At least when a directors and officers liability policy provides a defense on appeal, its provision requiring reimbursement of defense costs upon a “final determination” the insured was guilty of willful misconduct applies only after completion of the appeal. Read More
If a suit is dismissed on forum non conveniens grounds, the defendant is not entitled to an attorney fee award as the prevailing party, at least if the plaintiff can and does re-file suit in the other forum. Read More
Because a county charged admission for entry into a campground located inside a county-owned park, and PG&E maintained a power line to the campground’s bathroom, PG&E could not claim immunity for injuries suffered by the public in connection with the bathroom—even though PG&E received no portion of the campground fee. Read More
Under 28 USC § 3304(a), the federal government may void as fraudulent any transfer made by a debtor who does not receive equivalent value, and a judgment debtor’s disclaimer of an inheritance fits that definition. Read More
A minor living with his parents in a San Francisco apartment is not a tenant entitled under a city ordinance to a $4,500 relocation payment when the landlord stops renting the apartment. Read More
The trial court’s finding that plaintiffs were exempt administrative employees, not entitled to overtime pay, was supported by substantial, properly admitted evidence showing plaintiffs spent more than 50% of their work time on administrative tasks. Read More
Proceedings in non-bankruptcy courts to enforce sanctions against the debtor for litigation misconduct—including, as here, discovery sanctions—are exempt from the automatic stay. Read More
Bankruptcy courts should use federal choice-of-law rules to determine which state’s law to apply (such as, here, which statute of limitations is applicable). Read More
A federal appellate court reviews a district court’s decision to enforce or quash an administrative subpoena for abuse of discretion. Read More
A federal appellate court has jurisdiction over claims against an appellee not named in the notice of appeal if the opening brief shows the appellant challenges portions of the judgment affecting that appellee. Read More
The federal Copyright Act preempts plaintiffs’ claims under California's right to publicity law arising from non-commercial use and publication of copyrighted photographs of plaintiffs taken by third parties. Read More
Borrowers’ Fair Debt Collection Practices Act claims arising from non-judicial foreclosure actions were properly dismissed, except for claim under 15 USC § 1692f(6) for threatening foreclosure when no right to foreclose existed. Read More
A subcontractor need not indemnify a general contractor for liability arising from the general contractor’s own active negligence but must indemnify for added liability the general contractor incurs in the same action as a joint tortfeasor for injury caused by other tortfeasors’ acts. Read More
Under California’s conflicts of law rules, California law governed execution of a judgment on the husband’s guaranty against the Arizona couple’s jointly owned San Francisco apartment. Read More
Employer’s Anti-SLAPP motion was properly granted in response to terminated CEO’s defamation claim, since the allegedly defamatory press release stated only that a third party investigation of allegations against the CEO had been undertaken and that he was terminated as a result of that investigation. Read More
New York statute forbidding retail sellers from charging higher-than-stated prices to customers who pay with credit cards must satisfy the First Amendment test for regulations of commercial speech. Read More
No supersedeas bond is needed to stay enforcement of a money judgment on appeal if the appellant pays any damages the judgment awards and appeals only the judgment’s award of attorney fees and costs. Read More
A contract providing for waiver of the discovery rule’s tolling of the limitations period is enforceable if the contract is between sophisticated parties. Read More
Substantial evidence supported the trial court's finding that a member of a nonprofit mutual benefit corporation sought the corporate records for an improper purpose, and since he requested the records as a solo member of the corporation, the corporation was not required to seek a court order barring him from accessing them; rather the burden of seeking court relief lay… Read More
Although a subsidiary's contacts cannot by themselves give rise to general personal jurisdiction over the parent company under an agency theory, the subsidiary's contacts might suffice if parent and subsidiary were alter egos; but in this case, plaintiffs did not allege facts supporting an alter ego relationship, so personal jurisdiction did not attach Read More
