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
[11/21]
Seghers v. Securities and Exchange Comm'n
Petition for review of an SEC order barring petitioner from association with investment advisers based on his violation of section 17(a) of the Securities Act of 1933 is denied where: 1) no genuine issues of material fact existed to prevent a summary disposition of the case; and 2) the sanction of permanently barring petitioner from associating with any investment adviser was not an abuse of discretion.
[11/20]
Artesia Dairy v. Agric. Labor Relations Bd.
Defendant-Labor Board's decision excluding certain persons employed by plaintiff-dairy from voting on the United Farm Workers of America's (UFW) petition to represent plaintiff's agricultural employees is reversed in part and affirmed in part where: 1) the nephews of plaintiff's owners did not fall under the regulation that excluded the owner's children from voter eligibility; 2) based on the evidence presented, defendant correctly concluded that the individual who maintained the lawn area around the dairy was not an agricultural employee; 3) it was appropriate for defendant to apply a substantiality test in determining whether an individual who engaged in childcare and cleaning was an agricultural employee; and 4) substantial evidence supported defendant's conclusion that the two individuals with supervisory duties were supervisors and thus ineligible to vote.
More...
Bankruptcy Law
[11/17]
Busseto Foods, Inc. v. Laizure
In a bankruptcy case in which debtor had embezzled and subsequently repaid funds from his employer, and employer had later been required to return those funds to the bankruptcy estate, dismissal of employer's complaint alleging that it had a nondischargeable claim against debtor is reversed where a creditor that is required to return to the trustee a payment from the debtor made within the ninety-day preference period still maintains a claim against the debtor for a nondischargeable claim.
[11/13]
In re: Lanning
For purposes of calculating the "projected disposable income" of an above-median Chapter 13 debtor under amendments to the bankruptcy code effected by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the circuit court adopts the "forward-looking approach," wherein a Chapter 13 debtor's six-month, pre-petition "disposable income" (as defined by statute) is presumed to be the debtor's "projected disposable income" for purposes of establishing the monthly sum that the debtor must commit to repayment of unsecured creditors in order to advance a confirmable payment plan and overcome objections to it. Also, the amount of projected disposable income is rebuttable upon a showing of special circumstances at the time of plan confirmation.
More...
Civil Procedure
[11/21]
Martin v. Toledo Cardiology Consultants, Inc.
In a case brought by plaintiff-employee lab technician under the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act of 1964, grant of summary judgment in favor of defendant-employer cardiology office and dismissal of case is reversed and remanded where: 1) in addressing the plaintiff-employee's prima facie age discrimination case, the district court impermissibly made factual determinations and improperly drew inferences in favor solely of the defendant; and similarly 2) with the retaliation claim, the district court impermissibly made factual findings and did not view the evidence in the light most favorable to the plaintiff, the non-moving party.
[11/19]
Poche v. Texas Air Corps, Inc.
In a Fair Labor Standards Act claim alleging that plaintiff was entitled to overtime wages, and also alleging numerous state-law claims, remand of case to state court is reversed where 28 U.S.C. section 1441(c) does not permit a district court to remand federal claims conferring removal jurisdiction, even where those claims are part of a case predominated by state law.
More...
Civil Rights
[11/21]
Royall v. Nat'l Ass'n of Letter Carriers, AFL-CIO
In an employment-discrimination case, summary judgment for defendant is affirmed where there was no evidence from which a reasonable jury could find that defendant's reason for terminating plaintiff's employment was a pretext for unlawful discrimination.
[11/21]
Martin v. Toledo Cardiology Consultants, Inc.
In a case brought by plaintiff-employee lab technician under the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act of 1964, grant of summary judgment in favor of defendant-employer cardiology office and dismissal of case is reversed and remanded where: 1) in addressing the plaintiff-employee's prima facie age discrimination case, the district court impermissibly made factual determinations and improperly drew inferences in favor solely of the defendant; and similarly 2) with the retaliation claim, the district court impermissibly made factual findings and did not view the evidence in the light most favorable to the plaintiff, the non-moving party.
More...
