(California Court of Appeal) - In an action in which plaintiff alleges that defendants aided and abetted a breach of fiduciary duty, the trial court's judgment for plaintiff and an order denying defendants' motion for judgment notwithstanding the verdict is 1) affirmed in part, where: (a) a defendant can be liable for aiding and abetting breach of fiduciary duty without owing the plaintiff a fiduciary duty; (b) the statute of limitations for aiding and abetting breach of fiduciary duty is three or four years depending whether the breach is fraudulent or non-fraudulent; (c) the restitutionary remedy of disgorgement is available for aiding and abetting breach of fiduciary duty; and (d) the measure of restitution for aiding and abetting breach of fiduciary duty is the net profit attributable to the wrong; but 2) reversed in part and remanded, where defendants are entitled to a new trial on the amount of defendants' unjust enrichment. (Opinion on Rehearing)

(United States Fourth Circuit) - Summary judgment in favor of defendants on plaintiff's claims that he was unlawfully terminated from his employment in retaliation for protected activity under the Sarbanes-Oxley Act of 2002 is affirmed, where plaintiff failed to sufficiently establish that his alleged protected activities were a contributing factor to his termination.

(California Court of Appeal) - In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant of summary judgment to defendant is: 1) reversed because plaintiff's conversion claim could be based on either ownership or the right to possession at the time of conversion; and 2) affirmed because plaintiff's fraud claims were not timely under either the discovery rule or relation back doctrine, and thus barred by the statute of limitations.

(California Court of Appeal) - Affirmed that a proposed shareholder class action could not proceed in a California court. The proper jurisdiction was Delaware because the defendant corporation had adopted a bylaw designating Delaware as the exclusive litigation forum for intra-corporate disputes. The forum selection bylaw was enforceable even though it had been adopted without stockholder consent.

(NY Supreme Court) - 2017–04429 2018–04808 Index No. 4054/13

(NY Supreme Court) - 527275

(NY Supreme Court) - 2020–03439 Index No. 85053/20

(United States Fifth Circuit) - Affirmed a judgment in favor of a medical supplier in its lawsuit against a health insurance company that refused to pay for covered services. The supplier, which provides equipment and staffing to doctors who perform surgery in their own offices, prevailed in a jury trial.

(United States Seventh Circuit) - Held that an insurance company was not liable for bad faith for failing to settle a medical malpractice claim for the policy limit. Affirmed a JMOL against the claims of an outpatient surgical center.

(United States Fifth Circuit) - In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred.

(United States Second Circuit) - Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations.

(United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed.

(United States Fifth Circuit) - Affirmed. An insurer was not liable for contractual and statutory violations arising from the denial of a commercial property insurance claim. The suit was untimely because re-investigation by the insurer did not toll the accrual of the cause of action.

(United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.

(United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats.

(United States Seventh Circuit) - Affirmed. An employee who sued under the Fair Labor Standards Act over unpaid wages whose case was dismissed when the company paid what was owed was not entitled to attorney's fees because he didn't technically prevail in the legal action.

(United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act.

(United States DC Circuit) - Reversed and remanded. The district court had jurisdiction over a Labor Management Relations Act Claim relating to a maritime labor union because the act provides federal jurisdiction over suits for violation of contracts between employers and labor organizations.

(United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA.

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.

(California Court of Appeal) - Held that a county appeals board erred in denying a hotel's request for a property tax refund. The hotel contended that the property valuation was incorrect. Reversed and remanded to the board for a new hearing.

(California Court of Appeal) - Held that a homeowner was not entitled to a refund of property taxes. County officials correctly determined that there was a change in ownership of a house she co-owned with her sister, which triggered a reassessment of its value. Affirmed a judgment after trial.

(United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment.

(United States Ninth Circuit) - Upheld federal tax penalties imposed on a company for failing to disclose its participation in a so-called listed transaction. Affirmed summary judgment against the company's tax refund claim, unpersuaded by procedural due process and other arguments.

