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Today is All Saints Day or All Hallows, a holy day of obligation for some. To others, it’s just the day after Halloween — a day they leave behind was once merely All Hallows Eve. Some spend All Hallows recovering from the revelry of the night before, and some are still on the streets in the wee hours of the holy day. Our Case of the Week examines once such alleged citizen on the streets and the unfortunate lesson she learned about differing standards of legal review in a California appellate decision transferred down last week.

Despite Ms. Diaz’s testimony and police testimony citing various Columbus Street gang activities including murder, assaults, car theft, and narcotics distribution, the jury deadlocked, and it’s vote was 10-2 in favor of acquitting Ms. Bongiovanni. The court announced a mistrial and thus granted prosecutors’ movability to dismiss the charges pursuant to California Penal Code section 1385.

Those readers who liked — or perhaps didn’t love — this writer’s On Trial column in The National Law Journal may reminisce the saga of Dave the Dwarf. He fought to save the Constitution. while saving his livelihood in dwarf throwing.

Once the gentleman from Fresh York’s Ninth Congressional District resigned his House seat for exposing his wiener, you may have thought you would be finished with bad wiener jokes for a while. You would be wrong.

Have you ever had a neighbor who cooked food they may have found tasty and delicious, but that emanated aromas reminiscent of aged Roquefort cheese and dirty baby diapers left in a garbage can in the hot sun? It would be most annoying, but would it be unlawful? Would the pungent aromas be trespassing onto your property?

“Nothing in our Wendinger analysis indicates that we intended the term particulate matter to define a unique category of physical substances that can never constitute a trespass,” the court said. Basically, the court held pesticides are not pig fumes.

How significant is protecting Celine Dion?

The woman may need some protection.

David Horrigan is an attorney, journalist, analyst at The four hundred fifty one Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The Fresh York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected]

People are injured in Americas stores, streets, and subways all the time, making private injury law a big business. Its also one of the most contentious. Some cases may seem effortless, but what if youre injured after being chased down a supermarket aisle by a charging dog possessed by a store employee? Should the store be liable? Two Mississippi courts disagreed recently. Of course, it helps if you know something about the dog.

What does it truly take to slander or libel someone? The law of defamation can be complicated, but a Fresh York state court recently attempted to sort out this weighty issue: What is a “dirtbag,” and is the term defamatory?

David Horrigan is an attorney, journalist, analyst at The four hundred fifty one Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The Fresh York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected]

Read more at the Washington Examiner: http://washingtonexaminer.com/opinion/op-eds/2011/06/defamers-guide-dirtbag-v-dirtbag#ixzz1Qfc82pzX

David Horrigan is an attorney, journalist, analyst at The four hundred fifty one Group, editorial director at Courtweek.com, and former staff reporter and assistant editor at The National Law Journal. His articles have appeared also in The Washington Examiner, Law Technology News, The American Lawyer, The Fresh York Law Journal, The San Francisco Examiner, Corporate Counsel, Texas Lawyer, Florida Lawyer, and Daily Business Review. E-Mail: [email protected]

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/06/law-bees-and-buds#ixzz1OXOJfS6k

Fourth Amendment protections and permit the cops to haul your posterior end to jail. As a public service to help our readers remain free from restrain bondage, we will, from time to time, present our Case of the Week: Fourth Amendment Follies edition.

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-rambo-and-air-fresheners#ixzz1Nvzi9iNp

Have you ever been sitting in a hotel room, staring at a room service bill, attempting to determine whether the service charge added to your bill is the peak? And let’s not even get commenced with deciphering the cryptic hieroglyphics known as the cable bill.

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/05/law-bongs-and-baggies-fourth-amendment-searches-probable-cause-miranda-marijuana#ixzz1MKivXiVW

David Broder, Edward R. Murrow, William F. Buckley Jr., Walter Cronkite, and now Bait Car?

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-bait-car-journalism#ixzz1LCFs9nEy

“Nothing in the creative elements of the Band Hero elevates the depictions of No Doubt to something more than conventional, more or less fungible, pictures of its members that No Doubt should have the right to control and exploit. Thus, the trial court did not err in denying Activision’s mobility to strike the right of publicity claim based on Activision’s assertion of a Very first Amendment defense,” Judge Thomas Willhite Jr., wrote for the court,

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-gwen-stefani-avatars-band-hero-No-Doubt-v-Activision-Publ-Inc#ixzz1KUS9gVwH

Trademarks and the legal disputes involving them may be the most entertaining area of intellectual property law, and a latest Pennsylvania federal court case illustrates just how entertaining trademark fights can be. You might think this fight over the name, “Pint,” was a beer dispute. You would be wrong.

This week’s Case of the Week examines what happens when two urinal manufactures get into a legal dispute over the names of their products.

Read more at the Washington Examiner: http://washingtonexaminer.com/blogs/opinion-zone/2011/04/law-urinal-trademarks#ixzz1K9cmh600

Emotional injuries and related damages may be one of the most contentious areas of the law, especially when — as in thisweek’s Case of the Week — that emotional injury is based on an employer’s forcing a worker to wear a chicken head mask in order to get medical benefits. Yes, this week, we go to Massachusetts to bring you the law of chicken head damages.

For our April Fools’ Day edition of the Case of the Week, we visit the California Court of Appeal, which supplies us with a case touching on constitutional law, contracts, defamation, and, of course, the law of April Fools’ jokes. Not remarkably, our case involves Sasha Baron Cohen, known popularly as Borat and Ali G.

Its been a harsh week for the Very first Amendment and labor unions, but perhaps not for puppies.

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