Five days after he was released from prison, a schizophrenic man was arrested for attempted rape with an enhancement for inflicting bodily injury. He waived a jury trial, pleaded guilty, and was sentenced to six years in prison. Committed to a state mental hospital for treatment before commencing his prison... Read More »
In a battle about the legal meaning of a key phrase in the governing statute, the California Supreme Court determined that a non-profit corporation was liable for over $12 million in costs caused by one of its employees who negligently ignited a fire that destroyed almost 7,500 acres of land... Read More »
Despite the fact that COVID-19 cases increased by more than 40% in the week between Christmas and New Year’s Eve, legal challenges to the Biden Administration’s “vaccine or test” mandates for large employers and health care workers are mounting. The Supreme Court has now agreed to hear oral arguments on... Read More »
A drunk driving suspect who caused a fatal accident was given a warrantless search of his blood after being taken by helicopter to a hospital. On his way to surgery, police asked for and received the sample. During his trial for second-degree murder and gross vehicular manslaughter while intoxicated, he... Read More »
Filing a claim for life insurance benefits requires notifying the insurance company that a death has occurred and providing proof of loss as required by the policy terms, usually in the form of an official death certificate. The policy might dictate more specifically what types of documentation must be submitted... Read More »
Disciplining high school students for racist, bullying, vulgar, or harassing speech posted on social media does not violate the First Amendment whether it occurs on campus or in the privacy of students’ homes. The Ninth Circuit followed a recent decision by the U.S. Supreme Court that said social media posts... Read More »
He’s “really, really ashamed,” but he’s going to Federal prison for 63 months, the longest sentence yet issued for one of the January 6 Capitol rioters. Of the 700-plus rioters who attempted a coup of the 2020 election results, Robert Scott Palmer, a 54-year old Largo, Florida man was charged... Read More »
Adding yet another legal worry to the barrage of suits now facing ex-President Trump, his long-time personal lawyer Michael Cohen has sued him, former Attorney Bill Barr, and several prison officials for retaliation and violation of his First Amendment rights. Cohen claims that these government officials retaliated against him when... Read More »
When a Superior Court judge told a graduate of a “less prestigious law school” that his hourly rate was too high compared to that of attorneys “who went to Harvard or Yale,” he sued, claiming the judge had abused his discretion. The Court of Appeals disagreed and found the judge’s... Read More »
“This is a very sad case,” said one judge during oral argument before the Ninth Circuit Court of Appeals. “But it all comes down to tolling,” he concluded as the court heard an appeal from a mentally ill, homeless woman whose baby died after jail personnel ignored her labor and... Read More »
Two gay students were legally expelled from a theological seminary that was unaffiliated with a church because the Ninth Circuit ruled that Title IX’s exemption for religious organizations covers that institution as well as traditional church-affiliated ones. A three-judge panel of the United States Court of Appeals for the Ninth... Read More »
Jason R. was a troubled teen whose mother placed him in foster care because she felt she could not properly look after him. He was placed with a same-sex married couple who soon wished to adopt him. But Jason did not want to be adopted. He wanted to be placed... Read More »
The appellate court’s review of California Governor Gavin Newsom’s decision to allocate $80 million of state funds to help undocumented, unemployed workers during the pandemic is reminiscent of the old saying “It’s easier to ask forgiveness than it is to get permission.” The Court of Appeal for the Second Appellate... Read More »
When is a school district liable for the sexual abuse of a young student by her teacher? When does a duty arise, even if the school district isn’t aware of the sordid conduct? A new appellate ruling in a case about a 13-year old who was groomed, then sexually assaulted... Read More »
In the wake of the tragic shooting at an Oxford, Michigan, high school that killed four students and injured eight others, calls for stricter parental responsibility laws with harsher penalties are emerging from all levels of government and advocacy organizations throughout the private sector. James and Jennifer Crumbley, parents of... Read More »
