Recent Posts
7 May 2:15 pm
OK, we get that law is a serious business and that one should never make light of others' situations. Each person's claim is important to them, at the very least.
But after reading today's Federal Circuit opinion (unpublished, nonprecedential) in Bench Creek Ranch, LLC v. United States, No. 20-2151 (May 7, 2021), we couldn't help but make a couple of lighthearted movie references.
First, the above clip from one of the "Bill and Ted" movies is there because the Bench Creek case alleged that the feds are liable for a taking due to its failure to prevent wild horses from invading… [read
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7 May 2:14 pm
More than 92,000 outdoor wooden folding chairs were recalled after 18 reports of the chairs breaking including 15 people who fell. According to an alert issued by the U.S. Consumer Product Safety Commission (CPSC), TJX Companies Inc. has recalled these outdoor, wooden folding chairs that could collapse or unexpectedly break even when people are sitting...
The post Wooden Outdoor Chairs Recalled for Fall and Injury Hazard appeared first on California Personal Injury Blog. [read
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7 May 2:12 pm
It is clear that workers are starting to get “Zoom fatigue” and that experts agree that one treatment for this condition is ...
The post Can Your Employer Force You To Use A Camera? appeared first on Dutton Employment Law. [read
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7 May 2:06 pm
The long-awaited Navy Pier Flyover project is still in the offing, but a portion of one of the most hazardous areas of the Lakefront trail has gotten a face-lift. In February, the Chicago Department of Transportation announced that the path on the East side of the lower Lake Shore Drive bridge will now be expanded. This new path will accommodate northbound cyclists and pedestrians, and portions of it will run through the bridge houses.
Prior to this expansion, the trail narrowed to a small, poorly marked lane under the bridge. All trail-users precariously shared this space, with cars… [read
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7 May 2:05 pm
Peloton has recalled its Tread and Tread Plus treadmills while its CEO also issued a public apology admitting that the company was wrong to fight the U.S. Consumer Product Safety Commission’s (CPSC) request that it recall the treadmills after one child died and 70 others were injured by the exercise machines. According to a CNN...
The post Peloton Recalls All Treadmills and Publicly Apologizes After Child’s Death and 70 Injuries appeared first on California Personal Injury Blog. [read
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7 May 2:03 pm
Many seniors in the U.S. experience some form of abuse while they are residing in a nursing home. And many cases are unreported. Although neglect is considered a form of abuse, it is also considered a separate type of injury entirely. The distinction is minimal when it comes to ensuring safety for nursing home residents: Either way, you will want to get help for your loved one. However, it is important to recognize the differences and to get clarification on what is truly happening to them in their nursing home. Read on to learn the difference between abuse and neglect.
What is Nursing… [read
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7 May 1:58 pm
In Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.”
As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” The… [read
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7 May 1:56 pm
Retirement benefits can be a complex and contentious issue in a Texas divorce case. Generally, any income earned during marriage is considered community property unless proven to be separate property, including funds contributed to a retirement account or earned as pension benefits. In a recent case, a husband challenged a court’s order awarding a portion of his military retirement benefits to his ex-wife.
According to the appeals court’s opinion, the wife petitioned for enforcement of property division by contempt, alleging the husband had not paid her the… [read
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7 May 1:56 pm
As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use when analyzing whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
Labor advocates criticized the rule as favoring classification of workers as independent contractors as opposed to employees; only employees are protected by most employment-related laws, including the FLSA. Under the FLSA,… [read
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7 May 1:53 pm
After 13 years as the women’s basketball head coach at the private liberal arts college in Meadville, Pennsylvania, Kate Costanzo has been named the first Ombuds. Costanzo was also recently promoted to assistant director of athletics for the D3 school and she continues to serve as the NCAA designee on Allegheny's Diversity, Equity and Inclusion committee. College President Hillary Link said that Costanzo’s aptitude to grow within the athletics department as well as her personality traits are what led to her selection for the Ombuds position.Prior to Allegheny, Costanzo… [read
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7 May 1:47 pm
In a defeat for the tax collector, a sharply divided Maryland high court has ruled that the hotel and rental car booking website Travelocity.com does not owe state sales and use taxes for the years before Maryland’s tax law changed in 2015 to include accommodations intermediaries. The Court of Appeals’ 4-3 split on Travelocity’s taxability ... [read
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7 May 1:45 pm
Una de las implicaciones es garantizar el acceso a un juicio justo e imparcial. [read
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7 May 1:42 pm
The planning method that led to Alexa might be the key to your firm’s future. [read
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7 May 1:37 pm
[Doing so will protect constitutional rights, reduce vaccine hesitancy, and increase liberty - all at once.]
