Newspaper Law
 
Matthew Alexander Tarabochia v. FBI Special AGent Mickey Adkins

We must decide whether a suspicionless roving
automobile stop of commercial fishers made while they drive
on a public highway to investigate compliance with
Washington fish and game laws constitutes an unreasonable
search and seizure within the meaning of the Fourth
Amendment and, if so, whether this right was clearly
4 TARABOCHIA V. ADKINS
established as of the time of

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United States of America v. Charles Marquez

El Paso, TX - Charles Marquez, age 54, was sentenced to life in federal prison and fined $10,000 for his role in a prostitution scheme involving a minor announced United States Attorney Robert Pitman, Federal Bureau of Investigation Special Agent in Charge Douglas E. Lindquist and Homeland Security Investigations (HSI) Special Agent in Charge Dennis A. Ulrich.

On November 21, 2013, a fed

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Shawn King v. This Land Press, LLC, et al.

Shawn King v. This Land Press, LLC, Keena b. Roberts, Joshua Kline, Michael Mason, Vince Lovoi, Eric Cullen and Cullen & Associates, LLC

Plaintiff, Shawn King, for his claims against Defendants, This Land Press, LLC; Keena B. Roberts; Joshua Kline, Michael Mason, Vince LoVoi, Eric Cullen and Cullen & Associates, LLC, for conversion, invasion of privacy, libel, slander, defamation, invasio

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The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive

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International Society for Krishna Consciousness of California v. City of Los Angeles

The panel affirmed the district court’s summary judgment
in an action brought by the International Society of Krishna
Consciousness and the group’s president challenging section
23.27(c) of the Los Angeles Administrative Code, which bans
continuous or repetitive solicitation for the immediate receipt
of funds at Los Angeles International Airport.
The panel held that maj

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The People v. Justin James Merriman

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant personally used a deadly weapo

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The People v. David Allen Lucas

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte

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The People v. Gene Estel McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdict of dea

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Philip Naeve v. Humboldt County Drainage District #126

Landowners appeal from a district court decision denying their petition to set aside the establishment of a drainage district and to reclassify lands to reduce their assessment of costs. The county board of supervisors contends the landowners waived their arguments against the drainage district by failing to raise them before the board. The board also contends the classification and assessment are

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The People v. Daryl Lee Johnson

This case presents an issue of first impression: In fulfilling its federal constitutional duty to disclose exculpatory evidence to a criminal defendant under Brady
2
v. Maryland (1963) 373 U.S. 83 (Brady), is the prosecution entitled to direct access to peace officer personnel files? In this consolidated writ proceeding, petitioners the San Francisco District Attorney and the San Francisco

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Patrick Hahn v. Daniel Walsh

Janet Hahn was a pretrial detainee at
the Champaign County Correctional Center (“CCCC”)
immediately before she died as a result of diabetic
ketoacidosis.1 Patrick Hahn, Mrs. Hahn’s husband, and
Erik Redwood, the administrator of her estate, brought this
action, alleging that various government officials and private
contractors failed to provide adequate medical treatm

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Andrew Dwyer v. Cynthia A. Cappell

Attorney Andrew Dwyer, lauded by New Jersey judges in separate judicial opinions, published on his law firm’s website those complimentary remarks. One of the judges objected to this, and ultimately the New Jersey Supreme Court adopted an attorney-conduct guideline that bans advertising with quotations from judicial opinions unless the opinions appear in full. Is the guideline an unconstitutional

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In the Interest of K.R.L., a Minor Child

Appellant K.K.L. appeals a decree, rendered after a bench trial, terminating the parent-child relationship between him and his minor daughter, K.R.L. Among its findings, the trial court determined that the evidence supported termination pursuant to Family Code section 161.002(b)(1) because Appellant, an “alleged father,” had not filed an admission of paternity after being served in the termina

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Chris Hogan v. Michael K. Winder, et al.

Chris Hogan lost his job with the Utah Telecommunications Open
Infrastructure Agency, or “UTOPIA,” a state agency charged with upgrading
high-speed internet access. Claiming he was fired for revealing a conflict of
interest in contract awards, he threatened to sue the agency for wrongful
termination. Shortly after making this threat, he was subject to several
unflattering m

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Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc

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James Demetriades v. Yelp, Inc.

