though trial by combat may at times seem an option, we at Civil Litigation like to keep litigation … well, civil. That’s why, as outside counsel, effective collaboration with in-house counsel is essential to developing a trial theme that summarizes...
California recently adopted a number of new housing laws to lessen regulations on the construction of new housing with a goal of increasing the desperately needed affordable housing supply in the state. However, some of the existing regulations include protections...