Attorneys Melissa Ballard and Krista Jee were poised to defend the City of West Covina at trial in an injunctive relief case under the Telecommunications Act of 1996 when the plaintiff mobile phone carrier abruptly offered to dismiss the case with prejudice the afternoon before trial was set to commence in the United States District Court. The Jones Mayer team previously prevailed on partial summary judgment against the plaintiff, leaving only one count remaining for trial. This was a great victory for the city, after the court had already found on summary judgment that the city had properly denied the plaintiff’s application for a conditional use permit to install a 60-foot tower in a residential zone.
Vol. 40 No. 16 OFFICER’S USE OF LESS-LETHAL FORCE THAT SERIOUSLY INJURED BYSTANDER FILMING NEAR A PROTESTING CROWD NOT UNREASONABLE GIVEN THAT PROTESTERS OBJECTIVELY POSED AN IMMEDIATE THREAT TO THE SAFETY OF OFFICERS, CITIZENS, AND PROPERTY
The Ninth Circuit Court of Appeals held in Cheairs v.