FindLaw Opinion Summaries - Civil Procedure

Daily civil procedure case summaries, brought to you by FindLaw.com.

Ashmore v. CGI Group, Inc.

(United States Second Circuit) - The appeal of a whistleblower's dismissal as plaintiff and attempt to substitute another party was dismissed for lack of jurisdiction where the dismissal and substitution actions related to interlocutory orders that are not immediately appealable.
Posted: June 21, 2017, 8:00 am

Monster, LLC v. Beats Electronics, LLC

(California Court of Appeal) - In a petition for writ of mandate in an underlying tort action in which Monster alleged that Beats Electronics engaged in fraud to deprive them of interest in the company, and the headphone manufacturer filed cross-claims for breach of contract and argued that the court, rather than a jury, could determine the amount of damages, the petition is granted where defendant is entitled to a jury trial on the issue of attorney's fees.
Posted: June 21, 2017, 8:00 am

SJJC Aviation Services v. City of San Jose

(California Court of Appeal) - In a case involving an airport lease and operating agreement, brought by a company alleging that the city had a flawed bidding process, the trial court's denial of plaintiff's leave to amend its petition and complaint is affirmed.
Posted: June 20, 2017, 8:00 am

Nexlearn LLC v. Allen Interactions Inc.

(United States Federal Circuit) - In a suit alleging patent infringement and breach of contract the court affirmed the dismissal of the complaint for lack of personal jurisdiction, finding that a plaintiff must establish personal jurisdiction regardless of a choice-of-law provision in an allegedly breached contract, where the breach of contract claim was supplemental to to the patent infringement claim.
Posted: June 19, 2017, 8:00 am

Bristol-Myers Squibb Co. v. Superior Court of Cal., San Francisco Cty.

(United States Supreme Court) - In a suit brought by plaintiffs, most of whom are not California residents, against Bristol-Myers Squibb Company (BMS) in California state court, alleging that the pharmaceutical company's drug Plavix had damaged their health, the Supreme Court of California's judgment concluding that BMS's 'wide ranging' contacts with the State were enough to support a finding of specific jurisdiction over the claims brought by the nonresident plaintiffs, is reversed where California courts lack specific jurisdiction to entertain the nonresidents' claims.
Posted: June 19, 2017, 8:00 am

Hilliard v. Harbour

(California Court of Appeal) - In an elder's suit alleging defendants took or assisted in taking his property for wrongful use, with intent to defraud, or by undue influence, in violation of Welfare and Institutions Code section 15610.30(a)(1)(2), a provision of the Elder Abuse and Dependent Adult Civil Protection Act, the trial court's judgment sustaining defendant's demurrer without leave to amend is affirmed where plaintiff lacked standing to bring this individual action.
Posted: June 16, 2017, 8:00 am

Irrera v. Humpherys

(United States Second Circuit) - In a suit brought by a graduate student at a music school, alleging a claim of retaliation for complaining of sexual harassment by a teacher, the district court's grant of defendants' motion to dismiss the complaint for failure to state a claim on which relief can be granted, Fed. R. Civ. P. 12(b)(6), is vacated in part where, at this stage in the pleading, it was error to dismiss.
Posted: June 15, 2017, 8:00 am

Ryan v. Rosenfeld

(Supreme Court of California) - In an appeal involving Code of Civil Procedure section 663, which allows an aggrieved party in a civil case to move the trial court to vacate its final judgment, the Court of Appeals' decision dismissing the motion under section 663 is vacated where, pursuant to the holding in Bond v. United Railroads (1911) 159 Cal. 270, 273, an order denying a motion under section 663 is appealable even if it raises issues that could have been litigated via an appeal of the judgment.
Posted: June 15, 2017, 8:00 am

The Rossdale Group v. Walton

(California Court of Appeal) - In a suit alleging a violation of the Consumer Legal Remedies Act, Civil Code sections 1750 et seq, the trial court's dismissal of the suit by granting a motion for judgment on the pleadings with prejudice is reversed where neither standing nor jurisdiction was implicated by defendant's motion.
Posted: June 15, 2017, 8:00 am

BPP Illinois v. Royal Bank of Scotland Grp. PLC

(United States Second Circuit) - In a suit brought by a group of hotel-related businesses, along with their investor and guarantors, alleging fraud claims against a bank and its subsidiaries, the district court's dismissal of the fraud claims is affirmed where the because plaintiffs failed to list their cause of action in a schedule of assets in their now-concluded bankruptcy proceeding, they are barred on judicial estoppel and timeliness grounds.
Posted: June 13, 2017, 8:00 am

