Case Summaries
Administrative Law
Bankruptcy Law
Civil Procedure
Civil Rights
Commercial Law
Consumer Protection
Contracts
Corporation & Enterprise Law
Dispute Resolution & Arbitration
Family Law
Health Law
Labor & Employment Law
Probate Trusts
Trade Dress
Trade Secrets
Uniform Commercial Code
Workers' Comp
Administrative Law
[03/15]
Woodward v. Dep't of Justice
In petitioner's claim seeking death benefits for the death of her husband-volunteer firefighter under the Public Safety Officers' Benefits Act, BJA's denial of the claim based on the conclusion that smoke inhalation was not a substantial factor in the death of her husband is reversed and remanded as an amended regulation (first applied midway through the agency proceedings) changed the burden of proof from a lenient standard resolving any reasonable doubt in favor of the claimant to the more stringent standard requiring that a claimant prove all material issues of fact by a "more likely than not" standard, which is a significant change in the law that disfavors retroactive application of the amended regulation.
[03/11]
Villa-Londono v. Holder
A Colombian National's request for review BIA's denial of her applications for withholding of removal and related relief is denied as the IJ's adverse credibility determination is supported by specific and persuasive findings. Moreover, with the petitioner's testimony discredited, there is very little evidence in the record to support petitioner's asylum claim.
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Bankruptcy Law
[03/12]
In Re: Kirkland
District court's determination that the bankruptcy court had jurisdiction to determine the post-petition interest and collection costs to which the creditor was entitled as the result of a default on a student loan that occurred after the Chapter 13 estate was closed and the debtor discharged is reversed as the district court erred in concluding that the bankruptcy court had subject matter jurisdiction over the issues.
[03/10]
In Re: Am. Bridge Prods., Inc.
In a bankruptcy trustee's action against an appointed receiver for misfeasance, judgment of the district court finding that plaintiff's claim is barred by the statute of limitations is vacated and remanded as the receiver had not rendered a final accounting or been discharged in either state or federal court.
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Civil Procedure
[03/15]
Service Employees Int'l Union v. Nat'l Union of Healthcare Workers
In an action by a parent and local affiliate union seeking injunctive relief to obtain restoration of properties it alleged were illegally taken by the former officers and leaders of the local union, who formed a rival union, the district court's grant of a temporary restraining order (TRO) is affirmed where: 1) the TRO was an appealable order and thus the court of appeals had jurisdiction to review it; 2) in its subsequent preliminary injunction, the district court explicitly preserved a portion of the TRO as still effective after issuance of the injunction, so the appeal was not moot; and 3) the district court's jurisdiction was proper under 29 U.S.C. section 185(a) because providing a federal forum for injunctive relief against the former officers and leaders of the union promoted the stability of the parent-local relationship and the representation of rank-and-file members.
[03/11]
Cent. Concrete Supply Co. Inc. v. Bursak
In plaintiff's suit against an attorney claiming that he conspired with his client to defraud plaintiff, grant of plaintiff's leave to amend in response to the attorney's successful challenge that the complaint failed to allege compliance with the prefiling requirement under Civ Code section 1714.10(a) is affirmed as, in appropriate circumstances, a trial court may permit an amendment of the complaint after sustaining a demurrer based on section 1714.10.
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Civil Rights
[03/12]
Morton v. Hall
In a 42 U.S.C. section 1983 action alleging that prison officials' deliberate indifference contributed to a violent assault on plaintiff by inmates, dismissal of the complaint for failure to exhaust administrative remedies is affirmed where the grievance filed by plaintiff was insufficient to put prison officials on notice of plaintiff's complaint that prison-staff conduct contributed to his assault.
[03/12]
Stockwell v. City of Harvey
In white firefighters' suit against a city claiming that it failed to promote them within its fire department because of their race, summary judgment in favor of the city is affirmed where: 1) the city, through its fire chief, has set forth legitimate, nondiscriminatory reasons for declining to promote the plaintiffs to deputy and/or assistant chief; and 2) plaintiffs failed to produce sufficient evidence to create a genuine issue of fact regarding whether the reasons were pretextual.
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Commercial Law
[03/15]
Kim v. Carter's Inc.
In plaintiffs' suit against a children's clothing retailer for damages under Illinois contract and consumer protection law, claiming they were victims of deceptive pricing, dismissal of the complaint is affirmed where: 1) with respect to plaintiffs' breach of contract claim, defendant has fulfilled its obligations under the straightforward, everyday sales contract described in the complaint; and 2) plaintiffs' allegations fail to establish the actual damages element of their Illinois Consumer Fraud and Deceptive Business Practice Act (ICFA) claim.