Over the last year, the Covid-19 pandemic has taken hundreds of thousands of lives in the US and around the world. Given the deadliness and contagiousness of the disease, there was a strong case for imposing at least some constraints on liberty to arrest its spread, though it is far from clear that the more severe "lockdown" measures were justified. But the coming of highly effective vaccines has radically transformed the situation. The time has come to free the… [read
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7 May 1:36 pm
Three men were killed in an Anaheim car accident when another vehicle slammed into their car, officials said. According to a news report in The Orange County Register, the two women who were in a Mercedes that struck the Kia Soul in which the men were traveling, left the scene, but were found at a nearby hospital being treated for their injuries.
Complex, Ongoing Investigation
The crash occurred early morning on May 4 on Brookhurst Street between Broadway and Orange Avenue. First responders found the cars with front-end damage. The Mercedes had a small fire under its hood, which… [read
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7 May 1:35 pm
On April 30, the U.S. Securities and Exchange Commission (SEC) posted nine new Notices of Covered Actions (NoCAs). Each NoCA relates to a successful enforcement action and signals that individuals may now file whistleblower award claims for those cases.
The newly posted NoCAs cover a wide range of enforcement actions and highlight the numerous types of corporate fraud and misconduct for which individuals can be awarded for blowing the whistle. One NoCA is for an enforcement action in which the SEC charged three Texas-based oil and gas companies and their principals with an $11.7… [read
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7 May 1:35 pm
It can be difficult for a marijuana user to subjectively assess their level of impairment. Even worse, there is no way for a marijuana user to objectively evaluate their level impairment. So, after consuming marijuana medically or recreationally, how can a marijuana user make a safe decision about driving?
Before we get to that question, let’s do a quick review of Michigan’s OWI laws as it relates to drugs. In Michigan, you can be charged (and potentially convicted) if you are either impaired or intoxicated by alcohol, drugs, or any combination thereof. Specifically,… [read
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7 May 1:35 pm
The Los Angeles Police Department has released surveillance video of a van being sought in connection with a hit-and-run crash that left a 15-year-old boy severely injured in Los Feliz. According to a KTLA news report, the teen was struck while crossing southbound on Prospect Avenue at Talmadge Avenue the night of April 28.
Hit-and-Run Pedestrian Collision
Police said the force of the collision caused the pedestrian to be thrown into the air. The van that struck the teenager then fled eastbound on Prospect without stopping to help the victim. Witnesses who rendered aid to the boy said… [read
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7 May 1:33 pm
Effective May 8, 2021, the State of New Hampshire will replace the existing “Safer at Home 2.0” restrictions with a series of “Universal Best Practices” for all individuals, businesses, and organizations to consider and implement for the operation of their business. In rolling out the new guidance, Governor Sununu noted that the goal is to keep the guidance “truly universal.” Previously, the State had issued more than 30 industry-specific guidelines. The state did, however, recently issue one industry-specific guidance for overnight… [read
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7 May 1:30 pm
NEW: Iowa Gov’t Officials Coordinated with Big Tech to Censor Judicial Watch Election PostsJudicial Watch Sues over Abuse of Children Tied to Biden Border Crisis Facebook’s Brazen Ban of President Trump Should Concern Every American Judicial Watch Reveals CENSORED History of 2020 ElectionJudicial Watch Sues for Records of Biden Dogs after Biting Incidents
NEW: Iowa Gov’t Officials Coordinated with Big Tech to Censor Judicial Watch Election Posts
Last week we released records from the Secretary of State of California revealing how state officials pressured… [read
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