Foltz v. Johnson
The question of which risks are inherent in a recreational activity, here, dirt biking, is fact-intensive but, on a sufficient record, may be resolved on summary judgment. Read More
The question of which risks are inherent in a recreational activity, here, dirt biking, is fact-intensive but, on a sufficient record, may be resolved on summary judgment. Read More
A party cannot manufacture a triable issue of fact with a self-serving expert opinion that lacks any basis or explanation for the opinion and that is inconsistent with its own admissible statements. Read More
Service of process and taking of a deposition in Arizona as part of Nevada litigation were insufficient minimum contacts with Arizona to create personal jurisdiction. Read More
A consignor must file a UCC-1 financing statement to perfect its security interest in proceeds of the consignee’s sale of consigned goods. Read More
A trial court does not abuse its discretion in denying class certification to a plaintiff in a suit challenging a hospital’s billing practices when any reasonable value determinations concerning the services provided to putative class members would substantially involve individual considerations regarding the patients' treatment, insurance, and charges. Read More
The relation-back doctrine will not save an architect or engineer malpractice action if the certificate of merit required by Code of Civil Procedure section 411.35 is filed after expiration of the statute of limitations. Read More
A no contest clause cannot apply to future amendments to the instrument containing the no contest clause unless the amendment itself contains a no contest clause or incorporates the original instrument's no contest clause by reference to that clause. Read More
To be timely, a judgment debtor’s application to recover contribution from a joint judgment debtor must be filed before the judgment creditor files an acknowledgment of full satisfaction of the judgment. Read More
A previously deceived consumer has standing to seek an injunction against false advertising or labeling, even though the consumer now knows or suspects that the advertising was false at the time of the original purchase, because the consumer may nonetheless suffer an “actual and imminent, not conjectural or hypothetical” threat of future harm. Read More
A plaintiff seeking to remand a case to state court cannot meet his or her burden of proving that at least 2/3rds or more of the class members are citizens of the home state when the plaintiff’s definition of the class makes it impossible to determine the class size. Read More
A plaintiff-employee in charge of his own department at his place of employment cannot order himself to return to work to invoke the special errand exception to the going-and-coming rule. Read More
A mesothelioma plaintiff raises a triable issue of fact by adducing expert testimony that the defendant’s product originated from a mine contaminated by asbestos. Read More
The National Labor Relations Board did not abuse its discretion in applying only prospectively its new standard according less deference to arbitrators’ findings in determining unfair labor practice charges; parties had detrimentally relied on the prior decades-old standard in litigating pending cases. Read More
Under the Labor Management Relations Act, a worker’s claim must be arbitrated if its resolution requires interpretation of the governing collective bargaining agreement; as here, where the worker’s waiting time penalty claim depended on whether his employment as a security guard was episodic or continuous. Read More
In a childhood sexual abuse case, the defendant may recover attorney fees, but only upon showing that the case was resolved on the merits and in the defendant’s favor. Read More
Later filed state court proceedings warrant Younger v. Harris abstention only when the district court proceedings are at an "embryonic stage." State statute requiring in-state incorporation to obtain license to conduct interstate business violates the dormant Commerce Clause, but First Amendment is not infringed by statutes requiring a disclosure that the existing lender did not sponsor or authorize third-party ads… Read More
An administrative law judge’s determination denying plaintiff worker compensation benefits for psychiatric injuries allegedly caused by employment discrimination or harassment precludes a later civil suit under the Fair Employment and Housing Act for the same alleged acts of employment discrimination or harassment. Read More
The Alcoholic Beverage Control Board does not have exclusive jurisdiction to resolve contract disputes between its licensees. Read More
An acute care hospital commits elder abuse when it operates on the elder patient without his consent or the consent of the person to whom he had given a durable power of attorney. Read More
When a party to a joint account dies, the surviving accountholder takes the account proceeds in preference to the deceased party’s estate unless there is clear and convincing evidence that the decedent had a different intent. Read More