The 9th Circuit Court declares that the Newport Beach ordinance targeted rehab and sober living centers, and violated federal and state laws that protect the rights of people with disabilities.
San Diego attorney Scott McMillan sued Darren Chaker to remove public records about McMillan's being named in a child molestation investigation. The report is contained as an exhibit in San Diego Superior Court Case No. 37-2017-00036344-CU-NP-CTL and can also be seen on this profile.
Nonetheless, Scott McMillan San Diego attorney suffered a miserable loss in San Diego federal court, then appealed the loss to the Ninth Circuit. San Diego attorney Scott McMillan also filed an identical lawsuit in San Diego Superior Court, Case No. 37-2017-00036344-CU-NP-CTL. As expected, the Ninth Circuit found the lawsuit against Darren Chaker was meritless.
Now, San Diego attorney Scott McMillan is facing two anti-SLAPP motions in San Diego Superior Court and of course the inevitable embarrassment of losing his case, which is almost as bad as Scott McMillan having been sued twice recently for fraud and legal malpractice.
Rodriguez 1
Diego Rodriguez
Winston Padgett
Government 2305, Sect. 049
Monday, April 14, 2014
Same Sex Marriage: Constitutional and Cultural Considerations Outline
Same sex marriage - is a highly controversial topic in the United States. It impacts our culture and, in many regards to religious beliefs
I. Why and how the U.S. Supreme Court has issued two important rulings that opened up room in constitutional jurisprudence for consideration of gay rights.
A. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. Do they right to revolt against government tyranny and fight for their rights
B. What states approve of same sex marriage? Which states deny same sex marriage? How has this happen?
II. In this Article, I argue that an individual who marries in her state of domicile and then migrates to a mini-defense of marriage act state has a significant liberty interest under the Fourteenth Amendment's Due Process Clause in the ongoing existence of her marriage.
A. Section 1 ARTICLE IV “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.”
B. Courts generally agreed right applies to individuals
C. Government permitted to limit some rights of marriage by same sex.
D. Questions today center around: What bans our enforced presently on same sex marriage? Should it be mandatory for gays that want marriage neutral principle grounded in core Due Process Clause values: protection of reasonable expectations and of marital and family privacy, respect for established legal and social practices, and rejection of the idea that a state can sever a legal family relationship merely by operation of law?
III. Court cases outcome for gay marriages
A. The article cites a survey on the constitutional amendment banning gay marriage in the U.S. which found that 50% of the American people are in favor of the amendment banning same-sex marriages while 47% strongly opposed.
B. This survey was conducted by Gallup Poll Ltd. conducted on May 8-11, 2006. Findings also revealed that 66% of the Republicans favor the constitutional amendment defining marriage as a heterosexual institution while 55% of the Democrats opposed the amendment.
C. United States v. Windsor, a narrow majority ruled that Section 3 of the Defense of Marriage Act, which comprehensively defined "marriage" and "spouse" in federal law to exclude same-sex partners, was unconstitutional.
D. In Hollingsworth v. Perry, the Court let stand a trial-court ruling invalidating California's Proposition 8, which outlawed same-sex marriage. Will Fourteenth Amendment still not incorporated to protect gay marriage
IV. There have been and there will continue to be disagreements about the merits of same-sex marriage. But disagree ...
Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
Expungement in California: 5 Reasons to Do it NowGeorge A. White
Although the benefits of expunging an old conviction may seem obvious, many people eligible for expungement don’t do it. Here is a look at 5 reasons why anyone eligible for expungement in California should do it now.
Sabrina Winston - Same-Sex Marriage Thesis PresentationChavez Schools
Sabrina Winston is a senior graduating from Chavez Capitol Hill High School. She is a member of the Chavez “We the People” debate team that took 1st place in the school-wide competition and 2nd place in the district competition. Sabrina’s has gained work experience with organizations such as Metro Teen aids and the D.C. Department of Public Works. Miss Winston is interested in pursuing an undergraduate degree in political science and will be attending Potomac State College in the fall.
This presentation looks at the different standards of care applied to collisions between people on a ski slope. Some states apply a negligence standard, some a reckless standard and some say the participants assume the risk of their injury in the sport.
