Plaintiff filed a class action against eBay, alleging violation of California’s unfair competition laws and intentional interference with prospective business advantage. The federal district court dismissed the case. eBay uses an auction system whereby the bidder submits the maximum amount he is willing to pay and eBay’s software enters bids on behalf of the bidder at predetermined […]
Access To Emails Of Public Officials & Employees On Their Private Accounts.
A man asserted a right to inspect specified written communications, including email and text messages, sent to or received by public official and employees on their private electronic devices using their private accounts. The appellate court said the issue is whether those private communications, which are not stored on City servers and are not directly […]
Diversity Issue: A National Bank Is Located Where Its Main Office Is.
Plaintiffs, citizens of California, filed an action against a bank in the California superior court. The bank’s main office is in South Dakota and its principal place of business is in California. The bank removed the action to a federal district court, asserting subject matter jurisdiction on the basis of federal questions and diversity of […]
Same Gender Sexual Harassment.
Plaintiff, a heterosexual man, worked for a city, and filed an employment action, contending he was sexually harassed by two of his male supervisors and then retaliated against when he complained about the sexual harassment. The trial court granted summary judgment in favor of the two supervisors and later granted the city’s motion for judgment […]
Two Issues Decided: 1) Sophisticated User Doctrine Not A Complete Defense To Plaintiff’s Failure To Warn Claim; 2) Punitive Damages Issue To Go To Jury.
Plaintiff developed mesothelioma after being exposed to asbestos from brake and clutch repairs while operating services stations for 40 years. He brought an action against multiple defendants, alleging several causes of action. The matter proceeded to trial against Ford Motor Company only. A jury rendered a plaintiff’s verdict on negligence and product liability claims, and […]
Plaintiff Not Permitted To Voluntarily Dismiss To Avoid Adverse Decision.
Plaintiff’s opposition to a demurrer was filed late, and the court gave plaintiff two choices: (1) the court would strike the opposition and go ahead with the hearing; or (2) the court could continue the hearing and order plaintiff to pay any costs incurred as a result of the continuance plus attorney fees and have […]
Unfair Competition Action Decided By U.S. Supreme Court.
Plaintiff sells the only style of toner cartridges that work with the company’s laser printers, but ‘remanufacturers’ acquire and refurbish used plaintiff’s cartridges to sell in competition. Thus, plaintiff gives its customers a discount on new cartridges if they agree to return empty cartridges to plaintiff. Each cartridge has a microchip that disables the empty […]
Kids Burning Bridges Behind Them.
After admitting he smoked marijuana shortly before coming to school, a student was transferred to a continuation high school during his senior year. He sought a writ of administrative mandate in the superior court, which the court denied. On appeal, he contended Education Code section 48432.5 demands reasonable exhaustion of all other means of correction […]
Two Issues: Substantial Factor Analysis In Product Case And Whether There Should Be A Setoff Due To Potential For Future Settlements.
Plaintiffs’ decedent died from mesothelioma caused by asbestos exposure. After trial, a jury found defendant was ten percent (10%) responsible for plaintiffs’ damages. On appeal, defendant argued: (1) plaintiffs failed to introduce expert testimony that defendant’s asbestos alone (as opposed to acting in combination with others’ asbestos) constituted a substantial factor in the development of […]
Component Parts Doctrine.
In the underlying action, plaintiffs, husband and wife, asserted claims against defendants for injuries to husband allegedly resulting from his decades-long work as a mold maker and machine operator at a foundry. While employed, the husband worked with and around metals, plaster and minerals supplied by defendants. Plaintiffs’ complaint for negligence, negligence per se, strict liability, […]
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