un Longoria v. Hunter Express Ltd. By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (United States Fifth Circuit) - Vacated and remanded. A $2.8 million verdict in a car accident and injury case was vacated because there was no evidence to support an award for future mental anguish or future pain and suffering. Full Article Civil Procedure Injury & Tort Law
un Timm v. Goodyear Dunlop Tires North America By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A lawsuit arising from a terrible motorcycle accident that alleged defects in the tires and helmets involved failed because the plaintiffs didn't present admissible expert testimony to support their claims. Full Article Injury & Tort Law Product Liability Civil Procedure
un Pina v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (California Court of Appeal) - Reversed judgment on the verdict and remand for new trial. Plaintiff brought a personal injury action against Defendant for injuries suffered in a bus accident. The jury found for Plaintiff but awarded minimal damages on the belief from an expert testimony that future surgery would not be required. The court awarded Defendant costs and attorney fees under CCP 998. Plaintiff appealed on the grounds that the expert testimony exceeded the scope of permissible impeachment. The appeals court agreed and ordered the trial court to vacate its order on the post-trial motions. Full Article Civil Procedure Injury & Tort Law
un Stephens v. Union Pacific Railroad Company By feeds.findlaw.com Published On :: 2019-08-28T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. In a claim of negligence for secondary exposure to asbestos, the plaintiff failed to establish sufficient cause. The panel held that in the context of asbestos claims, the substantial-factor test requires “demonstrating that the injured person had substantial exposure to the relevant asbestos for a substantial period of time.” Full Article Injury & Tort Law
un Klocke v. University of TX at Arlington By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (United States Fifth Circuit) - Reversed and remanded. The Texas Citizens Participation Act does not apply to diversity cases in federal court. Full Article Civil Procedure Injury & Tort Law
un Simon v. Republic of Hungary By feeds.findlaw.com Published On :: 2018-12-28T08:00:00+00:00 (United States DC Circuit) - Held that 14 Holocaust survivors could proceed with their lawsuit against the Republic of Hungary seeking compensation for the seizure and expropriation of their property during the Holocaust. Reversed the district court, which had dismissed their complaint based on principles of international comity and on grounds of forum non conveniens. Full Article Injury & Tort Law International Law Civil Procedure
un Bascunan v. Elsaca By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (United States Second Circuit) - In a civil RICO case, held that a Chilean national may sue another Chilean national in the United States, because extraterritoriality issues did not bar the suit. The case involved allegations of fraudulent asset transfers from a New York bank account. Reversed a dismissal in relevant part. Full Article International Law Civil Procedure Banking Law
un Khrapunov v. Prosyankin By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (United States Ninth Circuit) - Vacated and remanded. Plaintiff filed a 28 U.S.C. § 1782 application seeking issuance of a subpoena to Google, Inc. for the disclosure of certain subscriber information to assist him in ongoing litigation in England. The district court granted Plaintiff’s application for the information from Google. Concluded that there was doubt whether 1782 could be used in a foreign proceeding and vacated and remanded for further proceedings in the district court. Full Article Evidence International Law Cyberspace Law
un Busse v. United Panam Financial Corp. By feeds.findlaw.com Published On :: 2014-01-08T08:00:00+00:00 (California Court of Appeal) - Dismissal of an action brought by plaintiff-minority shareholders for "rescissionary damages" based on breach of fiduciary duty by defendants with respect to a proposed buyout of defendant-company, is: 1) affirmed in part, where under Corporations Code section 1312(b), in common control situations, dissenting minority shareholders have the remedy of appraisal unless they elect the remedy of stopping or rescinding the reorganization but they do not have any right to sue for damages for breach of fiduciary duty; but 2) reversed in part and remanded, where plaintiffs have never withdrawn their alternative request to set aside the merger. Full Article Class Actions Corp. Governance Corporation & Enterprise Law Remedies
