(Supreme Court of California) - Interpreting Code of Civil Procedure section 580d, the California Supreme Court held that a creditor holding two deeds of trust on the same property may recover a deficiency judgment on the junior lien extinguished by a nonjudicial foreclosure sale on the senior lien.

(Supreme Court of California) - Interpreting the state's anti-SLAPP statute, the California Supreme Court addressed whether the commercial nature of a defendant's speech is relevant in determining whether that speech merits protection. Reversing, the high court concluded that the anti-SLAPP statute was inapplicable here to a dispute between two companies over what one said about the other's business practices.

(Supreme Court of California) - Clarified the procedure that must be followed by a prison inmate who wishes to preserve evidence for a youth offender parole hearing, which is a special proceeding held during the 25th year of incarceration for certain juveniles sentenced as adults. The preserved evidence can concern their characteristics and circumstances at the time of the offense.

(Supreme Court of California) - Held that it is constitutional for San Francisco to impose a tax on drivers who park their cars in paid parking lots, even when the parking lot is operated by a state university.

(Supreme Court of California) - Reversed appeal court ruling. The parties entered into a confidential settlement agreement following a tort action. Plaintiff alleged that Defendant, counsel for the injured party in the tort action, breached the settlement agreement by making public statements. Defendant claimed he was not bound by the agreement, but only recommended his clients sign it. California Supreme Court made a factual finding that the Defendant intended to be bound by the settlement agreement.

(Supreme Court of California) - Vacate order and remand. The trial court denied Plaintiff access to ballistics evidence used at his trial to file a habeas corpus petition. The trial court believed that Penal Code section 1054.9 prohibited such a release of evidence. The Supreme court disagreed stating that section 1054.9 referred to physical evidence held by the prosecutor, not evidence held by the court.

(Supreme Court of California) - Reversed. A dental practice contended that the City of Oroville was liable under an inverse condemnation claim because of damage suffered when raw sewage began overflowing from toilets, sinks, and building drains. The lower court found that the city was liable. The Supreme Court disagreed, stating that the dentist could not prove that the damage was substantially caused by the design, construction or maintenance of the sewer system and that the damage could have been prevented if dentists had installed a legally required backwater valve.

(Supreme Court of California) - A prosecutor in a criminal case has a duty to disclose to the defense information that they personally know and information that they can learn about that is favorable to the accused. This obligation to disclose even includes restricted information about law enforcement officers. A law enforcement agency may disclose to the prosecution identifying information about an office and relevant exonerating or impeaching material in a confidential personnel file.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

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(IN Court of Appeals) - Court of Appeals Case No. 19A-PL-141

(United States Seventh Circuit) - Affirmed a judgment after trial in a contractual dispute between two industrial supply companies. The case involved the alleged breach of their asset purchase agreement.

(United States Fifth Circuit) - Held that a dispute involving an agreement to purchase power from a wind turbine farm was outside the scope of the parties' arbitration clause. Reversed an order compelling arbitration, in this lawsuit seeking a declaratory judgment regarding the meaning of a contractual provision.

(United States Fifth Circuit) - In a contractual dispute between two companies in the oil-drilling business, vacated a bench trial judgment, in part. The contract related to exploratory drilling for offshore oil.

(California Court of Appeal) - Held that an employer was entitled to enforce an employment contract's forum selection clause that required any lawsuits to be brought in Indiana. Granted writ relief to prevent an employee from proceeding with a wrongful-termination lawsuit in a California court.

(United States Fifth Circuit) - Held that a contractor breached its contract with a subcontractor. Affirmed a judgment after a jury trial but remanded for recalculation of damages under the Louisiana Prompt Payment Act, in this case involving an Army Corps of Engineers' project.

(United States Second Circuit) - Held that a medical device manufacturer did not violate the intellectual property rights of a company it hired to help automate its quality testing process. The issue involved reuse of computer source code. Affirmed a JMOL.

(United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim.

(California Court of Appeal) - Held that a restaurant offering gourmet hot dogs was entitled to prevail in its tort lawsuit against a shopping center for intentionally concealing a crucial fact, which was that another hot dog restaurant would be one of the other lessees. Affirmed in part and reversed in part after a trial.

(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 Seventh Circuit) - Affirmed. A franchise's preliminary injunction against a franchisee operating a competing company was upheld in a lawsuit over the franchisee's alleged violation of franchise agreements. The district court should have included more detail regarding the likelihood of success on the merits by the movant, but there was enough to establish that the order wasn't an abuse of discretion.

(United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting.

(United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights.

(United States Second Circuit) - Affirmed. Trial court dismissed Plaintiff’s complaint for failure to state a claim on the grounds that the claimed agreement entered into with Defendant had not be approved by the Defendant’s governing board as required by New York Town Law, hence there was no valid and enforceable contract.

(United States Seventh Circuit) - Reversed, where the district court granted summary judgment in favor of a tenured professor who was dismissed for cause. The University’s use of an informal mediator on the hearing committee did not violate the procedural requirements of the employment contract.

(United States DC Circuit) - Affirmed. The FCC's decision to cancel a cellular phone company's radio spectrum licenses because the company failed to make the installment payment for those licenses was appropriate.

(United States Fifth Circuit) - Remanded. The court joined sister circuits in holding that class arbitration is a "gateway" issue that must be decided by the courts rather than by arbitrators.

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

(United States Ninth Circuit) - Reversed the district court’s dismissal of an action based on the forum selection clause in the parties’ contract. Held that the district court abused its discretion in overriding the strong public policy in Idaho Code section 29-110(1).

(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 Fifth Circuit) - Affirmed. All insurance claims were properly denied because while the insured gave timely notice of later claims they failed to give notice of an initial claim within the policy's one year coverage limitation.

(United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project.

(United States Seventh Circuit) - Affirmed. Claims of breach of contract, emotional distress, negligence, and promissory estoppel arising from disciplinary action taken by a school against a student accused of sexual assault after extensive proceedings were defective and the case was properly dismissed.

(California Court of Appeal) - Granted writ of mandate and directed trial court to vacate order granting summary adjudication motion. The appeals court held that the trial court’s per se application of Business and Professions Code section 16600 to the contract in question was incorrect.

(Supreme Court of California) - Remanded. The Plaintiff purchased an insurance policy from Defendant that covered pollution conditions. The policy required notice of any pollution condition and written consent before incurring obligations. Defendant denied coverage for pollution conditions that were found at a dormitory construction site because the policy notice and consent provisions were violated. The Court held that the notice-prejudice rule, which allows insureds to proceed against their insurer even if notice is late as long as it does not substantially prejudice the insurer, is a fundamental public policy of California and applies to consent provisions in first-party liability coverage and not third-party coverage. Remanded to the Ninth Circuit to determine type of policy involved.

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