California lemon law rules

According to the appellate court, the students did not meet their burden because: (1) the evidence at trial demonstrated that teacher assignments are made by administrators guided by teacher preference, district policies, and collective bargaining agreements, and (2) none of the challenged laws tell administrators which teachers to assign to which schools. … [Read more...] about California Teacher Tenure Laws Upheld by Appellate Court

Action Taken After Numerous Legal and Legislative Attempts at Solution FailedThe last ten years have seen numerous corporations and industries push legislation that protects them from civil action and this includes the nursing care industry. Two Supreme Court decisions made in 2011 and 2013 made it both possible and easy for companies to use these clauses and nearly impossible for consumers to have them overturned. Whether or not a victim understood the clause at the time of signing is irrelevant as well, as indicated by an appeals court judgement that refused to allow the dismissal of an arbitration clause on the grounds that the man who signed it was unable to read. … [Read more...] about Government Agency Denies Funding to Nursing Homes Requiring Arbitration Clauses

In dissent, Justice Anthony M. Kennedy, joined by Justice Samuel A. Alito Jr., apparently acknowledged the significant uptick in FDCPA litigation, writing that the majority opinion “aligns the judicial system with those who would use litigation to enrich themselves at the expense of attorneys who strictly follow and adhere to professional and ethical standards.” Notably, however, several ordinarily business-friendly justices were in the 7-2 majority that didn’t buy arguments about an abusive cottage industry bringing FDCPA cases against lawyers who are doing nothing wrong. … [Read more...] about Payback: Lawyers on Both Sides of Collection are Feeling Debt’s Sting

Members of the defense bar were especially encouraged by the court’s condemnation of evidence of other misconduct by State Farm outside Utah that bore little or no resemblance to Campbell’s situation. Plaintiffs lawyers discount the evidence admitted against State Farm as extreme and maintain such testimony should continue to come in if it in fact does involve similar conduct in comparable scenarios. (On remand, the Utah Supreme Court on April 23 rejected as dicta Kennedy’s suggested $1 million in punitive damages and instead set the new amount at $9 million to cover emotional distress caused by the com­pany, which the state justices said warranted “condemnation in the upper single-digit ratio rather than the 1-to-1 ratio.” No. 981564.) … [Read more...] about Punitive Precision

The filing does not provide legal arguments for why the case should be reconsidered, making it difficult to anticipate the basis for appeal. Furthermore, Led Zeppelin’s publishing company is seeking more than half a million dollars from the Trust in legal fees already incurred for the defense, triggered by a 2016 U.S. Supreme Court decision that allows prevailing parties in copyright cases to seek legal fees. See Kirtsaeng v. John Wiley & Sons, Inc., 136 S.Ct. 1979 (2016). Given the appeal, these fees will only increase. This case and the Blurred Lines case are ones to watch as their outcomes could impact the music industry and copyright law in general. … [Read more...] about Led Zeppelin Prevails in Copyright Infringement Case: Now on Appeal in Ninth Circuit