un Louisiana Municipal Police Employees' Retirement Sys. v. Wynn By feeds.findlaw.com Published On :: 2016-07-18T08:00:00+00:00 (United States Ninth Circuit) - In a shareholder derivative lawsuit alleging that casino resort board of director defendants breached their fiduciary duties, the District Court's dismissal under Fed. R. Civ. P. 23.1 is affirmed where: 1) diversity jurisdiction under 28 U.S.C. section 1332(a)(2) was improper because there were American citizens on both sides of the case; 2) the district court did not abuse its discretion in determining that the shareholders failed to comply with Rule 23.1 or state law governing demand futility; and 3) there was no reversible error if the district court considered materials extraneous to the complaint. Full Article Gaming Law Corporation & Enterprise Law Corp. Governance
un Central Laborers Pension Fund v. McAfee, Inc. By feeds.findlaw.com Published On :: 2017-11-15T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's summary judgment as to nine outside directors of McAfee in a class action corporate malfeasance case relating to the company's merger with Intel in which former public shareholders alleged an unfair process contaminated by conflicts that resulted in an undervalued price at sale, but reversing the judgment as to the former CEO and the corporate defendants Full Article Civil Procedure Corporation & Enterprise Law Corp. Governance
un Brown v. Pacifica Foundation, Inc. By feeds.findlaw.com Published On :: 2019-04-29T08:00:00+00:00 (California Court of Appeal) - Held that a board member of a nonprofit corporation was not entitled to a preliminary injunction barring her from being removed from the board. Reversed a preliminary injunction, in this case involving a nonprofit that operates public radio stations. Full Article Media Law Tax-exempt Organizations Corp. Governance
un IN RE: the Claim of ZULMA ZUNIGA By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 529285 Full Article
un IN RE: HUDSON v. ALLEY HOUSING DEVELOPMENT FUND COMPANY By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 528980 Full Article
un MTGLQ INVESTORS LLP v. DAVID LUNDER DAVID LUNDER By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Supreme Court) - 528503 Full Article
un The People, etc., ex rel. Matthew Hunter, on behalf of Gabriel Colon, petitioner, v. Cynthia Brann, etc., respondent. By feeds.findlaw.com Published On :: -May 8, 2020-T08:00:00+00:00 (NY Supreme Court) - 2020–03456 Full Article
un Jackpot Harvesting, Inc. v. Applied Underwriters, Inc. By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (California Court of Appeal) - Affirmed the denial of a motion to compel arbitration of an insurance dispute. A company that sued its workers' compensation insurer over premium hikes contended that the case did not have to be arbitrated because the California Insurance Code invalidated the parties' arbitration agreement. Full Article Insurance Law Workers' Compensation Dispute Resolution & Arbitration
un Emmis Communications Corporation v. Illinois National Insurance Company By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (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. Full Article Insurance Law Contracts
un Universal Cable Productions v. Atlantic Specialty Insurance By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned. Full Article Insurance Law
un Capsco Industries, Inc. v. Ground Control, LLC By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (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. Full Article Civil Procedure Insurance Law Construction Contracts
un Collins v. University of Notre Dame du Lac By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing. Full Article Civil Procedure Labor & Employment Law
un Griggs v. Chickasaw County, Mississippi By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (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. Full Article Labor & Employment Law Civil Procedure Constitutional Law
un Campos v. Cook County By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The dismissal of a suit alleging that protracted employment termination proceedings violated the substantive due process rights of a Sheriff's Office employee following their DUI arrest was proper because it did not meet the high standard for making out substantive due process claims. Full Article Civil Procedure Labor & Employment Law
un Lavite v. Dunstan By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to a County Veterans Assistance Commission was affirmed in a case where their superintendent was banned from the administration building after learning that he'd had a PTSD incident in which he threatened a police officer and kicked out the windows of a squad car. Full Article Labor & Employment Law Civil Procedure Constitutional Law
un Ray v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-08-22T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part, reversed in part. The panel affirmed Los Angeles County was not entitled to 11th Amendment immunity because the County was not an arm of the state when it administered the In-Home Supportive Services program. The court reversed on the collective period’s effective date. Full Article Labor & Employment Law
