News

Case Summaries

Administrative Law

[05/08] Air Line Pilots Ass'n v. Nat'l Labor Relations Bd.
In proceedings arising after the NLRB brought a complaint alleging that, by attempting to enforce certain provisions of a collective bargaining agreement with DHL Airways, petitioner-pilots' association had committed unfair labor practices, the association's petition for review of a finding that its conduct violated the National Labor Relations Act is granted where, under the analysis of Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, the NLRB did not have jurisdiction over this Railway Labor Act dispute.

[05/08] Charles A. Pratt Constr. Co., Inc. v. California Coastal Comm'n
In an action wherein plaintiff attempted to set aside a decision by the California Coastal Commission denying a coastal development permit under the California Coastal Act, and sought for damages on regulatory taking grounds, judgment denying a petition for writ of administrative or ordinary mandate and dismissing plaintiff's taking claim as unripe is affirmed where: 1) the agency had the ultimate authority to ensure that coastal development conformed to the policies embodied in the state's Coastal Act; 2) the agency's reasons for denying the permit were well supported by the record; and 3) the agency only issued one formal decision which neither foreclosed the question of what development will be allowed, nor precluded plaintiff from submitting other development plans.

[05/08] Guardian Pipeline, LLC v. 950.80 Acres of Land
In a condemnation action under 15 U.S.C. section 717f(h) involving the construction of a natural-gas pipeline, the ruling below is affirmed over appellants'-owners challenge where: 1) 28 U.S.C. section 455 does not apply to commissioners; 2) assuming that the section would apply, the commissioner would not be disqualified since disqualification is case specific; 3) the court would not consider an allegation of impropriety under section 455(a) since it was not raised until after the commission had made a decision; and 4) there was no abuse of discretion in the use of expert testimony since the commission's report addresses the strengths and weaknesses of the witnesses.

More...

Injury & Tort Law

[05/07] Family Home & Fin. Ctr, Inc. v. Fed. Home Loan Mortgage Corp.
In mortgage broker's action raising claims against Freddie Mac for intentional interference with contract, unfair competition under California state law, and defamation, summary judgment and a related ruling for Freddie Mac are affirmed where: 1) the intentional interference claim failed as there was no admissible evidence that Freddie Mac influenced or caused another party to terminate its mortgage broker contract with plaintiff, intentionally or otherwise; 2) Freddie Mac's placement of plaintiff on its "Exclusionary List" did not constitute unfair competition; 3) for purposes of the defamation claim, plaintiff failed to show malice to defeat the Common Interest Privilege; and 4) there was no abuse of discretion in denying a request to defer ruling on summary judgment.

[05/07] Serrano v. Stefan Merli Plastering Co., Inc.
Code of Civil Procedure section 2025.510, subdivision (c), and the court's inherent authority to control its ministerial officers and other persons connected with a judicial proceeding in furtherance of justice, authorize the court to require a deposition reporter to provide a copy of a deposition transcript to a non-noticing party in a pending action for a reasonable fee which, in the absence of an agreement between the interested parties, may be set by the court upon a proper evidentiary showing.

[05/06] Hadley v. Gutierrez
In a 42 U.S.C. section 1983 action involving excessive force claims against defendants-police officers, an order denying defendants' motion for summary judgment seeking qualified immunity is reversed in part where the district court erred in: 1) refusing to grant one defendant qualified immunity on plaintiff's excessive force claim; and 2) refusing to grant qualified immunity to both defendants on plaintiff's conspiracy claim.

More...

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.

More...