(United States DC Circuit) - Remanded. The Tax Court abused its discretion in denying a whistleblower award to an anonymous informant. Remanded to consider whether the appellant had made out a fact-specific basis for protecting his identity.

(California Court of Appeal) - Affirmed. Plaintiffs bought shares in a company that invests in government bonds. Plaintiffs contend that the dividends they received are exempt from taxation per the California Constitution. The trial court disagreed, and the appellate court upheld the ruling.

(California Court of Appeal) - Affirmed. The court found that Senate Bill No. 1107 directly conflicts with Political Reform Act of 1974 and does not further the purposes of the Act.

(United States Fourth Circuit) - In a challenge to the conditions placed on the privilege of admission to the Bar of the United States District Court for the District of Maryland in Local Rule 701, the District Court's grant of the Government's motion to dismiss is affirmed where Rule 701 violates neither the Constitution nor federal law.

(United States Third Circuit) - Reversing the pre-discovery dismissal of a wrongful termination claim filed by an in-house patent attorney against their former employer, L'Oreal, alleging that he was terminated for his refusal to violate ethical rules on their behalf because, as the court put it, his allegations were more than skin-deep.

(California Court of Appeal) - Reversed an order disqualifying a law firm from an insurance coverage case based on a newly hired associate's conflict of interest. While the disqualification ruling was pending on appeal, the discovery associate left the 500-plus attorney firm. Based on this development, the Fourth Appellate District reversed the disqualification order and returned the case to the trial court with directions to reweigh the competing disqualification considerations in light of Kirk v. First American Title Ins. Co., 183 Cal. App. 4th 776 (2010).

(California Court of Appeal) - Affirmed the denial of a motion to disqualify another party's counsel in longstanding litigation over groundwater rights. Stressed the movant's long delay in seeking disqualification, in this case where counsel allegedly had a conflict of interest.

(California Court of Appeal) - Reversing a trial court judgment granting writ of mandate and the award of attorney's fees in the case of a real estate salesperson who sued a state agency for publicizing her three misdemeanor convictions because they had no mandatory duty to remove from their website information about a licensee's convictions even if they were eventually dismissed.

(United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss.

(United States Ninth Circuit) - In an en banc opinion, addressed the constitutionality of a San Francisco ordinance that requires health warnings to be included in advertisements for certain sugar-sweetened beverages. Industry groups challenged the ordinance, contending that it violates freedom of commercial speech. Finding this argument persuasive, the Ninth Circuit held that the district court should have granted a preliminary injunction against the ordinance.

(United States Ninth Circuit) - In an amended opinion, held that an African American-owned operator of television networks sufficiently pleaded that a cable television operator unlawfully refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Affirmed denial of a motion to dismiss, on interlocutory appeal.

(United States Seventh Circuit) - Held that an organization may not proceed with its defamation action alleging reputational harm from an article published in an American Bar Association law journal. The author's statements were non-actionable expressions of opinion. Affirmed a dismissal.

(California Court of Appeal) - In an action brought by a member of a nonprofit mutual benefit corporation to inspect the corporation's membership list, and other books and records, the trial court's denial of the plaintiff's petition for writ of mandate to compel inspection, on grounds that the member sought the inspection for an improper purpose, unrelated to his interest as a member of the corporation, and findings that the corporation did not timely challenge the request for the membership list as required by statute, and therefore ordered the list disclosed, is affirmed in part and reversed in part where: 1) substantial evidence supports the trial court’s finding that the member sought the information for an improper purpose; and 2) the corporation's challenge to disclosing the membership list was not barred by statute.

(California Court of Appeal) - In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant of summary judgment to defendant is: 1) reversed because plaintiff's conversion claim could be based on either ownership or the right to possession at the time of conversion; and 2) affirmed because plaintiff's fraud claims were not timely under either the discovery rule or relation back doctrine, and thus barred by the statute of limitations.

