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A California court case over a flammable hoverboard could force Amazon to change its entire third-party sales business model

PATRICK T. FALLON/AFP via Getty Images In 2015, a woman named Kisha Loomis suffered burns when a hoverboard ordered on Amazon caught on fire in her house. Loomis sued Amazon in California, and saw her case against the tech giant receive a summary judgment. Amazon successfully argued that the hoverboard merchant "fell outside the chain of distribution," and that it was therefore not responsible for the accident. But now, an appellate court has cleared the lawsuit to go before a judge an...
Tags: Amazon, Texas, Law, California, China, Trends, Customers, Retail, Wiley, Browning, John Wiley, Loomis, John Browning, Patrick T Fallon, Aine Cain, Insider Amazon


"An adjunct professor teaching her first-ever course at a California college was placed on leave this week after she ripped a student during a class presentation because he said he regards police officers as 'heroes.'"

"The unidentified Cypress College educator was apparently triggered Wednesday during 19-year-old business major Braden Ellis’ Zoom presentation on cancel culture in the US, in which he noted how even animated kids TV shows such as 'Paw Patrol' have come under fire from unhinged cop-haters.... 'You’re saying police officers should be revered, viewed as heroes? They belong on TV shows with children?'" The NY Post reports. Here's the video:  [Author: [email protected] (Ann Althouse)]
Tags: Education, Law, California, Police, US, Children's Tv, Ny Post, Cypress College, Ann Althouse, Braden Ellis


"Tip of the Iceberg: How Much Criminal Justice Debt Does the U.S. Really Have?"

The title of this post is the title of from The Fines and Fees Justice Center.  Here are some excerpts from the report's "Introduction and Executive Summary": Over the past two decades, advocates, researchers, government agencies and the media have drawn increasing attention to the dangerous effects of fines and fees, particularly on communities of color and low-income people.  While those moving through the criminal justice system often experience fines and fees as a single, ongoing burden, ...
Tags: Texas, Law, California, New Mexico, District Of Columbia, Irs, Brennan Center for Justice, Bernalillo, Douglas A Berman, Fees Justice Center


On Second Thought, Just Pay Her — See Also

State Bar President Learns Why Extortion Is So Effective: He went to the police when a woman blackmailed him and he ended up getting punished for it. Receipts: California broke its own rules to get an online bar exam. Home Of The Clerkships: Which schools are doing best when it comes to clerking? Toxic: Everyone’s […]
Tags: Law, California, See Also


Congressional committee told Marine division commander placed on administrative leave in fatal AAV sinking off San Clemente Island

Marine Corps officials told lawmakers during a congressional hearing Monday, May 3, that Maj. Gen. Robert Castellvi, who was in command of the 1st Marine Division at Camp Pendleton at the time of a July 30 training accident in which nine men died, has been put on administrative leave while a new investigation is completed. The House Armed Services Committee hearing Monday focused on testimony from two top Marine leaders regarding the investigation into the accident, in which an amphibious assaul...
Tags: News, California, Sport, Marine, Soccer, Military, Marine Corps, Marines, Pentagon, Thomas, AAV, House Armed Services Committee, Camp Pendleton, Gary Thomas, David Berger, San Clemente Island


Apple and the maker of 'Fortnite' are facing off in an epic legal battle. Here's what the companies are fighting about and what to expect in the courtroom.

Apple CEO Tim Cook, left, and Epic Games CEO Tim Sweeney, right. Apple/Rachel Luna/Stringer "Fortnite" maker Epic Games is suing Apple, and the court proceedings start this week in California. Epic says Apple's App Store is a monopoly. Apple says Epic broke its developer contract. As a result of the legal spat, "Fortnite" was kicked off Apple's iPhone and iPad last year. Visit the Business section of Insider for more stories. Apple and the maker of "Fortnite" are going to battle in...
Tags: Iphone, Apple, Ios, Ipad, Gaming, Facebook, Spotify, Microsoft, Video Games, Entertainment, Law, California, Trends, Smartphones, Epic, Tim Cook


A Roundup of CCPA Court Decisions (I Only Know of 7)

This post recaps the court decisions analyzing the California Consumer Privacy Act (CCPA) so far. I only know of seven opinions as of May 1, 2021, a number that struck me as surprisingly small. (If you think I’m missing any, please email me). Overview CCPA lawsuits generally fit into one of the following four categories: Data breach Private Right of Action (PRA). Since Jan. 1, 2020, the CCPA authorizes a private right of action with respect to certain data breaches. I expected this would be a ...
Tags: Facebook, Law, California, Virginia, Walmart, Stasi, Pra, Doj, Privacy/security, Guzman, Rahman, McCoy, HIPAA, Facebook Inc, AG, Alphabet Inc


With new good behavior rules, is California on track to achieve historic "cut 50" in its prison population?