Microsoft Corp. v. Baker

(United States Supreme Court) - In a putative class action alleging a design defect in defendant's Xbox 360 video game console, in which the District Court struck plaintiffs' class allegations from the complaint and denied permission to appeal that order under Rule 23(f), the Ninth Circuit's judgment, holding that it had jurisdiction and that the District Court's rationale for striking plaintiffs' class allegations was an impermissible one, is reversed where Federal courts of appeals lack jurisdiction under section 1291 to review an order denying class certification (or, as here, an order striking class allegations) after the named plaintiffs have voluntarily dismissed their claims with prejudice.
Posted: June 12, 2017, 8:00 am

SolarCity Corp. v. Salt River Agricultural Improvement and Power Dist.

(United States Ninth Circuit) - In an antitrust lawsuit alleging a power district had attempted to entrench its monopoly by setting prices that disfavored solar-power providers, defendant's appeal of the district court’s order, denying its motion to dismiss the suit based on the state-action immunity doctrine, is dismissed for lack of jurisdiction where the collateral order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity.
Posted: June 12, 2017, 8:00 am

McKeague v. One World Technologies, Inc.

(United States First Circuit) - In an appeal arising out of a personal injury case alleging design defect, in which the plaintiff's two lawyers did nothing to prosecute the plaintiff's claims within generous deadlines, received a second chance, and then failed to oppose a pending motion for summary judgment, the district court's refusal to grant yet another reprieve is affirmed where it did not abuse its discretion, because given the failure of plaintiff's lawyers to prosecute his claim and their repeated flouting of reasonable deadlines, the district court demonstrated a reasonable sense of nuance in doing the necessary balancing.
Posted: June 8, 2017, 8:00 am

Wyandot Nation of Kansas v. US

(United States Federal Circuit) - In an action brought by a Tribe alleging that the United States had breached its trust and fiduciary obligations with respect to two trusts that resulted from prior treaties, including one related to amounts payable under a treaty signed in 1867 and one related to the Huron Cemetery, the Court of Federal Claims' dismissal without prejudice is affirmed where there is a lack of jurisdiction and standing.
Posted: June 8, 2017, 8:00 am

Casiopea Bovet, LLC v. Chiang

(California Court of Appeal) - In an action challenging the California State Controller denying its claim seeking unclaimed property held as escheated funds, the trial court's judgment on the pleadings granted in favor of the Controller is affirmed where plaintiff could not claim escheated property under the Unclaimed Property Law, Code of Civ. Proc. section 1500 et seq., as an assignee of a title company because it was a suspended corporation, Rev. & Tax. Code section 23301, which lacked legal capacity to prosecute an action.
Posted: June 7, 2017, 8:00 am

Maine Council of the Atlantic v. National Marine Fisheries

(United States First Circuit) - In an action brought under the Administrative Procedure Act (APA) seeking review of two biological opinions issued to the Federal Energy Regulatory Commission (FERC) by the National Marine Fisheries Service evaluating requested modifications of licenses to operate hydropower dams, the district court's dismissal for lack of jurisdiction is affirmed where jurisdiction is lacking.
Posted: June 6, 2017, 8:00 am

Town of Chester v. Laroe Estates, Inc.

(United States Supreme Court) - In a land development dispute brought by a developer-plaintiff against a Town, claiming that the Town had obstructed his plans for a subdivision and asserting a regulatory takings claim under the Fifth and Fourteenth Amendments, the Second Circuit's judgment reversing the District Court's denial of a motion to intervene filed by a real estate development company holding an equitable interest in the subdivision, is vacated where a litigant seeking to intervene as of right under Rule 24(a)(2) must meet the requirements of Article III standing if the intervenor wishes to pursue relief not requested by a plaintiff.
Posted: June 5, 2017, 8:00 am

Guan v. Hu

(California Court of Appeal) - In a suit alleging breach of contract and fraud-based claims, the trial court's judgment in favor of plaintiff is reversed where its interpretation of Civil Code section 1692,1 which purportedly allowed it under these circumstances to 'adjust the equities' between the parties, was flawed.
Posted: June 2, 2017, 8:00 am

John v. Whole Foods Mkt. Grp., Inc.

