An insurance exchange petitioned the Court of Appeal for a writ of mandate directing the trial court to set aside its order denying its motion for summary adjudication in its action for declaratory relief on the ground there was no potential for coverage under a homeowners insurance policy. The same insurer also issued the homeowners a […]
This One Goes Into Arbitration, Even The Request For An Injunction.
Plaintiffs allege a for-profit school misled prospective students in order to entice enrollment by misrepresenting the quality of education, its accreditation, the career prospects for its graduates and the actual cost of education. In their action, plaintiffs pray for both damages and injunctive relief. Pursuant to the school’s petition, based upon arbitration agreements contained in its […]
No Authority To Sign Here Either. And BTW Who’s Looking After Mom?
An 88 year old woman patient in a skilled nursing facility was hospitalized after a stroke. She woke up one night with her catheter removed, her call button unplugged, her gown off, an unknown male assistant looking down on her naked body and saying to her “This is why I love my job.” The woman […]
No Authority To Sign Arbitration Agreement.
On behalf of her deceased husband, a wife sued the operators of two skilled nursing facilities for wrongful death of her husband and various torts. The two defendants petitioned the court to send the matter into arbitration based upon an arbitration agreement signed by the wife. The trial court found the wife did not have authority […]
Ralphs Grocery Company’s Arbitration Agreement Found Unconscionable.
In her application for employment at a grocery chain, a woman signed an agreement to arbitrate any disputes. One of the provisions permits the grocery chain to unilaterally modify its arbitration policy without notice. Another specifies that each party must bear its own costs and fees. Another provides for a complicated procedure for selecting an arbitrator. […]
The Feres Doctrine Strikes Again.
The doctor of a pregnant servicewoman created a pregnancy profile for her, which imposed a number of restrictions on her activities such as “not carry and fire weapons, move with ‘fighting loads,’ engage in heavy lifting or physical training testing, or run/walk long distances.” Her supervisors ignored her pregnancy profile. She underwent an emergency procedure in […]
Punitive Damages In Sexual Harassment Case.
In an Arizona sexual harassment case, a woman worked for a large mining and refining company. Her supervisor refused to train or help her when she refused his romantic overtures. He is six feet, two inches and weighs 350 pounds and would stand very close to her; she was afraid he would rape her. She complained […]
Fundamental Fairness And Your Tax Dollars At Work.
Undercover agent met with defendants with a story he was a cocaine courier who transported drugs for a group of Mexican drug dealers and was unhappy with the pay he was receiving. He said he was interested in robbing those Mexican drug dealers as retribution for his low pay. He recruited defendants to carry out an […]
Class Action Fairness Act Case Properly Removed.
In 2011, 137 named plaintiffs brought an action against 25 financial institutions in state court for deceptive mortgage lending, asserting various causes of action, including violation of the Class Action Fairness Act of 2005 [CAFA; Pub.L. No. 109-2, 119 Stat.4 (2005)]. Relying on the Class Action Fairness Act and 28 U.S.C. § 1332 (d)(11)(B)(i), one of the defendants […]
Demand Futility In A Shareholder Derivative Action Not Adequately Alleged.
Plaintiff filed a shareholder derivative action against officers and directors of a publicly traded company incorporated in Delaware. The trial court sustained his demurrer without leave to amend for failure to allege facts to allege demand futility with the particularity required by Delaware law. The appellate court affirmed, stating that “plaintiff failed to plead particularized facts […]
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