The question in the title of this post is prompted by this new AP article, headlined "76,000 California inmates now eligible for earlier releases," though it also picks up on a broader, decades-long prison reform story in the Golden State. First, from the AP: California is giving 76,000 inmates, including violent and repeat felons, the opportunity to leave prison earlier as the state aims to further trim the population of what once was the nation’s largest state correctional system. More than 6...
Tags: Supreme Court, Law, California, Ap, U S Supreme Court, Legislature, Golden State, Simas, Plata, Dana Simas, Douglas A Berman, Kent Scheidegger, Criminal Justice Legal Foundation, Golden State First, Gov Schwarzenegger, state Office of Administrative Law


Top Marines expected to testify to Congress about fatal AAV training accident and safety procedures

The Marine Corps’ top leaders will speak before a Congressional committee on Monday, May 3, addressing lawmakers’ concern about a “lack of safety” and an uptick in training accidents. The appearance was prompted by a recently released investigation into the most deadly accident the Corps has had training with the amphibious assault vehicles that have been in use since the 1970s. With the number of military training accidents and fatalities outpacing combat deaths in recent years, lawmakers have ...
Tags: News, Congress, California, Sport, Marine, Soccer, Military, Marine Corps, Marines, Pentagon, Wood, Jackie, Berger, Congressional Research Service, Congressional, AAV


Top Marines expected to testify to Congress about fatal AAV training accident and safety procedures

The Marine Corps’ top leaders will speak before a Congressional committee on Monday, May 3, addressing lawmakers’ concern about a “lack of safety” and an uptick in training accidents. The appearance was prompted by a recently released investigation into the most deadly accident the Corps has had training with the amphibious assault vehicles that have been in use since the 1970s. With the number of military training accidents and fatalities outpacing combat deaths in recent years, lawmakers have ...
Tags: News, Congress, California, Sport, Marine, Soccer, Military, Marine Corps, Marines, Pentagon, Wood, Jackie, Berger, Congressional Research Service, Congressional, AAV


Pre-Invention Innovations Not Captured by Employment Agreement Duty to Assign

by Dennis Crouch Bio-Rad Labs, Inc. v. ITC and 10X Genomics (Fed. Cir. 2021) At its core, this is an employer-inventor dispute in the area of gene sequencing technology.  Saxonov & Hindson co-founded company QuantLife that was bought out by Bio-Rad. The pair then became Bio-Rad employees. At both companies they signed agreements to transfer invention rights to Bio-Rad. In April 2012 the pair left Bio-Rad; in July 2012 formed 10X; and began filing new patent applications in August 2012. These app...
Tags: Law, California, US, Itc, Patent, Fed, Bio Rad, Federal Circuit, Dana Farber, Dennis Crouch, USITC, Ono Pharm Co Ltd, Bio Rad Labs Inc, Saxonov Hindson, Hindson, Saxonov


Thinking Caps For Sale

One weird trick for avoiding bank fees. And other slip-ups by the legal community.
Tags: Law, California, Legal Ethics, Small Law Firms, Jill Switzer


California Court Holds Amazon Strictly Liable for Marketplace Items Amazon Didn’t Fulfill–Loomis v. Amazon

This is another lawsuit over a fiery Chinese-manufactured hoverboard sold through Amazon’s marketplace. In Bolger v. Amazon from August 2020, a California appellate court held that Amazon was strictly liable for marketplace items it fulfilled, and Section 230 immunity didn’t apply. A second California appellate court has endorsed Bolger but goes further: strict liability applies even if Amazon doesn’t do the fulfilment. This puts Amazon is a legally dicey spot, and its countermoves will likely s...
Tags: Amazon, Law, California, Ebay, E-commerce, Customers, Fox, Lg, Wiley, Illinois, State Farm, Ucla, Osu, McDonald, Loomis, Hinton


COVID-19 Claim Survives Motion for Judgment on the Pleadings

    In a well reasoned decision, the Superior Court in California denied the insurer's motion for judgment on the pleadings on a business interruption claim arising from COVID-19. Boardwalk Ventures CA, LLC v. Century-National Ins. Co., et al. , 2021 Cal Super. LEXIS 35 (Cal. Super. Ct. March 18, 2021). The decision is .      The insured operated a restaurant. After the pandemic struck and shut-down orders were issued, the insured submitted a claim for losses due to the suspension of its opera...
Tags: California, Insurance, Superior Court, Tred Eyerly, First Party Insurance, COVID-19, COVID, Boardwalk Ventures CA LLC, Century National Ins Co