Commercial Law
[11/18]
Surrey v. TrueBeginnings
In a case of first impression in California involving an online matchmaking service, someone who presents him or herself to a business with the intent of purchasing its services or products, but becomes aware of that business's practice of charging different amounts for such services or products based on gender and thereafter does not purchase those services or products, is not aggrieved by that practice so as to have standing to sue for violations of the Unruh Act and the Gender Tax Repeal Act. The court adopts a bright-line rule that a person must tender the purchase price for a business's services or products in order to have standing to sue it for alleged discriminatory practices relating thereto.
[07/29]
Fed. Trade Comm'n v. Whole Foods Market, Inc.
Denial of the FTC's request for a preliminary injunction against the merger of the Whole Foods and Wild Oats supermarket chains is reversed and remanded where: 1) the case was not moot despite the merger's having already occurred; 2) the district court did not abuse its discretion by considering the market definition proposed by the FTC, in which Whole Foods and Wild Oats compete in the "premium, natural, and organic supermarkets" (PNOS) market, not against all supermarkets; 3) the FTC met the threshold requirements for obtaining a preliminary injunction by demonstrating a likelihood of success on its claim that the two supermarkets did compete in the PNOS market; and 4) the district court was best positioned to balance the FTC's showing against the equities weighing against an injunction. (Amended and reissued opinion)
More...
Consumer Protection
[11/14]
H&R Block, Inc. v. Am. Int'l Specialty Lines Ins. Co.
Class actions filed against nationwide tax preparer H&R Block asserting a variety of statutory and common law claims arising out of H&R's Refund Anticipation Loan (RAL) program are excluded from "prior acts" coverage under professional liability "claims made" insurance policies because other class actions asserting similar claims were filed prior to the policy periods.
[11/13]
McKinney v. Cadleway Props., Inc.
In a suit alleging that defendant violated the Fair Debt Collection Practices Act (FDCPA) in its efforts to collect upon a debt, summary judgment for plaintiff is reversed where: 1) defendant was a "debt collector" subject to the FDCPA; but 2) the "validation of debt" notice defendant sent to plaintiff was clear on its face, and provided the statutorily-required information.
More...
Contracts
[11/19]
McDonald v. Sun Oil Co.
In a suit arising out of the sale of a property containing a disused mercury mine, alleging negligence, contribution, breach of contract and fraud as a result of an alleged oral warranty that certain rock at the mine was free of mercury, summary judgment for defendants is affirmed in part and reversed in part where: 1) the state statute of repose did not render the negligence claim time-barred, because provisions of the Comprehensive Environmental Response, Compensation, and Liability Act amending state statute of limitations rules also applied to statutes of repose; 2) the contribution claim could not be brought without remedial action having been initiated by a state environmental agency; 3) the parol evidence rule was properly applied to find that the parties had reduced their entire agreement to writing and that no binding oral warranty existed; and 4) plaintiffs did not produce evidence of the alleged falsity of statements made by defendant.
[11/18]
Dealer Computer Svcs., Inc. v. Dub Herring Ford
Following an arbitration decision granting award to defendant-dealerships and finding arbitration provisions found in various contracts between defendant-dealerships and plaintiff-computer software and hardware vendor did not preclude class arbitration, district court judgment in favor of defendant-dealerships is vacated and remanded with instructions to dismiss where the district court lacked jurisdiction to consider plaintiff's motion to vacate the arbitration award because the matter was not ripe for judicial review.
More...
Corporation & Enterprise Law
[11/20]
Vasquez v. State of California
In a taxpayer cause of action brought against the state for violating Proposition 139, known as the Prison Inmate Labor Initiative of 1990, by failing to collect and disburse payments due from joint venture programs with private employers within state prisons, award of attorneys' fees to plaintiff-company representive under the "private attorney general statute", Code of Civil Procedure section 1021.5, is affirmed where: 1) no rule applicable to this case required plaintiff first to attempt to settle the matter short of litigation; 2) the present case is not a catalyst case because plaintiff successfully obtained a stipulated injunction that was entered as a judgment and thus brought about a judicially recognized change in the parties' legal relationship; and 3) the "limitations on the catalyst theory" adopted in Graham v. DaimlerChrysler Corp. did not properly apply here.
[07/29]
Fed. Trade Comm'n v. Whole Foods Market, Inc.