un Glovis America, Inc. v. County of Ventura By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund. Full Article Property Law & Real Estate Military Law Tax Law
un Perry v. Coles County, Illinois By feeds.findlaw.com Published On :: 2018-10-11T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the dismissal of taxpayers' suit alleging that a county government imposed a disproportionate tax on commercial and industrial properties in one particular township as opposed to similar types of properties elsewhere in the county. Held that the district court appropriately abstained from hearing this Equal Protection Clause suit under the comity doctrine. Full Article Tax Law Constitutional Law
un MCI Communications Services, Inc. v. California Department of Tax and Fee Administration By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems. Full Article Tax Law Communications Law
un Next Century Associates, LLC v. County of Los Angeles By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (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. Full Article Tax Law Property Law & Real Estate
un Karas-Durante v. County of Santa Clara By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (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. Full Article Tax Law Property Law & Real Estate
un SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
un Sugarloaf Fund, LLC v. Commissioner of Internal Revenue By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (United States Seventh Circuit) - Held that a tax shelter reflected an abusive sham. Affirmed the Tax Court's judgment and imposition of penalties. Full Article Tax Law
un Harmony Gold U.S.A., Inc. v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a property owner could not proceed with a lawsuit seeking to recover tax overpayments. Affirmed a dismissal, in a case involving the determination of the real property's base-year value, a core metric for assessing property taxes in California. Full Article Tax Law
un DFS Group, L.P. v. County of San Mateo By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a county tax assessor incorrectly determined the value, for property tax purposes, of a concessionaire's lease at San Francisco International Airport. Full Article Tax Law
un Dondlinger v. Los Angeles County Regional Park and Open Space District By feeds.findlaw.com Published On :: 2019-01-31T08:00:00+00:00 (California Court of Appeal) - Held that a taxpayer could not proceed with a lawsuit seeking to invalidate a voter-approved special property tax imposed by Los Angeles County. Affirmed a judgment on the pleadings. Full Article Tax Law
un Wright v. County of San Mateo By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - Held that homeowners were not disqualified from taking a tax break. California has a special tax provision benefitting homeowners over 55 years of age when they relocate to a replacement dwelling in the same county. Reversed the trial court. Full Article Tax Law
un SSL Landlord LLC v. County of San Mateo By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below. Full Article Tax Law Attorney's Fees
un SSL Landlord LLC v. County of San Mateo By feeds.findlaw.com Published On :: 2019-04-23T08:00:00+00:00 (California Court of Appeal) - Held that a plaintiff in a tax refund lawsuit was not entitled to an award of attorney fees. Affirmed the ruling below. Full Article Tax Law Attorney's Fees
un Moss v. Duncan By feeds.findlaw.com Published On :: 2019-06-20T08:00:00+00:00 (California Court of Appeal) - Revived a business owner's lawsuit accusing a certified public accountant of professional negligence. Held that the statute of limitations did not bar this suit concerning alleged erroneous tax advice about how to structure a business deal. Reversed a summary judgment ruling. Full Article Tax Law Professional Malpractice
un City and County of San Francisco v. Regents of the University of California By feeds.findlaw.com Published On :: 2019-06-20T08:00:00+00:00 (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. Full Article Tax Law Constitutional Law
un Bundy v. U.S. District Court for the District of Nevada By feeds.findlaw.com Published On :: 2016-10-28T08:00:00+00:00 (United States Ninth Circuit) - In a petition for a writ of mandamus to force the district court to admit an attorney it had previously denied admission pro hac vice in the high-profile criminal trial of Cliven Bundy, the District Court's denial is affirmed where it did not abuse its discretion, as there are a litany of reasons for denying the attorney's pro hac vice status. Full Article Ethics & Professional Responsibility Judges & Judiciary
