Case Summaries
Family Law
Injury & Tort Law
Elder Law
Property Law & Real Estate
Workers' Comp
Family Law
[05/15]
In re Marriage Cases
In an action challenging California's ban on gay marriage, the state Supreme Court rules that the California Constitution must be interpreted to guarantee the fundamental constitutional right to form a family relationship to all Californians, whether gay or heterosexual, and to same-sex couples as well as to opposite-sex couples. The laws at issue are unconstitutional to the extent each statute reserves the designation of "marriage" exclusively to opposite-sex couples and denies same-sex couples access to that designation. The purpose underlying differential treatment of opposite-sex and same-sex couples embodied in California's current marriage statutes, the interest in retaining the traditional and well-established definition of marriage, is not a compelling state interest for purposes of the equal protection clause.
[05/12]
In re Marriage of Holtemann
In a dispute about the legal effect of a spousal property transmutation agreement executed during marriage, judgment finding the underlying agreement effectuated a transmutation of husband's separate property into community property is affirmed where: 1) the unambiguous language in the parties' agreement evinced that the husband intended to, and did transmute his separate property; 2) nothing in the record suggested that the husband was misinformed or misled in light of the requisite express, unequivocal declarations of transmutations; and 3) his arguments for disparate treatment of his express declarations of transmutation based on his lack of separate counsel were unavailing, as he was fully advised of the consequences of failing to secure separate counsel, yet chose to proceed.
[05/09]
Baran v. Beaty
In a case involving a mother who removed her minor son from Australia, denial of father's petition for return of the minor pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act of 1988 is affirmed where: 1) based on evidence of the father's propensity for violence, the district court did not err in concluding that returning the minor to Australia would expose him to a grave risk of psychological harm; and 2) because the court was not presented with any proposed undertakings that could ameliorate the risk of harm to the child under the circumstances presented, the court did not abuse its discretion in denying the petition for return.
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Injury & Tort Law
[05/16]
Brittingham v. GMC
In a negligence and intentional misconduct case, summary judgment for defendants and denial of a motion to remand the case to state court is vacated and remanded where: 1) there was no federal preemption under section 301 of the Labor Management Relations Act because the collective bargaining agreement (CBA) did not impose a duty on defendant to conduct pre-employment examinations and disclose information; and 2) the district court did not have subject matter jurisdiction over the action since the plaintiff's claims were rooted in state law independent of the CBA.
[05/16]
Reese v. Herbert
In a 42 U.S.C. section 1983 action for damages wherein plaintiff alleged various claims of police misconduct in arresting him, order denying plaintiff's motion to leave to file a second amended complaint and disallowing an expert witness affidavit is affirmed, but summary judgment for defendant on basis of qualified immunity is reversed where: 1) the additional utility extracted from reviewing defendants' records and consulting an expert did not justify plaintiff's delay in seeking leave to amend; 2) the expert affidavit was properly excluded, as plaintiff's failure to comply with Fed. R. Civ. Pro. 26 was both unjustified and harmful to the defendants; but 3) the district court erred by failing to review the full record on summary judgment and misapplied the legal standards for summary judgment.
[05/14]
Ericson v. Fed. Express Corp.
In a premises liability tort action arising from a third-party's assault and robbery incident in defendant's parking lot, summary judgment for defendant is affirmed where: 1) the third-party assault was not foreseeable under even the "regular reasonable forseeability" test; and 2) the negligent undertaking doctrine was inapplicable.
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Elder Law
[05/13]
Cao v. Commonwealth of Puerto Rico
In an action wherein plaintiff sought recovery under 42 U.S.C. section 1983 for alleged constitutional violations along with several state law causes of action after she was removed from her home, made to undergo a psychological evaluation, and placed in a state institution for the elderly, dismissal of plaintiff's complaint is affirmed where: 1) the district court properly dismissed plaintiff's section 1983 claim as untimely; and 2) with no federal cause of action remaining, the district court acted within its discretion in declining to exercise supplemental jurisdiction over remaining state law claims.
[05/05]
Miller v. Am. Airlines, Inc.
In a suit against American Airlines under the Age Discrimination in Employment Act (ADEA), summary judgment for defendants is affirmed where: 1) a collective bargaining agreement did not require that plaintiffs be offered positions of comparable pay past the retirement age; 2) a claim, that a supplement to the collective bargaining agreement governing the retirement of flight engineers was facially discriminatory, was not properly raised before the EEOC.
[03/11]
Budnick v. Town of Carefree
In an action raising, inter alia, a claim that defendant-town violated the Fair Housing Amendments Act of 1988 (FHAA) by denying plaintiffs a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in the town, summary judgment against plaintiffs on the FHAA claim is affirmed where plaintiff failed to establish a discrimination claim under any of the theories of disparate treatment, disparate impact, or a failure to make reasonable accommodations. Potential residents of a retirement community do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age.
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Property Law & Real Estate
[05/16]
General Auto Serv. Station v. City of Chicago
In a 42 U.S.C. section 1983 action against the City of Chicago over the removal of an advertising sign, judgment for defendant is affirmed where: 1) as plaintiff's predecessor failed to obtain certain requisite permits in the 1960s and 70s, the sign was not a legal land use that gave rise to a protected property interest; 2) absent such a vested property right, a substantive due process challenge to zoning ordinance amendments failed; 3) plaintiff failed to show how the First Amendment was implicated by the content-neutral provisions of a grandfather provision; and 4) a procedural due process claim was waived.
[05/14]
Stroman Realty, Inc. v. Antt
An order enjoining California and Florida from applying their licensing and regulatory requirements on a Texas-based real estate broker is reversed and dismissed where: 1) personal jurisdiction over California did not arise from merely having sent cease and desist orders to the Texas Real Estate Commission; and 2) personal jurisdiction over Florida did not arise from the state's contact with the Texas Attorney General's Office in order to obtain information on the plaintiff for a suit in Florida.
[05/14]
Ericson v. Fed. Express Corp.
In a premises liability tort action arising from a third-party's assault and robbery incident in defendant's parking lot, summary judgment for defendant is affirmed where: 1) the third-party assault was not foreseeable under even the "regular reasonable forseeability" test; and 2) the negligent undertaking doctrine was inapplicable.
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Workers' Comp
[05/06]
Steed v. Astrue
Denial of social security disability and supplemental security income benefits is affirmed where: 1) substantial evidence supported a finding that claimant retained the capacity to perform light work and suffered only mild degenerative changes to her back; and 2) the ALJ did not err in its evaluation of medical evidence or in discounting claimant's credibility.
[04/30]
Antelope Valley Press v. Poizner
In a case considering whether, for purposes of worker's compensation insurance, persons who made deliveries of newspapers for a newspaper publisher were independent contractors or employees, the court of appeals finds that the specific facts of this case and relevant case law supported a conclusion that the carriers were employees, and not independent contractors.
[04/29]
Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.
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