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City of Hesperia v. Lake Arrowhead Comm. Serv. Dist

(California Court of Appeal) - Affirmed. Plaintiff sued to prevent Defendant from violating city zoning laws to construct a solar energy project. Defendant claimed an exemption under Gov. Code, section 53091 and 53096. Court found that exemption does not apply and that there was no finding that no feasible alternative was available.




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City of Oroville v. Superior Court

(Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve.




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Abbott Laboratories v. The Superior Court of Orange County

(California Court of Appeal) - Granting a petition for writ of mandate in a case where a group of pharmaceutical companies had been sued by the District Attorney under California's Unfair Competition Law for allegations that they had engaged in a scheme to keep generic versions of a prescription drug off the market, but the suit was based on conduct outside of the county where the DA served and allowing them to proceed with the suit without written consent would permit the DA to usurp the Attorney General's statewide authority and impermissibly bind other DAs, precluding them from pursuing their own relief.



  • Drugs & Biotech
  • Consumer Protection Law
  • Criminal Law & Procedure

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Kohler Co. v. Superior Court (Park-Kim)

(California Court of Appeal) - Held that homeowners could not bring a class action asserting a claim under California's Right to Repair Act against the manufacturer of an allegedly defective plumbing fixture used in the construction of their homes. The Act does not permit class actions of this type. Granted the defendant's writ petition.



  • Consumer Protection Law
  • Class Actions
  • Property Law & Real Estate

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Gardner v. Superior Court (the People)

(Supreme Court of California) - Held that an indigent defendant facing misdemeanor charges was constitutionally entitled to the help of appointed counsel on the prosecution's appeal. She had successfully moved to suppress evidence related to driving under the influence. The California Supreme Court agreed with her that she had the right to appointed counsel on the prosecution's appeal of the suppression order.



  • Criminal Law & Procedure

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Satele v. Superior Court

(Supreme Court of California) - Vacate order and remand. The trial court denied Plaintiff access to ballistics evidence used at his trial to file a habeas corpus petition. The trial court believed that Penal Code section 1054.9 prohibited such a release of evidence. The Supreme court disagreed stating that section 1054.9 referred to physical evidence held by the prosecutor, not evidence held by the court.




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City of Oroville v. Superior Court

(Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve.




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Assn. for L.A. Deputy Sheriffs v. Superior Court

(Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file.




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Ryze Claim Solutions LLC v. Superior Court (Nedd)

(California Court of Appeal) - Held that an employer was entitled to enforce an employment contract's forum selection clause that required any lawsuits to be brought in Indiana. Granted writ relief to prevent an employee from proceeding with a wrongful-termination lawsuit in a California court.




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Kohler Co. v. Superior Court (Park-Kim)

(California Court of Appeal) - Held that homeowners could not bring a class action asserting a claim under California's Right to Repair Act against the manufacturer of an allegedly defective plumbing fixture used in the construction of their homes. The Act does not permit class actions of this type. Granted the defendant's writ petition.



  • Consumer Protection Law
  • Class Actions
  • Property Law & Real Estate

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Melito v. Experian Marketing Solutions, Inc.

(United States Second Circuit) - Held that recipients of unsolicited spam text messages had legal standing to bring a lawsuit against the company that sent them. Affirmed a ruling in a class action suit under the federal Telephone Consumer Protection Act.




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Trinity Warner v. Experian Information Solutions

(United States Ninth Circuit) - Affirmed Defendant’s summary judgment against Plaintiff, holding that the Fair Credit Reporting Act did not require Defendant to initiate a reinvestigation of incorrect credit report items because Plaintiff did not directly notify Defendant of disputed items.




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Mitchell v. Superintendent Dallas SCI

(United States Third Circuit) - Affirmed the denial of habeas corpus relief to a state prisoner who claimed that his rights under the Confrontation Clause of the Sixth Amendment were infringed. The prisoner objected to the fact that jailhouse informants testified at trial about their conversations with his co-defendant, and he could not cross-examine his co-defendant regarding the statements. Rejecting his argument, the Third Circuit concluded that there was no violation of his Confrontation Clause rights that would justify habeas relief, regardless of differences between the law in effect at the time of his trial and current law.




