The first challenge to obtaining a waiver, or ascertaining the best way to overcome denial of entry into the United States is figuring out what information the U.S government has on you. The U.S. has a lot of information publicly
Simkin & Associates
Emoji Assent to a Contract (In Saskatchewan🤷♂️ or 💩)
June 8, 2023, the Saskatchewan Court of the King’s Bench, held an emoji can express a contractual agreement between parties. See South West Terminal Ltd. V Achter Land
Once you learn the facts, it is not an outlier case.…
Court Clarifies the New Document Production Requirements §2031.210 — POLLOCK V. SCHUSTER
In a writ of mandate from a Los Angeles Superior Court case, the court clarified that a Code of Civil Procedure §2031.210, a statement of compliance (the written response) for a document demand does NOT to identify the specific request…
Music Played at Work Can Create a Hostile Environment or Sexual Harassment Sharp v. S&S Activewear.
Sharp v. S&S ACTIVEWEAR Music June 7, 2023, D.C. No. 3:20-cv-00654-MMD-CLB See: Sharp v S&S
Constantly playing music in the workplace with sexually derogatory or violent content, can create a hostile or abusive environment and constituting discrimination because of sex.…
USCIS Prostitution Waivers INA §212(h) — No hardship need be shown (nor 15 year wait) required!
Persons inadmissible because they were convicted of (or admit to) engaging in prostitution (See INA §212(a)(2)(D)(i) can use the less burdensome standard for a INA § 212(h) waiver. Technically, the applicant for a waiver only needs to show her admission…
Penal Code §496(c) Can be applied in civil “business tort” case for theft. SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR
In SIRY INVESTMENT, L.P. v. FARKHONDEHPOUR, the Supreme Court resolved a conflict in lower courts by ruling that treble damages and attorney’s fees pursuant to section 496(c) are recoverable in theft-related business tort cases. The Court found it applies so…
Copyright “Fair Use Doctrine” — Explained Plain and Simple MCGUCKEN V. PUB OCEAN LTD. D.C. No. 2:20-cv-01923
Lawyers tend to overlook the simple truth about the four elements “fair use doctrine” under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets out the commonsense aspect of “fair use”. In MCGUCKEN V.…
Arbitration Clauses May Not Be Enforceable Against Poor Plaintiffs! See Aronow v. Superior Court (Emergent)
A trial court that granted a defendant’s petition to compel arbitration has jurisdiction to lift the stay of trial court proceedings where a plaintiff demonstrates financial inability to pay the anticipated arbitration costs; in such a situation, the court may…
School Bullying and Parent Liability
The law provides in part that a minor’s “willful misconduct” causing injury or death to another, or damage to the property of another, “shall be imputed to the parent or guardian having custody and control of the minor” for civil…
Property Managers are not paid for “on call” or “standby” time
Brewer v. Patel (1993) 20 Cal.App.4th 1017 made it clear that “on call” or “stand-by” time or waiting time is not compensable to property managers when they are waiting for a plumber or prospective renter to show up. Brewer v.…