[03/11]
Coyote Publishing, Inc. v. Miller
In a facial First Amendment challenge to restrictions on advertising by legal brothels, summary judgment for plaintiffs is reversed where the advertising restrictions targeted pure commercial speech, and there were strong reasons why the sale of sexual services, in particular, ought to be treated differently than other advertising bans on "vice" activities.
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Consumer Protection
[03/15]
Kim v. Carter's Inc.
In plaintiffs' suit against a children's clothing retailer for damages under Illinois contract and consumer protection law, claiming they were victims of deceptive pricing, dismissal of the complaint is affirmed where: 1) with respect to plaintiffs' breach of contract claim, defendant has fulfilled its obligations under the straightforward, everyday sales contract described in the complaint; and 2) plaintiffs' allegations fail to establish the actual damages element of their Illinois Consumer Fraud and Deceptive Business Practice Act (ICFA) claim.
[03/10]
Hesse v. Sprint Corp.
In a class action alleging that defendant Sprint Corp. unlawfully collected a Washington state tax from Washington customers, summary judgment for defendant is vacated and remanded where a prior class action settlement challenged Sprint's billing of customers for certain federal regulatory fees, and the Washington plaintiffs' interests were not adequately represented in that litigation.
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Contracts
[03/15]
Kim v. Carter's Inc.
In plaintiffs' suit against a children's clothing retailer for damages under Illinois contract and consumer protection law, claiming they were victims of deceptive pricing, dismissal of the complaint is affirmed where: 1) with respect to plaintiffs' breach of contract claim, defendant has fulfilled its obligations under the straightforward, everyday sales contract described in the complaint; and 2) plaintiffs' allegations fail to establish the actual damages element of their Illinois Consumer Fraud and Deceptive Business Practice Act (ICFA) claim.
[03/15]
N.Y. Marine & Gen. Ins. Co. v. Lafarge N. Am., Inc.
In an action by a barge operator against an insurer for defense costs associated with Hurricane Katrina-related damages, the district court's order (1) dismissing all causes of action brought against defendant, (2) granting plaintiff the fees and expenses of two of the three law firms it retained to defend Katrina-related actions, and (3) denying plaintiff's motion to transfer and its application for attorneys' fees, is affirmed in part where: 1) the locus of operative facts as well as the interests of efficiency and fairness favored a New York forum; 2) the term "otherwise" in the insurance policy did not include the kind of relationship associated with a shipowner's bailment to a terminal operator, which was at issue in this case; 3) plaintiff did not have a right to pursue independent counsel to defend the Katrina actions whose legal fees would be covered by the primary policy; 4) because summary judgment in favor of defendant was warranted based on the simple non-coverage of the barge under the policy, and because there was no dispute that the primary policy had been exhausted, the excess policy applied to cover expenses in excess of the primary policy's limits. However, the order is vacated in part where coverage for fees earned by both counsel, either as excess to defendant's primary policy or as initial coverage for plaintiff's independent counsel, was intended pursuant to the umbrella coverage provided by the excess policy.
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Corporation & Enterprise Law
[03/15]
Service Employees Int'l Union v. Nat'l Union of Healthcare Workers
In an action by a parent and local affiliate union seeking injunctive relief to obtain restoration of properties it alleged were illegally taken by the former officers and leaders of the local union, who formed a rival union, the district court's grant of a temporary restraining order (TRO) is affirmed where: 1) the TRO was an appealable order and thus the court of appeals had jurisdiction to review it; 2) in its subsequent preliminary injunction, the district court explicitly preserved a portion of the TRO as still effective after issuance of the injunction, so the appeal was not moot; and 3) the district court's jurisdiction was proper under 29 U.S.C. section 185(a) because providing a federal forum for injunctive relief against the former officers and leaders of the union promoted the stability of the parent-local relationship and the representation of rank-and-file members.
[03/10]
Sec. & Exch. Comm'n v. Tambone
In SEC's action against executives of a registered broker-dealer for allegedly allowing certain preferred customers to engage in market timing, district court's dismissal of the SEC's Rule 10b-5(b) claim is affirmed as the SEC's expansive interpretation of "make" as used in Rule 10b-5(b) is inconsistent with the text of the rule and with the ordinary meanings of the phrase "to make a statement," inconsistent with the structure of the rule and relevant statutes, and in considerable tension with Supreme Court precedent. (En Banc opinion)
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Dispute Resolution & Arbitration
[03/10]
Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd.