un Los Angeles County Board of Supervisors v. The Superior Court of Los Angeles County By feeds.findlaw.com Published On :: 2016-12-29T08:00:00+00:00 (Supreme Court of California) - In an action that implicates the public‘s interest in transparency and a public agency‘s interest in confidential communications with its legal counsel, the Court of Appeal’s judgment concerning whether billing invoices are privileged is reversed where invoices for work in pending and active legal matters are so closely related to attorney-client communications that they implicate the heart of the privilege rule. Full Article Evidence Ethics & Professional Responsibility
un Diaz v. Professional Community Management, Inc. By feeds.findlaw.com Published On :: 2017-11-08T08:00:00+00:00 (California Court of Appeal) - Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal. Full Article Civil Procedure Ethics & Professional Responsibility Dispute Resolution & Arbitration
un Medical Board of California v. The Superior Court of the City and County of San Francisco By feeds.findlaw.com Published On :: 2018-01-08T08:00:00+00:00 (California Court of Appeal) - Granting a writ petition in the case of a doctor who contested the introduction of arrest records relating to his conviction for possession of cocaine in professional misconduct proceedings and the tension between the Penal Code section stating that successful completion of a diversion program should not be used in a way that could result in the loss of a license and the Business and Professions Code section stating that the successful completion of diversion does not prohibit the agency from taking disciplinary action, holding that the latter statute was controlling. Full Article Evidence Ethics & Professional Responsibility Administrative Law
un Magana v. The Superior Court of San Mateo County By feeds.findlaw.com Published On :: 2018-04-27T08:00:00+00:00 (California Court of Appeal) - Denying a petition for writ of mandate or prohibition challenging a trial judge's refusal to disqualify himself and for the attorney's removal as defense counsel in a case where the defense attorney engaged in a series of procedural delays in his defense of a man charged with two counts of rape that the court eventually held was denying the victim, defendant, and government their right to a speedy trial because the court correctly found that his motion to disqualify was untimely and the trial court had the authority to remove defense counsel to ensure adequate representation is provided and to avoid the substantial impairment of court proceedings... a rarely exercised authority that was held to be appropriate in this instance. Full Article Ethics & Professional Responsibility Professional Malpractice Constitutional Law Criminal Law & Procedure
un Fluidmaster v. Fireman's Fund Ins. Co. By feeds.findlaw.com Published On :: 2018-07-24T08:00:00+00:00 (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). Full Article Ethics & Professional Responsibility
un Antelope Valley Groundwater Cases By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (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. Full Article Water Law Ethics & Professional Responsibility
un Doe v. Superior Court (Southwestern Community College District) By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (California Court of Appeal) - Held that a lawyer should not have been disqualified from representing a student-employee at a community college in a sexual harassment case. He did not violate California State Bar Rules of Professional Conduct concerning communications with represented parties when he contacted another student-employee seeking a witness statement. Granted writ relief. Full Article Ethics & Professional Responsibility Labor & Employment Law
un Council Tree Investors Inc. v. FCC By feeds.findlaw.com Published On :: 2017-07-13T08:00:00+00:00 (United States Third Circuit) - Denying a petition to review an FCC order allowing the limitation of bidding credits available to 'designated entities' in the bidding process for electromagnetic spectrum licenses since the decision was not arbitrary, an abuse of discretion, or otherwise contrary to the law. Full Article Commercial Law Media Law Communications Law Antitrust & Trade Regulation
un Yelp, Inc. v. Superior Court of Orange County By feeds.findlaw.com Published On :: 2017-11-13T08:00:00+00:00 (California Court of Appeal) - Affirming the trial court's ruling that Yelp lacked standing to assert the First Amendment rights of an anonymous reviewer whose identity was sought in connection with a defamation claim, finding no error in the determination that the plaintiff made a prima facie showing that the comments made by this person were defamatory, and concluding that this finding was sufficient to support the court order compelling the production of subpeonaed documents, for which reason the petition for writ of mandate was denied, but also finding the opposition to the motion to compel was substantially justified and reversing the order of sanctions against Yelp. Full Article Civil Procedure Sanctions Constitutional Law Media Law