Category: Business

Procedural Posture

Appellant partnership sought relief from orders of the Superior Court of Los Angeles County (California). The lower court granted respondents a partial summary judgment, a motion for nonsuit, and a motion for judgment on the pleading in appellant’s suit for breach of fiduciary duty, interference with contractual relations, and conspiracy to interfere with contractual relations. […]

Procedural Posture

Defendant car dealership challenged the decision of the Superior Court of Santa Clara County (California), which entered a judgment and punitive damages in favor of plaintiff car owner, in plaintiff’s action against defendant for fraudulent inducement concealment, negligence, breach of oral contract, and bad faith denial of contract. Overview Plaintiff car owner brought an action […]

Overview

HOLDINGS: [1]-Choice-of-law issues were not a basis for denying class certification on predominance and/or commonality grounds because California law should apply to all members of the former employee’s proposed class; the members were all California residents whose claims arose exclusively from work performed within the state; [2]-A class action was the superior method for resolving […]

Overview

The McCarran-Ferguson Act precluded plaintiff’s Fair Housing Act cause of action against an insurance company that alleged discrimination against minorities in the use of credit scores for underwriting because Texas state law had already answered those questions passing a statute that specifically authorized credit scoring subject to statutory limitations and regulatory standards enforced […]

Overview

HOLDINGS: [1]-In light of the completed eviction, the Panel was not in a position to provide the relief sought via the appeal from the TRO Denial Order. Accordingly, the appeal in BAP No. CC-13-1345 was equitably moot; [2]-The bankruptcy court did not abuse its discretion when it abstained from exercising jurisdiction over the First Adversary […]

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