Kaiser Permanente To Shell Out Nearly $19M To Settle Discrimination Lawsuits

The California-based health system agreed to settle two lawsuits alleging unfair practices that resulted in Black and Hispanic workers being paid less and receiving fewer promotions than their white counterparts. In total, Kaiser Permanente agreed to pay $18.9 million as part of the settlements.
Tags: Law, California, Kaiser Permanente, Health Care / Medicine, Healthcare Docket, Kaiser Permanente To Shell


The morning read for Tuesday, April 27

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: Chief Justice John Roberts to represent Supreme Court at Biden speech to Congress (John Fritze & Amanda Hernández, USA Today) The Supreme Court’s conservatives may have the votes to expand Second Amendment rights (Joan Biskupic, CNN) Supreme Court to Rule on Whether...
Tags: Supreme Court, Law, California, New York Times, Biden, Round-up, John Roberts, Robert Barnes, Ken Paxton, Joan Biskupic, CNN Supreme Court, Washington Post U S Supreme Court, Adam Liptak Carol Rosenberg, Texas Karen Brooks Harper The Texas Tribune


Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen


Justices doubtful on California donor-disclosure requirement

The Supreme Court on Monday seemed poised to side with two conservative groups challenging the constitutionality of California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names and addresses of their largest donors. The requirement, the state insists, helps it to police charitable fraud. But two nonprofits argue that the rule violates the First Amendment by discouraging their donors from making contributions. After near...
Tags: Featured, Supreme Court, Law, California, Alabama, Irs, Charles Koch, Sonia Sotomayor, John Roberts, American Civil Liberties Union, Feinberg, Roberts, Howe, Alito, Shaffer, Barrett


Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry

Non-U.S. citizens who are deported and later return to the United States can be prosecuted for criminal re-entry. In order for federal prosecutors to sustain a charge for criminal re-entry under 8 U.S.C. § 1326, they must prove the existence of a prior removal order adjudicated by a federal immigration agency. But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? On Tuesday, the justices will ...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, United States, Circuit, Trump, 9th Circuit, U S Court of Appeals, Jeff Sessions, Ashcroft, Ochoa, Board of Immigration Appeals, Merits Cases


"'Vibe' as slang, referring to an aura or feeling, emerged in the sixties, in California, and gave the word its enduring hippie associations."

"The underground paper Berkeley Barb made frequent use of it as early as 1965. The following year, the Beach Boys hit 'Good Vibrations' exposed the slang to broader audiences.... In some ways, the rise of digital life allowed for a vibe revival....  Whereas Instagram’s main form is the composed tableau, captured in a single still image or unedited video, TikTok’s is the collection of real-world observations, strung together in a filmic montage....  TikTok’s technology makes it easy to crop vid...
Tags: Coffee, Instagram, Law, California, Montana, Angels, Beach Boys, Sufjan Stevens, Norman, Paying Attention, Slang, Lsd, Tom Wolfe, Ken Kesey, Ann Althouse, Interior Decoration


"Over the past decade, the United States population grew at the slowest rate since the 1930s, the Census Bureau reported on Monday, a remarkable slackening..."

"... that was driven by a leveling off of immigration and a declining birthrate. The bureau also reported changes to the nation’s political map: The long-running trend of the South and the West gaining population — and Congressional representation — at the expense of the Northeast and the Midwest, continued, with Texas gaining two seats and Florida, one. California, long a leader in population growth, lost a seat for the first time in history.... 'This is a big deal,' said Ronald Lee, a demograp...
Tags: Florida, Texas, Law, California, Global Warming, West, United States, Population, South, Midwest, Lee, Northeast, Census Bureau, Ann Althouse, Ronald Lee, University of California at Berkeley If


Police make quick decisions on pursuits, which can turn deadly

Forty-one people died from police pursuits in California during 2020 – making it the deadliest year for chases involving law enforcement since 2006 when a state law meant to improve safety took effect. In those 15 years through 2020, a Southern California News Group analysis of data from the California Highway Patrol shows, 476 people were killed: •281 drivers fleeing police •94 passengers in suspect vehicles •91 bystanders •10 police officers Meanwhile, collisions occurred in about a quarter of...
Tags: News, California, Senate, Milwaukee, Los Angeles, Atlanta, Sport, Society, Ap, Soccer, Cameron, Chico, Long Beach, Dallas, California Highway Patrol, CHP