Plaintiff James Demetriades, who operates restaurants in Mammoth Lakes, filed a complaint seeking an injunction under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq. (UCL)) and False Advertising Law (Bus. & Prof. Code, § 17500 et seq. (FAL)) to prevent defendant Yelp, Inc. (Yelp), the operator of a popular online website that contains customer reviews of businesses, from making cl

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In the interest of J.W., J.W., J.W., and J.R.W., children

This is an appeal from an order in which the trial court terminated the parental rights of the mother and father with respect to their children—J.W., J.W., J.W., and J.R.W. The mother filed a notice of appeal. We affirm.
The mother presents two issues for review; both relate to the untimely notice provided by the Department of Family and Protective Services of its intent to seek termination

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Salem Abraham v. Daniel Greer and Fix The Facts Foundation d/b/a AgendaWise

Is a public official always a public official . . . that seems to be the underlying question in the appeal before us.
Salem Abraham appeals from an order dismissing his lawsuit for libel against Daniel Greer and Fix the Facts Foundation, d/b/a AgendaWise (collectively referred to as AgendaWise). The order of dismissal was entered pursuant to Chapter 27 of the Texas Civil Practice and Remedies

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Lawrence Bailey v. Respironics, Inc. and Respironics Colorado, Inc.

Lawrence Bailey, individually and as representative of the estate of Paula S. Bailey,
deceased, Melissa Bailey and Byron Bailey (Bailey) appeal the trial court’s summary judgment
in favor of Respironics, Inc. and Respironics Colorado, Inc. In four points of error, Bailey
argues the trial court erred in (1) refusing to continue Respironics’ motion for summary
judgment, (2) strik

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Douglas Gotterba v. John Travolta

Here we hold that a declaratory relief action filed in response to an
attorney's letters threatening litigation over a contract dispute does not come within the
provisions of a strategic lawsuit against public participation ("SLAPP"). (Code Civ.
Proc., § 425.16.)1
John Travolta, Atlo, Inc., a Delaware corporation, Constellation
Productions, Inc., a California corporation, and

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Los Angeles Unified School District v. Los Angeles Times Communications, LLC

When it comes to educating children, few things are more controversial than standardized tests. And few things generate more conflict than how, or even if, teachers should try to improve their students’ performance on such tests. But by law, school districts must establish standards of expected pupil achievement, and teachers are evaluated and assessed in regards to their students’ progress. W

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The People v. Stephen Edward Hajek and Loi Tan Vo

Defendants Stephen Edward Hajek and Loi Tan Vo were convicted of the 1991 murder of Su Hung (Pen. Code, § 187)1 as to which lying-in-wait and torture-murder special circumstances were found true (former § 190.2, subd. (a)(15), (18)). Additionally, defendants were convicted of four counts of premeditated attempted murder (§§ 664/187), one count of kidnapping (§ 207, subd. (a)), three counts of

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Tracey Chandler v. Mark W. Valentine, M.D.

¶1 The issue in this matter is whether an insurer may agree to cancel a "claims made" policy with the knowledge that a potential claim is pending without violating the statutory prohibition on retroactive annulment of an insurance policy following the injury, death, or damage for which the insured may be liable. See Okla. Stat. tit. 36, § 3625 (2011). This Court holds that it may not and affirms

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Bruce I. Schimmel v. Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah Clark, and Carol Severance

In this interlocutory appeal, appellees Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah
2
Clark, and Carol Severance (collectively, “the Buy-Out Owners”), sued Bruce Schimmel, an attorney hired by The Sands of Kahala Beach HOA, Inc. (“SOKB”), the homeowners’ association for the subdivision in which the Buy-Out Owners li

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Beau David Price v. Texas Alcoholic Beverage Commission, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena

Beau David Price sued his former employer, the Texas Alcoholic Beverage Commission (“TABC”) and several officials, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena (collectively “Appellees”), alleging that his termination
2
violated his constitutional rights of equal protection, free speech, and due course of law. The trial court granted Appellees’ plea to the jurisdiction, and

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