Berkeley, Police on Hook for Protester Force Claims

The city of Berkeley, its police chief and several police officers must face class action claims they attacked and arrested people who were peacefully protesting the city’s continued participation in a SWAT team training and weapons expo, a federal judge ruled Wednesday.

But the judge kept alive claims that Greenwood failed to enforce the Berkeley Police Department’s rules for policing demonstrations, adopted to address complaints about violent tactics used against Black Lives Matter demonstrators in 2014.

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CO Supreme Court: recording not protected by attorney-client privilege

A stroke victim must turn over to the chiropractic practice she is suing a recording of her initial consultation with her attorney following a sharply spit Colorado Supreme Court opinion that the tape is not protected by attorney-client privilege.

Read the source article at Legal Newsline

Fighting Ex-Felon Label, Arpaio Fires on News Outlets

Convicted ex-Sheriff Joe Arpaio accused three news outlets and their reporters in a federal defamation complaint Monday of overstating his criminal history.

Trump pardoned Arpaio in 2017 after the former Maricopa County sheriff was found guilty of criminal contempt for ignoring a court order directing his office to stop detaining people it suspected of being in the country illegally.

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Court Revives Cheez-It Class Action Over Healthful Branding

Reviving a federal class action over healthful branding that appears on boxes of Cheez-Its, the Second Circuit found Tuesday that the “whole grain” slogan could mislead consumers.

While Cheez-Its usually come in a package that says either “Whole Grain” or “Made with Whole Grain,” the ingredients list puts enriched white flour at the top.

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Firms to Pay $9M to Settle Suit Over Damages in 2012 California Wildfire

Officials say a construction company and a logging firm have collectively agreed to pay $9 million for damages resulting from a 2012 wildfire that burned more than 1,600 acres of national forest land in Northern California. 

Read the source article at Insurance Journal

Podcast: President Trump's deepening legal troubles

President Trump's legal issues continue to mount, including whether he violated campaign finance laws when he allegedly directed his attorney, Micheal Cohen, to pay hush money to adult film star Stormy Daniels. In this podcast from NPR, Steve Inskeep talks to Trump supporter Chris Buskirk, who runs the conservative publication American Greatness, about the president possibly being linked to campaign finance violations.

Man may not live long enough to get to court after Monsanto decision

Richard Giglio apparently won’t live long enough to have his day in court against Monsanto Co. And if his heirs take up his case after his death and prove that Monsanto’s widely used weedkiller caused Giglio’s terminal cancer, their damages will be much less than his would have been.

Read the source article at San Francisco Chronicle

A 50-State Survey Of Damages Caps And The Collateral Source Rule

Many state legislatures across the country have enacted statutory measures to limit the amount of compensatory and/or punitive damages recoverable by plaintiffs in a civil lawsuit. These limitations and the rationale behind them vary, sometimes widely and sometimes fractionally, from state to state. Similarly, many states have created varying rules regarding the scope and applicability of the collateral source rule

Read the source article at mondaq.com

Trial lawyers find unusual allies in fight against arbitration

Class action lawyers who see arbitration as a mortal threat to their business have found unlikely allies among some of the nation’s most conservative state officials.

The State Financial Officers Foundation, which bills itself as “the nation’s largest and leading organization for free market-focused state treasurers,” wrote a letter to the Securities and Exchange Commission last month opposing any move to allow companies to require investors to arbitrate disputes instead of filing class actions.

The Nov. 13 letter extolled class actions as “the primary mechanism for compensating defrauded investors” and said mandatory arbitration “would do ...

Read the source article at Legal Newsline

Divided Circuit Staunchly Backs New Jersey Ammunition Limit

Upholding a law that limits gun owners from carrying magazines with more than 10 rounds of ammunition, the Third Circuit ruled 2-1 Wednesday that the national rise in mass shootings justifies this reasonable burden on the Second Amendment.

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Amputee injured in Dorney Park wins $2.75M

Attorneys for a construction worker injured in 2014 at Dorney Park & Wildwater Kingdom won a $2.75 million settlement for him. Anthony Dos Santos had to have his lower right leg amputated, the law firm Stark & Stark based in Yardley, Pennsylvania, said.

Read the source article at nj.com

Court Revives Grandma's Case Against Officials Who Sent Her to Men's Jail

Fior Pichardo de Veloz was on her way to Miami for the birth of her grandchild when a not-so-funny thing happened. She was arrested on old drug charges, but that wasn't it. What happened next made all the newspapers: police took her to the men's jail. It got worse.......

Read the source article at blogs.findlaw.com

Toobin: 'Trump should be nervous after Flynn's recommendation'

CNN legal analyst Jeffrey Toobin says Robert Mueller's recommendation that former National Security Adviser Michael Flynn serve no prison time in exchange for his cooperation should send a signal to President Trump. And that signal is that it's time to be nervous about the investigation. Mueller says Flynn provided "substantial" assistance to his investigation of Russian influence in the 2016 presidential election. You can read the heavily-redacted sentencing recommendation document here. 

Students sue Rhode Island over lack of civics education

Rhode Island is failing to teach civics and prepare students to be "capable citizens," a federal class-action lawsuit alleges. The 14 students in the suit say the state provided such a substandard education that it violates their rights under the US Constitution.

Read the source article at KAKE.com

Deceased Smoker's $20M Judgment Reinstated

A recent Engle -progeny case decided by the Eleventh Circuit is making headlines as Phillip Morris and RJ Reynolds just had a $20 plus million judgment reinstated by an appellate panel. Sadly, the plaintiff's estate had to bring the appeal as the plaintiff, Judith Berger, passed.

Read the source article at blogs.findlaw.com