A district court may abstain under the Colorado River doctrine only in extraordinary circumstances, not in an ordinary diversity action seeking damages and rescission under settled principles of state law. Read More
Relators stated an actionable False Claims Act claim for fraud against defendant drug manufacturer, claiming that defendant had obtained a key active ingredient for HIV antiretroviral drugs it sold to the U.S. government from unapproved Chinese factories and that the improperly sourced ingredient was adulterated. Read More
Plaintiff's medical malpractice suit was untimely, having been filed more than a year after discovery of the malpractice; formal CCP 364 pre-suit notice from her attorney did not extend the limitations period since plaintiff had already sent her own letter which operated as a pre-suit notice despite not being intended as such. Read More
In the trademark context, “reverse confusion” is a legal theory, not a separate claim, and so it can be raised in opposition to summary judgment even though it was not separately alleged in the complaint. Read More
Newspaper home delivery carriers were properly found to be employees, covered by Labor Code wage, hour, and expense reimbursement provisions, not independent contractors. Read More
A party waives any challenge to permit conditions by building the permitted structure, thus accepting the permit’s benefits and incurring its burdens. Read More
Bank’s home loan underwriter was not an exempt “administrative” employee for purposes of the Fair Labor Standards Act and hence was entitled to overtime compensation. Read More
Gas station’s insurance policy, which insured against collapse but not settling, cracking, shrinkage or expansion, did not cover needed repairs after the outer shell of the insured’s underground gas storage tank split open but inner steel lining remained intact. Read More
An employer owed no duty of care to an employee’s steady, non-live-in girlfriend to protect against transmission of asbestos dust on employee’s clothing; gas station, which did occasional car repairs, was not sufficiently in the stream of asbestos-containing products so as to incur strict liability for those products. Read More
Plaintiff’s asbestos-caused mesothelioma claim accrued when she received that diagnosis; her government claim, filed 10 months later, was untimely, so her suit was dismissed. Read More
An insurer was not entitled to summary judgment on its rescission defense based on false answers to its insurance application questions, since the questions were ambiguously worded and the answers were arguably accurate under one reasonable interpretation of the questions; also, a defendant gives sufficient notice of its intent to rescind a contract on which the plaintiff sues by alleging… Read More
Employee who prevailed in suit for nonpayment of wages or benefits was not entitled to an attorney fee award under Labor Code 218.5 because his complaint did not clearly seek a fee award under that statute. Read More
Jury verdict for defendant on strict liability/duty to warn was fatally inconsistent with verdict against defendant on negligent failure to warn, requiring retrial of suit by a plaintiff who contracted a rare skin disease from taking ibuprofen. Read More
Given the clear chain of title leading to deed of trust and one defendant’s status as its trustee, foreclosing defendants were justified in their good faith belief in their right to foreclose; so recording of foreclosure-related documents was privileged activity, and no viable cause of action could arise therefrom. Read More
District court erred in dismissing plaintiff’s employment discrimination suit even though it had become moot, since plaintiff could still receive nominal damages and have his dignity interest vindicated even though he no longer worked for employer. Read More
American Pipe tolling, an equitable doctrine, cannot override the Securities Act’s explicit three-year statute of repose. Read More
Defendant NCAA was entitled to summary judgment in lawsuit challenging its policy of banning anyone with a felony conviction from coaching at an NCAA-sponsored tournament, since the policy furthered the NCAA's legitimate interest in avoiding harm to minors who participated in its tournaments and avoiding liability for that harm. Read More
A state cannot refuse to list two same sex spouses as the two parents on their child’s birth certificate. Read More
A state violated the First Amendment’s establishment clause by denying church schools subsidies provided other schools for playground improvements. Read More
Independent contractors hired by public entities are subject to Government Code section 1090’s ban on conflicts of interest in public contracting if the contractor’s duties include engaging in or advising about public contracting. Read More