(United States Second Circuit) - In a putative class action alleging that New York City grocery stores operated by Whole Foods Market-defendant systematically overstated the weights of pre‐packaged food products and overcharged customers as a result, the district court's grant of defendant's motion to dismiss plaintiff's complaint for lack of Article III standing because he failed to allege a sufficient injury in fact, is vacated where plaintiff plausibly alleged an injury in fact.
Posted: June 2, 2017, 8:00 am

Full Spectrum Software, Inc. v. Forte Automation Systems, Inc.

(United States First Circuit) - In a medical software services contract dispute between two businesses, alleging claims are for breach of implied contract and violation of Mass. Gen. Laws ch. 93A, the district court's judgment in favor of plaintiff is affirmed where: 1) the evidence in the record suffices to sustain the jury's verdict and chiefly concerns the scope of the Massachusetts catch-all consumer protection statute, chapter 93A; and 2) plaintiff had a right to have its chapter 93A claim for damages tried by a jury in federal court.
Posted: June 2, 2017, 8:00 am

Preston v. Nagle

(United States Federal Circuit) - In a dispute alleging state law and patent infringement claims initially filed in state court, in which the district court remanded the action back to state court for a lack of subject-matter jurisdiction, the appeal is dismissed where 28 U.S.C. section 1447(d) bars review of the district court's decision to remand.
Posted: June 1, 2017, 8:00 am

Raymond Loubier Irrevocable Trust v. Noella Loubier

(United States Second Circuit) - In an inheritance dispute pertaining to the assets of the deceased, as conveyed to various revocable and irrevocable trusts in the deceased's name and that of his wife, the district court's dismissal of the complaint based on lack of subject matter jurisdiction is vacated and remanded where, because the plaintiff trusts are traditional common law fiduciary agreements, and, further, because they are not separate juridical entities under the relevant state law of Florida, the citizenship of their trustees controls a diversity determination.
Posted: June 1, 2017, 8:00 am

Cal. Taxpayers Action Network v. Taber Construction

(California Court of Appeal) - In a reverse validation action under Code Civ. Proc. section 863 challenging the propriety of school districts' use of lease-leaseback agreements in contracting for construction or improvement of school facilities, the trial court's judgment sustaining defendants' demurrer is: 1) reversed in part as to the conflict of interest claim where plaintiff has stated a claim of conflict of interest against the construction company-defendant sufficient to withstand a demurrer; but 2) otherwise affirmed.
Posted: May 31, 2017, 8:00 am

Heimlich v. Shivji

(California Court of Appeal) - In an appeal involving the recoverability of costs available under Code of Civil Procedure section 998 following an American Arbitration Association (AAA) award that denied requests by both sides for damages, costs, and attorney fees, in an underlying action filed by an attorney seeking unpaid fees from his client, the trial court's order confirming the arbitration award is reversed where Client timely presented his section 998 claim for costs to the arbitrator, the arbitrator should have reached the merits of that claim, and the arbitrator's refusal to hear evidence of the section 998 offer warranted partially vacating the arbitration award.
Posted: May 31, 2017, 8:00 am

Ogunsalu v. Super. Ct.

(California Court of Appeal) - In a case involving the temporary suspension of petitioner's teaching credential by the California Commission on Teacher Credentialing, the court holds: 1) the vexatious litigant prefiling requirements of Code of Civil Procedure section 391.7 apply to a self-represented litigant, previously declared a vexatious litigant, who filed a writ of mandate proceeding in the superior court to challenge the denial of his request to continue an administrative proceeding where the vexatious litigant was the respondent in the administrative proceeding; and thus 2) the trial court correctly subjected the vexatious litigant to the prefiling requirements of section 391.7. However, the petition is dismissed as moot because subsequent events have rendered effective relief impossible.
Posted: May 31, 2017, 8:00 am

BNSF Railway Co. v. Tyrrell

(United States Supreme Court) - In a suit brought in Montana state court under the Federal Employers' Liability Act (FELA), 45 U.S.C. section 51 et seq., which makes railroads liable in money damages to their employees for on-the-job injuries, the Montana Supreme Court's decision that Montana courts could exercise general personal jurisdiction over the railroad defendant, because the railroad 'did business' in the State within the meaning of 45 U.S.C. section 56, is reversed where section 56 does not address personal jurisdiction over railroads.
Posted: May 30, 2017, 8:00 am

Chango Coffee, Inc. v. Applied Underwriters, Inc.