Denial of the FTC's request for a preliminary injunction against the merger of the Whole Foods and Wild Oats supermarket chains is reversed and remanded where: 1) the case was not moot despite the merger's having already occurred; 2) the district court did not abuse its discretion by considering the market definition proposed by the FTC, in which Whole Foods and Wild Oats compete in the "premium, natural, and organic supermarkets" (PNOS) market, not against all supermarkets; 3) the FTC met the threshold requirements for obtaining a preliminary injunction by demonstrating a likelihood of success on its claim that the two supermarkets did compete in the PNOS market; and 4) the district court was best positioned to balance the FTC's showing against the equities weighing against an injunction. (Amended and reissued opinion)
More...
Dispute Resolution & Arbitration
[11/18]
Dealer Computer Svcs., Inc. v. Dub Herring Ford
Following an arbitration decision granting award to defendant-dealerships and finding arbitration provisions found in various contracts between defendant-dealerships and plaintiff-computer software and hardware vendor did not preclude class arbitration, district court judgment in favor of defendant-dealerships is vacated and remanded with instructions to dismiss where the district court lacked jurisdiction to consider plaintiff's motion to vacate the arbitration award because the matter was not ripe for judicial review.
[11/14]
In Re NEXT Fin. Group, Inc.
In a suit claiming that plaintiff was wrongfully discharged for refusing to conceal allegedly fraudulent securities transactions, petition for mandamus relief is granted where plaintiff was required to arbitrate a claim that his employer wrongfully discharged him for refusing to commit an illegal act.
More...
Family Law
[11/07]
Choose Life Illinois, Inc. v. White
In a suit by an interest group seeking on First Amendment grounds to force the state of Illinois to issue "Choose Life" specialty license plates, judgment in favor of plaintiffs is reversed where: 1) specialty license plates implicate the speech rights of private speakers, not government speech; 2) specialty plates are a nonpublic forum; and 3) the state could enforce a content-based but viewpoint-neutral ban disallowing any abortion-related message, whether pro-life or pro-choice, to be displayed on its license plates.
[11/06]
Aguilar v. Aguilar
Denial of petition to undo a wife's withdrawal of trust property brought by a remainder beneficiary of the trust is reversed and remanded where: 1) even though the property the wife sought to withdraw was her share of the community property, it was too late for her to withdraw it; 2) irrevocable trusts are binding, even on their trustors; and 3) as the life beneficiary, the wife could continue to enjoy the property as held by the trust.
More...
Health Law
[11/21]
Hines v. Anderson
In a suit over prison medical care, an order terminating a consent decree regulating medical care for inmates at a federal prison is affirmed where: 1) the decree did not constitute a final judgment, and plaintiffs-inmates had no property right therein that would entitle them under the due process clause to further discovery and a pretermination evidentiary hearing; 2) the Prison Litigation Reform Act did not require a pretermination investigation and evidentiary hearing; 3) there was no evidence of ongoing Eighth Amendment violations at the prison; and 4) the consent decree was not narrowly tailored or the lease intrusive means to protect the inmates' Eighth Amendment rights.
[11/19]
Mission Hosp. Reg'l Med. Ctr. v. Shewry
In an action brought by over 100 state hospitals alleging section 32 of Senate Bill No. 1103, which froze reimbursement rates paid to noncontract hospitals for inpatient services during the state's 2004-2005 fiscal year, violated the Medicaid Act and that the Department of Health Care Services violated federal Medicaid regulation and state and federal protections, judgment rejecting most of plaintiffs' claims is reversed and remanded where: 1) the federal statute requiring notice and comment procedures applied to the state's action; 2) the state's process did not satisfy the federal statute; and 3) the trial court erred in its ruling under section (13)(A).
More...
Labor & Employment Law
[11/21]
Royall v. Nat'l Ass'n of Letter Carriers, AFL-CIO
In an employment-discrimination case, summary judgment for defendant is affirmed where there was no evidence from which a reasonable jury could find that defendant's reason for terminating plaintiff's employment was a pretext for unlawful discrimination.
[11/21]
Martin v. Toledo Cardiology Consultants, Inc.
In a case brought by plaintiff-employee lab technician under the Age Discrimination in Employment Act (ADEA), and Title VII of the Civil Rights Act of 1964, grant of summary judgment in favor of defendant-employer cardiology office and dismissal of case is reversed and remanded where: 1) in addressing the plaintiff-employee's prima facie age discrimination case, the district court impermissibly made factual determinations and improperly drew inferences in favor solely of the defendant; and similarly 2) with the retaliation claim, the district court impermissibly made factual findings and did not view the evidence in the light most favorable to the plaintiff, the non-moving party.