The 9th Circuit Court declares that the Newport Beach ordinance targeted rehab and sober living centers, and violated federal and state laws that protect the rights of people with disabilities.
San Diego attorney Scott McMillan sued Darren Chaker to remove public records about McMillan's being named in a child molestation investigation. The report is contained as an exhibit in San Diego Superior Court Case No. 37-2017-00036344-CU-NP-CTL and can also be seen on this profile.
Nonetheless, Scott McMillan San Diego attorney suffered a miserable loss in San Diego federal court, then appealed the loss to the Ninth Circuit. San Diego attorney Scott McMillan also filed an identical lawsuit in San Diego Superior Court, Case No. 37-2017-00036344-CU-NP-CTL. As expected, the Ninth Circuit found the lawsuit against Darren Chaker was meritless.
Now, San Diego attorney Scott McMillan is facing two anti-SLAPP motions in San Diego Superior Court and of course the inevitable embarrassment of losing his case, which is almost as bad as Scott McMillan having been sued twice recently for fraud and legal malpractice.
Rodriguez 1
Diego Rodriguez
Winston Padgett
Government 2305, Sect. 049
Monday, April 14, 2014
Same Sex Marriage: Constitutional and Cultural Considerations Outline
Same sex marriage - is a highly controversial topic in the United States. It impacts our culture and, in many regards to religious beliefs
I. Why and how the U.S. Supreme Court has issued two important rulings that opened up room in constitutional jurisprudence for consideration of gay rights.
A. Yet the vast majority of other states have adopted statutes or constitutional amendments banning same-sex marriage. Do they right to revolt against government tyranny and fight for their rights
B. What states approve of same sex marriage? Which states deny same sex marriage? How has this happen?
II. In this Article, I argue that an individual who marries in her state of domicile and then migrates to a mini-defense of marriage act state has a significant liberty interest under the Fourteenth Amendment's Due Process Clause in the ongoing existence of her marriage.
A. Section 1 ARTICLE IV “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.”
B. Courts generally agreed right applies to individuals
C. Government permitted to limit some rights of marriage by same sex.
D. Questions today center around: What bans our enforced presently on same sex marriage? Should it be mandatory for gays that want marriage neutral principle grounded in core Due Process Clause values: protection of reasonable expectations and of marital and family privacy, respect for established legal and social practices, and rejection of the idea that a state can sever a legal family relationship merely by operation of law?
III. Court cases outcome for gay marriages
A. The article cites a survey on the constitutional amendment banning gay marriage in the U.S. which found that 50% of the American people are in favor of the amendment banning same-sex marriages while 47% strongly opposed.
B. This survey was conducted by Gallup Poll Ltd. conducted on May 8-11, 2006. Findings also revealed that 66% of the Republicans favor the constitutional amendment defining marriage as a heterosexual institution while 55% of the Democrats opposed the amendment.
C. United States v. Windsor, a narrow majority ruled that Section 3 of the Defense of Marriage Act, which comprehensively defined "marriage" and "spouse" in federal law to exclude same-sex partners, was unconstitutional.
D. In Hollingsworth v. Perry, the Court let stand a trial-court ruling invalidating California's Proposition 8, which outlawed same-sex marriage. Will Fourteenth Amendment still not incorporated to protect gay marriage
IV. There have been and there will continue to be disagreements about the merits of same-sex marriage. But disagree ...
Presentation on the probable disparate impact of judicial records systems on the rental housing opportunities of African-American women with children. Given at 2011 Access to Justice Conference in Kennewick, Wash.
Expungement in California: 5 Reasons to Do it NowGeorge A. White
Although the benefits of expunging an old conviction may seem obvious, many people eligible for expungement don’t do it. Here is a look at 5 reasons why anyone eligible for expungement in California should do it now.
Sabrina Winston - Same-Sex Marriage Thesis PresentationChavez Schools
Sabrina Winston is a senior graduating from Chavez Capitol Hill High School. She is a member of the Chavez “We the People” debate team that took 1st place in the school-wide competition and 2nd place in the district competition. Sabrina’s has gained work experience with organizations such as Metro Teen aids and the D.C. Department of Public Works. Miss Winston is interested in pursuing an undergraduate degree in political science and will be attending Potomac State College in the fall.