In an appeal from a district court's order granting plaintiff's motion for a preliminary injunction and enjoining defendant from proceeding with an arbitration initiated against plaintiff before the Financial Industry Regulatory Authority, the order is affirmed where the "serious questions" standard for assessing a movant's likelihood of success on the merits remains valid in the wake of recent Supreme Court cases, and neither the district court's assessment of the facts nor its application of the law supported a finding of abuse of discretion.
[03/09]
Kuhn Constr. Co. v. Diamond State Port Corp.
In an action to enjoin an arbitration initiated by defendant based on a referee clause in the agreement between the parties, grant of defendant's motions to dismiss the complaint and compel arbitration is reversed where the referee clause, on these facts, did not clearly require arbitration.
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Family Law
[03/11]
Schaar v. Lehigh Valley Health Servs., Inc.
In plaintiff's suit against her former employer for violation of the FMLA, summary judgment in favor employer is vacated and remanded as an employee may satisfy her burden of proving three days of incapacitation through a combination of expert medical and lay testimony. Here, when expert medical opinion of a doctor that plaintiff was incapacitated for two days because of her illness is combined with plaintiff's lay testimony that she was incapacitated for two additional days, it necessarily follows that a material issue of fact exists as to whether plaintiff suffered from a serious health condition.
[03/11]
A.H. v. Sup. Ct.
A father's writ of mandate seeking relief from a juvenile court order terminating his family reunification services and setting a permanency hearing is denied as the court correctly weighed and considered all relevant factors under all three code provisions, including the father's incarceration, in making its decision and the court's reasoning was logical and amply supported by the record.
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Health Law
[03/10]
Primiano v. Cook
In an action against the manufacturer of an artificial elbow, summary judgment for defendant is reversed where the exclusion of plaintiff's expert's evidence was error as plaintiff's expert, with a sufficient basis in education and experience, testified that the artificial joint "failed to perform in the manner reasonably to be expected in light of its nature and intended function," which was enough to assist a trier of fact.
[03/10]
Clos v. Corrections Corp. of Am.
In an action by a prisoner claiming that he suffered disability discrimination related to his severe hearing loss, plaintiff's appeal from partial summary judgment for defendants is dismissed where the district court's conclusory order provided no basis for a finding that plaintiff would face hardship or injustice by waiting to appeal until his remaining claim against defendants was fully resolved.
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Labor & Employment Law
[03/15]
Service Employees Int'l Union v. Nat'l Union of Healthcare Workers
In an action by a parent and local affiliate union seeking injunctive relief to obtain restoration of properties it alleged were illegally taken by the former officers and leaders of the local union, who formed a rival union, the district court's grant of a temporary restraining order (TRO) is affirmed where: 1) the TRO was an appealable order and thus the court of appeals had jurisdiction to review it; 2) in its subsequent preliminary injunction, the district court explicitly preserved a portion of the TRO as still effective after issuance of the injunction, so the appeal was not moot; and 3) the district court's jurisdiction was proper under 29 U.S.C. section 185(a) because providing a federal forum for injunctive relief against the former officers and leaders of the union promoted the stability of the parent-local relationship and the representation of rank-and-file members.
[03/15]
Woodward v. Dep't of Justice
In petitioner's claim seeking death benefits for the death of her husband-volunteer firefighter under the Public Safety Officers' Benefits Act, BJA's denial of the claim based on the conclusion that smoke inhalation was not a substantial factor in the death of her husband is reversed and remanded as an amended regulation (first applied midway through the agency proceedings) changed the burden of proof from a lenient standard resolving any reasonable doubt in favor of the claimant to the more stringent standard requiring that a claimant prove all material issues of fact by a "more likely than not" standard, which is a significant change in the law that disfavors retroactive application of the amended regulation.
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Probate Trusts
[02/25]
Conservatorship of John L.
In a petition to establish a conservatorship of a person pursuant to the Lanterman-Petris-Short Act, the judgment of the court of appeal is affirmed where: 1) the superior court did not violate the LPS Act when it excused the individual's production and proceeded without him in attendance at a hearing to establish a conservatorship of his person; and 2) the superior court did not violate his due process rights.
[02/25]
Donahue v. Donahue
Trial court's order, charging a trust with some $5 million in past and ongoing attorney fees incurred on behalf of a former trustee in defending against the beneficiary's allegations of self-dealing and conflict of interest is reversed as it cannot be determined from the trial court's order whether the fee awards are consistent with applicable legal principles. Long-established principles of trust law impose a double-barreled reasonableness requirement where: 1) the fee award must be reasonable in amount and reasonably necessary to the conduct of litigation; and 2) it also must be reasonable and appropriate for the benefit of the trust.