(California Court of Appeal) - In a a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court's dismissal of the complaint, concluding that the dilution claim was properly derivative under Delaware law and that plaintiff failed to plead demand futility under Fed. R. Civ. P. Rule 23.1(b)(3)(B), as to any of the claims, is affirmed where: 1) plaintiff's dilution claim was properly derivative, not direct; 2) the district court had subject matter jurisdiction to adjudicate the non-class, derivative claims; and 3) plaintiff did not allege facts sufficient to excuse it from making a pre-suit demand.

(United States Second Circuit) - Reversing the district court's denial of the defendant police officer's motion for judgment on the pleadings and dismissing the remainder of the appeal in a case alleging false arrest and imprisonment because there was evidence the officers had probable cause for the arrest and they are entitled to qualified immunity under New York law.

(California Court of Appeal) - In an arbitration action, arising from a dispute between plaintiff electricity producer and defendant utility over which party bears the cost of complying with laws to reduce greenhouse gas emissions under the Global Warming Solutions Act of 2006, the trial court's vacating of the arbitration award to PG&E is reversed where the question of contact interpretation was ripe for arbitration and plaintiff failed to show sufficient cause for postponing the arbitration process.

(California Court of Appeal) - In a lawsuit to unwind a public water agency's acquisition of all of the stock of a retail water purveyor within its territory, the trial court's order refusing to unwind the transaction is affirmed where: 1) the streamlined procedures available for validating certain acts of public agencies, Code Civ. Proc.section 860 et seq., are inapplicable; 2) substantial evidence supports the trial court's factual finding that the purveyor did not become the agency's alter ego in this case; and 3) the agency did not violate article XVI, section 17.

(United States Federal Circuit) - In a brought suit against the U.S. claiming that two federal government agencies selling electricity over-charged appellants for electricity, the Federal Claims Court dismissal for lack of standing is affirmed where plaintiffs lack privity of contract or any other relationship with the government that would confer standing.

(California Court of Appeal) - In a case in which the Court of Appeals previously dismissed the appeal of plaintiffs from a nonappealable stipulated judgment pursuant to a settlement agreement, and the parties entered into an amended stipulated judgment, the trial court's decision is reversed where: 1) the amended stipulated judgment is final and appealable and the court's opinion, with respect to the trespass and nuisance claims only, is not advisory; 2) on the merits, plaintiffs were legally entitled to present evidence of plaintiff's emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts; and 3) the trial court excluded evidence of emotional distress damages in their entirety.

(California Court of Appeal) - In a labor and employment action, arising after plaintiff was allegedly terminated by his employer, PG&E, for retaliating against a safety inspector who raised issues about his project, the trial court's grant of summary judgment to defendant is affirmed where regardless of whether plaintiff was an at-will employee, PG&E established good cause for terminating him.

(United States First Circuit) - Affirming the dismissal of an action by a private energy company against the utility companies because the Public Utility Regulatory Policies Act does not provide a private right of action against utility companies and affirming the denial of a motion for additional relief against various Massachusetts Department of Public Utilities officials because the court did not abuse its discretion in doing so.

(California Court of Appeal) - Reversing the dismissal of a claim relating to the alleged conflict of interest in the acquisition of property by the San Lorenzo Valley Water District's acquisition of property where one of the District's directors had partial ownership of the agency facilitating the sale of the property and whose wife was its listing agent because the former owner had standing under the Government Code to bring the action and that the action was not subject to validation statutes because it was a conflict of interest rather than a contracts claim.

(California Court of Appeal) - Reversed an order denying summary judgment to plaintiff as to punitive damages. A devastating wildfire started when a tree came into contact with overhead powerlines. The real parties in interest claimed that plaintiff (PG&E) was responsible and sought punitive damages. PG&E had sought summary judgment as to the punitive damages claim which was denied by the trial court.