More...
Probate Trusts
[11/06]
Aguilar v. Aguilar
Denial of petition to undo a wife's withdrawal of trust property brought by a remainder beneficiary of the trust is reversed and remanded where: 1) even though the property the wife sought to withdraw was her share of the community property, it was too late for her to withdraw it; 2) irrevocable trusts are binding, even on their trustors; and 3) as the life beneficiary, the wife could continue to enjoy the property as held by the trust.
[10/16]
Schwartz v. Schwartz
Denial of petition for order directing distribution of trust property and granting respondent's petition to invoke the no-contest clause of the trust is affirmed where the trial court had jurisdiction to deny appellant's petition following his alleged withdrawal of the pleading.
More...
Trade Dress
[11/05]
E.S.S. Entm't 2000, Inc. v. Rock Star Videos, Inc.
In an action brought by the operator of a strip club in Los Angeles against the producer of a video game in the "Grand Theft Auto" series claiming, inter alia, that the game's depiction of a strip club called the "Pig Pen" infringed its trademark and trade dress associated with the "Play Pen", summary judgment for defendant-game producer is affirmed where: 1) modification of plaintiff's trademark was not explicitly misleading and was thus protected by the First Amendment; and 2) the First Amendment defense applies equally to plaintiff's state law claims as to its Lanham Act claim.
[05/29]
UT Lighthouse Ministry v. Found. for Apologetic Info. and Research
In an action claiming trademark infringement, unfair competition, and cybersquatting, summary judgment for defendant is affirmed where: 1) trademark infringement and unfair competition claims failed as plaintiff did not show that "Utah Lighthouse" was protectable, that defendant's use was in connection with any goods or services, and that defendant was likely to cause confusion among consumers as to the source of goods sold on its online bookstore; 2) defendant lacked a bad faith intent to profit from the use of plaintiff's trademark in several domain names under the Anti-Cybersquatting Protection Act (ACPA); and 3) defendant's website met safe harbor conditions of the ACPA since it was a parody.
More...
Trade Secrets
[09/19]
Niemi v. NHK Springs Co., Ltd.
In a suit for misappropriation of trade secret, breach of contract, and promissory estoppel involving a method of manufacturing stabilizer bars for automobiles, summary judgment for defendant-corporation and dismissal ruling in favor of its parent company are affirmed in part as to the dismissal ruling based on a lack of personal jurisdiction, but reversed in part where there was sufficient evidence to create genuine issues of material fact on trade secret and promissory estoppel claims.
[09/09]
Asset Marketing v. Gagnon
In a software copyright and trade secret case, summary judgment for defendant on the grounds of an implied license to retain, use and modify the software was affirmed where: 1) defendant requested creation of the software programs; 2) plaintiff created the programs for defendant and delivered them to defendant by installing them on defendants' computers and storing source code for the programs on defendant's premises; and 3) defendant manifested an intent that plaintiff would maintain and modify the programs.
More...
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.
More...
Workers' Comp
[11/12]
Pratt v. Union Pac. R.R. Co.
In a suit against defendant-employer brought under the Federal Employers' Liability Act and the Locomotive Inspection Act for personal injuries suffered at work, a court order prohibiting defendant-railroad company from compelling plaintiff-employee to attend a medical examination or conducting a disciplinary hearing to terminate plaintiff's employment for refusing to provide it with medical evidence justifying his continued absence from work is affirmed where: 1) the trial court had jurisdiction to prohibit extra-judicial discovery because the civil rules of discovery provide independent authority to grant a protective order for misuse of the discovery process; and 2) the trial court did not abuse its discretion by awarding monetary sanctions where the sanctions served not to punish but rather to encourage voluntary compliance with the discovery procedures.
[11/06]
B & D Contracting v. Pearley
In a challenge to the amount of an award of disability benefits pursuant to the Longshore and Harbor Workers' Act, employer's petition for review of the award is denied where employer's per diem payments to claimant were properly classified by the Benefits Review Board as wages, and were required to be included in benefit calculations as such.
More...
|