This presentation looks at the different standards of care applied to collisions between people on a ski slope. Some states apply a negligence standard, some a reckless standard and some say the participants assume the risk of their injury in the sport.
Rocky Mountain Lift Association 2009: Risk Management: Understanding the Big ...James H. (Jim) Moss, JD
Presentation at the 2009 Rocky Mountain Lift Association 2009: Risk Management: Understanding the Big Picture and Conveying it to Your Staff will Mitigate Exposure
Presentation on the application of state and federal volunteer immunity acts give at the 2015 Sport and Recreation Law Association
Merry L. Moiseichik co-presenter
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
5. We Found 4 Definitions for Gross
Negligence
1. Want of Scant Care
2. Equal to Willful and Wanton
3. Halfway between Negligence and Willful and
wanton
4. No Difference: Ordinary, Gross or Willful and
Wanton
6. California
…want of even scant care or an
extreme departure from the ordinary
standard of conduct.
City of Santa Barbara et al., v. The Superior Court
of Santa Barbara County, 135 Cal. App. 4th 1345;
38 Cal. Rptr. 3d 434; 2006 Cal. App. LEXIS 84;
2006 Cal. Daily Op. Service 775; 2006 Daily
Journal DAR 1075
7. Kentucky
Under Kentucky law, "wilful and wanton negligence"
is "substantially the equivalent of 'gross
negligence'
Dones v. Super Service Inc. 2006 Ky. App. Unpub.
LEXIS 389 (Ky. App. 2006)
8. New Jersey
Gross negligence is defined as
"conduct that comes somewhere
between 'simple' negligence and the
intentional infliction of harm, or, 'willful
misconduct.
Steinberg v. Oasis, 2014 N.J. Super.
Unpub. LEXIS 2594,
9. New Hampshire
New Hampshire law does not distinguish
causes of action based on ordinary
and gross negligence. "[T]he doctrine
of definitive degrees of negligence is not
recognized as a part of our common law.
Barnes v. New Hampshire Karting
Association. 509 A.2d 151 (N.H. 1986)
10. 44
Definitions of Gross Negligence
No levels
Want of Even Scant Care
Willful & Wanton Negligence
Between Ordinary & Willful &
Wanton
12. Heiman v. Mayfield, 686 S.E. 2d 284 (Ga.
App. 2009)
Exculpatory clauses in which a business relieves
itself from its own negligence are valid and binding
in this State and are not void as against public
policy unless they purport to relieve
liability for acts of gross negligence
or willful or wanton conduct.
13. Hawaii
…to allow an exculpatory clause to
extend to gross negligence would
violate the public interest, rendering
the clause void.
Courbat v. Dahana Ranch., 141 P 3d
427 (Haw. 2006)
17. Claims for Gross Negligence
In some states where is no difference
between a claim for ordinary
negligence or greater than ordinary
negligence
Effectively in those states then, a
release stops a claim for Gross
Negligence
19. States were a release does not stop a Claim for
Gross Negligence
are in Green
3 States
allow a
release to
stop a claim
for Gross
Negligence
20. Kentucky
The Sixth Circuit has held that, under
Kentucky law, an agreement releasing
a race track owner from liability only
bars claims for ordinary or gross
negligence, and not for wanton or
willful negligence.
Cahill v. Earlywine Racing, 2008 Ky.
App. Unpub. LEXIS 590 (Ky. App.
2008)
21. 6th Circuit Court of Appeals
Under Kentucky law, one party to a
contract may agree to release the other
from liability for ordinary or gross
negligence.
Donegan, v. Beech Bend Raceway
Park, Inc., 894 F.2d 205; 1990 U.S.
App. LEXIS 735
24. Every Case
Release was signed for a
motorized race
All were either racers or
spectators at an event
25. No other Cases have been Found
We found no other cases in
any other state or for any other
sport or activity were a release
was used to stop a claim for
gross negligence