Entries by Crysta Dwyer

“DIET COKE” MISLEADING BECAUSE IT DOES NOT PROMOTE WEIGHT LOSS

            An interesting class action lawsuit, filed in the Federal District Court, claims that by marketing its soft drink “Diet Coke,” the Coca-Cola Company violates New York State law because drinking Diet Coke does not cause weight loss, in fact there is evidence it causes weight gain. THE MARKETING OF “DIET COKE”             The lawsuit […]

Mars Bars Made By Child/Slave Labor?

            Robert Hodsdon purchased chocolate products made by the Mars company. Of course, we know the Mars company makes Mars Bars, Milky Ways, M&M’s, Skittles, Snickers and Twix. My personal favorite is Snickers. My daughter Kelsey’s turtle is named Skittles.  Hodsdon didn’t buy the candy because he liked chocolate; he purchased because he wanted to […]

TRIP AND FALL ON SIDEWALK – SUE?

            Trip and falls are the bread and butter for some law firms. Our office handles plenty, but I wouldn’t call it our bread and butter or even our bread. LAWSUIT OVER UNEVEN SIDEWALK             Charles Huckey sued the City of Temecula for injures he suffered from tripping and falling on what he described as […]

“BIKINI BARISTAS” SERVING…COFFEE

            If you think Starbucks is a friendly coffee-serving business establishment, consider Hillbilly Hotties, a bikini barista drive through kiosk in Everett, Washington. HILLBILLY HOTTIE’S BIKINI BARISTAS             Hillbilly Hotties is a popular bikini barista stand in Everett where customers drive through to purchase coffee and other non-alcoholic beverages. Would I kid you?             The […]

MURDER-FOR-HIRE (AND PORTER’S MURDER CASE)

            We don’t get many murder-for-hire cases to analyze in the Law Review, so when I found one out of Southern California, I pounced on it. PORTER’S MURDER CASE             Allow me to digress. Ravn Whitington in our office skillfully handles our criminal law matters, but in the old days I practiced criminal defense law. […]

LED ZEPPLIN’S “STAIRWAY TO HEAVEN” STOLEN FROM BAND SPIRIT?

SPIRIT             Randy Wolfe, nicknamed Randy California by Jimi Hendrix, was a musician and a member of the band Spirit. He wrote the song “Taurus” in 1966. Spirit’s first album Spirit – which included “Taurus” – was released in late 1967, Randy Wolfe was listed as author on the copyright registration. LED ZEPPLIN             Led […]

CALIFORNIA’S DRAM SHOP LIQUOR LAWS

            If a bartender or social host (you at home) serve alcohol (maybe too much) to someone – could be a minor – and the drinker causes an accident, maybe a death, are you or the bartender liable?  DRAM SHOP LAWS             Most states like California have “Dram Shop” laws imposing liability or providing immunity […]

SCHOOL IMMUNE FROM LIABILITY DURING FIELD TRIP INJURY?

            Field trips and excursions are an important part of school life. As such our Legislature has passed laws giving immunity to school districts for injuries or accidents that occur during elementary or school district field trips per Education Code section 35330 (college level immunity per section 55220 of the Code of Regulations). Having volunteered […]

RIGHTS AND DUTIES OF EASEMENT OWNERS – FOR DUMMIES

            As a real estate lawyer, I am asked at least once a week about the rights and obligations of easement holders. If property owner A has an access easement and road over B’s land, may B install a gate? If A and B share a driveway or parking area, who can use and who […]

CYCLING SEASON SAFETY: SHARE THE ROAD, SHARE THE RESPONSIBILITY

Bike season is in full gear in Truckee-Tahoe and here at Porter Simon we have been riding to work, competing in local races (see Truckee Dirt Fondo, Tour de Manure and Lost and Found Gravel Grinder) and generally logging time in the saddle on the area’s endless miles of single track, double track, roadways, streets […]