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Preston v. Superintendent Graterford SCI

(United States Third Circuit) - Affirmed the denial of habeas relief to a defendant who alleged violation of his Confrontation Clause rights. The defendant, who was convicted of third-degree murder, challenged the use of prior statements of a witness who refused to answer any substantive questions on cross-examination. While agreeing that the defendant's rights were violated, the Third Circuit concluded that his Confrontation Clause claim was procedurally defaulted and there was no cause to excuse the default here.




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Workman v. Superintendent Albion SCI

(United States Third Circuit) - Remanded with instructions to grant a conditional writ of habeas corpus. The defendant, who was convicted of first-degree murder, contended that his trial counsel provided ineffective assistance by advising him incorrectly that he could not be convicted of murder, which led the defendant to reject a plea deal. Agreeing that trial counsel provided ineffective assistance, the Third Circuit reversed the denial of habeas relief and remanded.






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Lift Every Voice: BET Experience Contest



Enter for a chance to win two VIP gold packages for BETX'15!



  • Lift Every Voice

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Boyz II Men’s Shawn Stockman On His Worst Singing Experience



Shawn revisited his favorite moments from his career.




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BET Experience: Sprite Way Unplugged Featuring Bino, Pt. 1



Bino might not be from Dallas, but they love each other.




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Queen Naija Makes Her Return to the BET Experience



Queen Naija is ready for the 2019 BET Experience.




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BET Experience - DJ Hed Presents Kicksperience



Fans loved the music, samples and fun of Kicksperience.







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BET Experience - Fashion Highlights



From the future of fashion to vintage 90s pieces, check out the hottest moments from the BET Experience runways.




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BET Experience: Uoma Beauty at the House of Fashion & Beauty



Uoma Beauty caters to a variety of skin tones.




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BET Experience - BLX: Kiana Lede Is at the BET Awards



Kiana Lede chats about performing at the BET Awards.




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BET Experience: Bar Stories with N.O.R.E. Featuring Casanova



Casanova sits down with N.O.R.E. at the BET Experience.




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Best Moments from BET Experience's World of Dance



Dancers from all age groups showcase next-level type moves.




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LouGotCash and DJ Self Perform at the BET Experience



The artists perform at the BET Experience.




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The 2017 BET Experience: Weekend Recap



Consider yourself a VIP at the 2017 BET Experience.




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All The Best Moments From Thursday Night At BET Experience



Performances by LL Cool J, Ludacris, Ne-Yo and more!




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The BET Experience Main Stage Remains A Point Of Ascension



The only way to go from the Main Stage, is up.




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BET Announces Headliners for BET Experience 2019



THIS YEAR WILL FEATURE SOME OF TODAY’S HOTTEST ARTISTS




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Mary J Blige, H.E.R. And More Added To BET Experience Lineup



Oh it's ladies night.




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BET Experience: Sprite Way Unplugged Featuring Bino, Pt. 1



Bino might not be from Dallas, but they love each other.





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BET Experience x Coca-Cola Highlights



Highlights from the BET Experience at the STAPLES Center.




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BET Experience: Sprite Kicksperience



See your favorite sneakerheads talking about their passion.





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Queen Naija Makes Her Return to the BET Experience



Queen Naija is ready for the 2019 BET Experience.




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BET Experience: STAPLES Center Concert



Relive the performances from the STAPLES Center Concert.




peri

BET Experience - DJ Hed Presents Kicksperience



Fans loved the music, samples and fun of Kicksperience.







peri

BET Experience - Fashion Highlights



From the future of fashion to vintage 90s pieces, check out the hottest moments from the BET Experience runways.




peri

BET Experience: Uoma Beauty at the House of Fashion & Beauty



Uoma Beauty caters to a variety of skin tones.




peri

BET Experience - BLX: Kiana Lede Is at the BET Awards



Kiana Lede chats about performing at the BET Awards.