Decided - The FindLaw Noteworthy Decisions and Settlements Blog

August 2017 Archives

Last November, Californians passed on the opportunity to abolish the death penalty in Golden State, and instead voted in favor a measure meant to expedite executions. Proposition 66, referred to as a measure to "mend not end" capital punishment in the state, ostensibly set a five-year deadline on court appeals from death row inmates.

One such inmate challenged the law, saying in part, that it violates the separation of powers doctrine by interfering with the courts' discretion and ability to hear and resolve capital appeals and habeas corpus petitions. But the California Supreme Court today upheld the new provisions, relying on the interpretation that the deadline is "directive rather than mandatory."

Amid controversies over sexual harassment, data security, and an ousted CEO, Uber scored one legal victory last week. The Second Court of Appeals for the Southern District of New York ruled that clicking Uber's "Register" button means consenting to a forced arbitration clause in its terms of service, meaning that customer disputes must be resolved in arbitration, rather than in court.

Spencer Meyer had sued the company over its "surge" pricing feature, but may not be able to get the case in front of a jury.

Shakespeare was wrong. A rose by any other name might still smell as sweet, unless that name is pink slime. Then, there's a good chance consumers would never know what it smells like because no one smells pink slime.

Do you remember the news reports about "pink slime" that made the local news circuit back in 2012? How could anyone forget right? Finding out that over half the nation's ground beef contained pink slime was eye opening. But the phrase pink slime didn't win any friends over at Beef Products Inc. who were the ones skewered by the report. Instead, it led to the company hiring some lawyers, filing suit, and winning a sizable settlement from Disney and ABC news.

Theranos Settles Walgreens Case

The epic legal saga surrounding Theranos has come closer to reaching a final conclusion as the company announced a settlement between it and Walgreens. Walgreens was among Theranos's largest partners. Their case sought to get back the $140 million that was agreed to as part of the joint venture.

Theranos is a blood testing company that promised to revolutionize the industry with their one drop blood tests. Basically, it promised to do what is currently not possible: perform a myriad of the standard blood tests using only a single drop. Unfortunately, the company was unable to deliver on its futuristic promises, leaving its business partners justifiably upset.