Justices to consider constitutionality of donor disclosure rule

The Supreme Court will close out its April argument session next week with two major First Amendment cases. On Wednesday, it will hear the case of a Pennsylvania student who was removed from her high school cheerleading team after posting offensive messages on social media. But on Monday, it will first hear a very different First Amendment case: a challenge to California’s requirement that charities and nonprofits operating in the state provide the state attorney general’s office with the names...
Tags: Featured, Supreme Court, Law, Congress, California, Alabama, Georgia, Pennsylvania, Citizens United, Connecticut, Michigan, Christian, Naacp, Irs, Charles Koch, Richard Blumenthal


"Caitlyn Jenner has accepted Joy Behar’s apology for misgendering the California gubernatorial hopeful, telling the daytime host she’s 'not about cancel culture.'"

"'Don’t sweat it, @JoyVBehar,' Jenner, 71, tweeted early Saturday morning. 'I’m not about cancel culture. I know where your heart is. California has bigger issues than pronouns.'... '[Behar] didn’t say it pointedly. She kept making the mistake. She corrected herself, and then accidentally did it again. She was not being malicious by any means,' an insider told Page Six while pointing out that Behar is an 'advocate' who 'has been honored by [LGBTQ+ rights group] GLAAD.'"Page Six reports.Good move...
Tags: Law, California, Etiquette, Transgender, Free Speech, Caitlyn Jenner, Jenner, Apologies, Joy Behar, Behar, Page Six, Ann Althouse, Cancel Culture


Looking To Be A Legal Recruiter? Our California Offices Are Hiring! [Sponsored]

Over the past decade, Lateral Link has become a preeminent player in the legal recruiting industry -- and we are looking to add recruiters to our California team.
Tags: Law, California, Biglaw, Sponsored Content, Legal Recruiting, Legal Recruiters, Headhunters / Recruiters, Job Searches, Lateral Link, California Offices Are Hiring


Morning Docket 04.23.21

* The Florida Supreme Court won't let voters legalize recreational marijuana in the Sunshine State. At least the Court didn’t break the bad news on 4/20... [Slate] * A Brooklyn man's murder conviction has been overturned because his lawyer was reportedly "atrocious" and committed inexcusable mistakes. [New York Daily News] * A new lawsuit claims that Florida's so-called anti-riot law is unconstitutional. [AP] * Rob Bonta has been confirmed as California's Attorney General. [Los Angeles Time...
Tags: Apple, Florida, Hollywood, Law, California, Marijuana, Court, Tesla, Brooklyn, Los Angeles Times, New York Daily News, Florida Supreme Court, Morning Docket, Rob Bonta, California Attorney General, RSB- Tesla


Reset, Recalibrate and Replenish

“No matter how much you try, the mind and circumstances tend to conspire in ways to unsettle your soul. And when that happens, you need to find a way to reset, recalibrate and replenish.” This from veteran tech journalist, Om Malik. For Om, this means landscape photography, recently along the California coast, among the redwoods. For years, reset, recalibrate and replenish, for me, meant running every morning, working myself into the day without the frantic starts of decades past (b...
Tags: Law, California, Uncategorized, Seattle, Jill, Issaquah, Bainbridge Island


Burnt out: is the exhausting cult of productivity finally over?

In the last decade, employees have been encouraged to see work and life as interchangeable, and to hustle ever harder. But the pandemic has brought a new reckoningIn the US, they call it “hustle culture”: the idea that the ideal person for the modern age is one who is always on, always at work, always grafting. Your work is your life, and when you are not doing your hustle, you have a side-hustle. Like all the world’s worst ideas, it started in Silicon Valley, although it is a business-sector th...
Tags: California, US, Life and style, Society, Work & careers, Work-life balance, Silicon Valley, Guardian Careers


Indonesian Navy searches for missing sub with 53 on board

By Agustinus Beo Da Costa | Reuters JAKARTA – Indonesian rescuers searching for a submarine that went missing with 53 people on board found an oil spill on Wednesday near where the vessel dived, authorities said. The 44-year-old submarine, KRI Nanggala-402, was conducting a torpedo drill in waters north of the island of Bali but failed to relay the results as expected, a navy spokesman said. An aerial search found an oil spill near the submarine’s dive location and two navy vessels with sonar ca...
Tags: South Korea, News, Bali, Indonesia, Australia, Navy, California, Germany, Accidents, Singapore, India, Sport, World news, Soccer, Military, Connecticut



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