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Trade Dress
[12/01]
Guessous v. Chrome Hearts, LLC
In plaintiff's suit against defendant for infringement of jewelry designs, trademarks and copyrights, trial court's decision denying plaintiff's motion to strike defendant's complaint under the anti-SLAPP statute is affirmed as the filing of a lawsuit in a foreign country is not protected activity under the United States or California Constitutions as to implicate the statute.
[09/16]
Art Attacks Ink, LLC v. MGA Ent'mt. Inc.
In a copyright, trademark, and trade dress infringement action, judgment as a matter of law for defendant on copyright and trade dress infringement claims is affirmed where: 1) defendant did not timely move for judgment as a matter of law, but the time limit under Fed. R. Civ. P. 50(b) is not jurisdictional; and 2) plaintiff failed to demonstrate that defendant had access to plaintiff's copyrighted works or that plaintiff's trade dress had acquired secondary meaning.
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Trade Secrets
[02/12]
Ansys, Inc. v. Computational Dynamics N. Am., Ltd.
In plaintiff's suit against its former employee and his new employer (a competitor) claiming breach of noncompetition and confidentiality clauses in the employee's employment contract, interference with contractual relations, misappropriation of trade secrets, and unfair trade practices, denial of plaintiff's request for preliminary injunction to enforce the provisions of a one-year noncompetition clause in the employment agreement is affirmed as the district court did not abuse its discretion by finding that plaintiff has failed to make a showing of likelihood of success on the breach of contract claim, or a likelihood of irreparable injury.
[12/29]
Jasmine Networks, Inc. v. Sup. Ct.
In plaintiff's action under the California Uniform Trade Secrets Act claiming that the defendants misappropriated certain trade secrets belonging to plaintiff, trial court's dismissal of the complaint on the ground that plaintiff had forfeited its standing to maintain an action for misappropriation when it had gone through bankruptcy proceedings shortly after filing the complaint is reversed where: 1) a current ownership requirement is not supported by general principles of property or tort law; 2) existing authority imposes no "current ownership requirement" on trade secret plaintiffs; 3) adoption of a current ownership requirement in trade secrets cases is not warranted by analogy to trademark, patent, or copyright law; and 4) no policy concern preponderates in favor of current ownership requirement.
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Uniform Commercial Code
[06/25]
BRASHER'S CASCADE AUTO AUCTION v. VALLEY AUTO SALES AND LEASING
The former version of the California Uniform Commercial Code requires a merchant buyer to adhere to reasonable commercial standards to obtain the status of a buyer in the ordinary course of business for purposes of section 9307.
[05/26]
PROPULSION TECHS. v. ATWOOD CORP.
An agreement to manufacture boat parts is unenforceable under the Statute of Frauds as a transaction in goods with no ascertainable quantity term, thus the claim for fraud in the inducement cannot survive.
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Workers' Comp
[03/05]
Rhine v. Stevedoring Servs. of Am.
In a petition for review of a decision of the Benefits Review Board under 33 U.S.C. section 921(c) of the Longshore and Harbor Workers' Compensation Act, the petition is denied where: 1) a reasonable mind could have concluded that the Pacific Maritime Association Average adequately represented petitioner's annual earning capacity; and 2) the availability of alternative employment was determined by reference to two criteria: the claimant's physical abilities and the economic availability of particular jobs in the market.
[03/03]
City of Laguna Beach v. California Ins. Guarantee Ass'n
In a city's action against an insurance company seeking reimbursement for incurring workers' compensation liability that exceeded its self-insured retention, grant of insurance company's motion for summary judgment is affirmed where: 1) the addition of subdivision (c)(13) to Ins. Code section 1063.1 did not abrogate Denny's Inc. v. Workers' Comp. Appeals Bd., 104 Cal.App.4th 1433 (2003); 2) the trial court properly invoked the Denny's rule when it granted summary judgment and concluded that the city cannot obtain reimbursement from defendant under section 1063.1(c)(13) as, although this provision renders the obligation of an insolvent excess workers' compensation insurer a "covered claim" that defendant must ordinarily reimburse, defendant need not reimburse a permissibly self-insured employer for benefits paid to an employee for cumulative injury if the employer's liability is based in part on a period of time when the employer was self-insured and chose not to buy excess insurance for the particular risk.
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