Archive for August, 2009

Pedreira v. Ky. Baptist Homes for Children, No. 08-5538

In an action under the First Amendment and various employment statutes challenging defendant-Baptist Homes for Children’s policy of firing and not hiring gay and lesbian employees, dismissal of the complaint is affirmed in part where the termination of plaintiff based on her sexual orientation did not constitute discrimination on account of religion. However, the ruling [...]

SIGG Changes Its Story, Admits BPA In Water Bottles

The manufacturer of a popular aluminum water bottle is under fire this week for not having disclosed that many of its bottles were manufactured with a lining made from the chemical bisphenol-A, or BPA. Used to harden plastics and commonly found as a liner in cans and bottles, BPA has health risks both known and [...]

Arbitrator Clears Jeremy Piven in Contract Claim

After meeting the with an arbitrator to avoid fees associated with breaching his employment contract to appear in a Broadway musical, Jeremy Piven was vindicated from blame and a potentially-costly payout.  The sushi is still at large. Piven was slated to appear in “Speed-the-Plow” by David Mamet but abruptly left the production two months before it [...]

Whittier v. Kobayashi, No. 08-12998

In an action claiming that defendant-officer violated plaintiff’s son’s Fourth Amendment rights when he entered her home without first knocking and announcing the SWAT team’s presence, a denial of summary judgment based on qualified immunity is reversed where a reasonable officer could have had reasonable suspicion that knocking and announcing his presence would have been [...]

US v. Pliego, No. 08-3288

Defendant’s conviction for producing child pornography is affirmed where: 1) there was sufficient evidence to support the jury’s verdict that defendant produced child pornography; 2) district court did not abuse its discretion in refusing to instruct the jury that knowledge of the victim’s age is an element of section 2251(a); 3) district court did not [...]

Dakaj v. Holder, No. 08-2554

Petition for review of a decision of the Board of Immigration Appeals affirming a denial of Albanian petitioners’ applications for asylum and related relief is granted and BIA’s decision vacated and remanded for reconsideration of the petitioners’ motion to file their brief out-of-time as the Board was required to consider relevant factors that supported petitioners’ [...]

Muro v. Target Corp., No. 08-1256

In plaintiff’s action against retail giant, Target, alleging that it had violated sections 1642 and 1637 of the Truth in Lending Act (TILA), district court’s grant of summary judgment in favor of Target and denial of plaintiff’s motion for class certification of TILA claims is affirmed where: 1) the district court did not clearly err [...]

Pedreira v. Ky. Baptist Homes for Children, No. 08-5538

In an action under the First Amendment and various employment statutes challenging defendant-Baptist Homes for Children’s policy of firing and not hiring gay and lesbian employees, dismissal of the complaint is affirmed in part where the termination of plaintiff based on her sexual orientation did not constitute discrimination on account of religion. However, the ruling [...]

In re Bose Corp., No. 08-1448

The Trademark Trial and Appeal Board’s finding that Bose Corporation (BOSE) committed fraud on the United States Patent and Trademark Office (PTO) in renewing the registration for the trademark WAVE, and its resultant order cancelling the registration entirely, is reversed as there was no substantial evidence that Bose intended to deceive the PTO in the [...]

Arbitrator Clears Jeremy Piven in Contract Claim

After meeting the with an arbitrator to avoid fees associated with breaching his employment contract to appear in a Broadway musical, Jeremy Piven was vindicated from blame and a potentially-costly payout.  The sushi is still at large. Piven was slated to appear in “Speed-the-Plow” by David Mamet but abruptly left the production two months before it [...]