(California Court of Appeal) - In an appeal of the trial court's order denying defendant's renewed petition to compel arbitration, pursuant to Code of Civil Procedure section 1008(b), in an underlying complaint for breach of contract, conversion and fraud against the provider of payroll services, the appeal is dismissed where an order denying a renewed motion or application under section 1008(b) is not appealable under Tate v. Wilburn (2010) 184 Cal.App.4th 150.
Posted: May 26, 2017, 8:00 am

Corona-Contreras v. Gruel

(United States Ninth Circuit) - In action alleging breach of contract and legal malpractice, the district court's decision remanding the case to state court is reversed where the court exceeded its authority under 28 U.S.C. section 1447(c) in sua sponte ordering a remand based on a procedural defect in the removal from state court.
Posted: May 26, 2017, 8:00 am

Reich v. Lopez

(United States Second Circuit) - In a suit brought by a consulting firm specializing in fighting government corruption against a Venezuelan energy company, alleging plaintiffs were victims of an effort to discredit them by persons connected to a Venezuelan energy company that was in litigation with one of plaintiff's clients, the district court's dismissal of plaintiff's RICO and state law claims against the principals of the Venezuelan energy company is affirmed where dismissal of the RICO claims under Rule 12(b)(6) was proper because plaintiff failed to allege that the defendants engaged in a 'pattern of racketeering activity.'
Posted: May 26, 2017, 8:00 am

Dhillon v. John Muir Health

(Supreme Court of California) - In a dispute between a physician and his hospital employer, involving the application of the general rule of Code Civ. Proc. section 904.1, when a trial court has granted a petition for writ of administrative mandamus and remanded the matter for proceedings before an administrative body, the Court of Appeal's dismissal of the appeal is reversed where: 1) although the issuance of the writ did not definitively resolve the dispute between the parties, it did mark the end of the writ proceeding in the trial court; and thus 2) the court's order is an appealable final judgment.
Posted: May 25, 2017, 8:00 am

Halo Electronics, Inc. v. Pulse Electronics, Inc.

(United States Federal Circuit) - In a challenge to the district court's award of prejudgment interest in a patent infringement action, the appeal is dismissed where because the order appealed from is itself non-final, jurisdiction is lacking under 28 U.S.C. section 1292(c)(2).
Posted: May 25, 2017, 8:00 am

US EEOC v. McClane Co., Inc.

(United States Ninth Circuit) - On remand from the U.S. Supreme Court, in an action challenging the EEOC's issuance of an administrative subpoena requesting 'pedigree information' (name, Social Security number, last known address, and telephone number) for employees or prospective employees who took an employer's physical capability strength test, as part of an investigation of a sex discrimination claim, the district court's order denying the enforcement of the subpoena is vacated where the district court abused its discretion because the information was relevant to the EEOC's investigation.
Posted: May 24, 2017, 8:00 am

Resh v. China Agritech, Inc.

(United States Ninth Circuit) - In a putative class action alleging that defendant and its managers and directors violated the Securities Exchange Act of 1934, the district court's order of dismissal as untimely is reversed and remanded for further proceedings where the district court's invitation to file a complaint in a separate individual suit does not render non-appealable the district court's dismissal of the class action complaint.
Posted: May 24, 2017, 8:00 am

Wikimedia Foundation v. NSA/CSS

(United States Fourth Circuit) - In a complaint challenging Upstream surveillance, an electronic surveillance program operated by the National Security Agency pursuant to the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. section 1801 et seq., the district court's dismissal of the complaint on grounds that the allegations in the complaint were too speculative to establish Article III standing, under Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), is: 1) vacated as to Wikimedia-plaintiff where Clapper's analysis of speculative injury does not control this case, since the central allegations here are not speculative, and plaintiff's allegations are sufficient to survive a facial challenge to standing; and 2) affirmed as to the other plaintiffs because the complaint does not contain enough well-pleaded facts entitled to the presumption of truth to establish their standing.
Posted: May 23, 2017, 8:00 am

Grappo v. McMills

(California Court of Appeal) - In a pro se complaint which was glaringly deficient and should not have survived demurrer but somehow managed to obtain a default judgment, the trial court's order vacating the default as to defendant is affirmed where plaintiff's claim here should not have gotten through and the default judgment never entered in the first place.
Posted: May 23, 2017, 8:00 am

Water Splash, Inc. v. Menon

(United States Supreme Court) - In an employer's Texas state court action against a former employee who resided in Canada, alleging that defendant had begun working for a competitor while still employed by plaintiff, the Texas Court of Appeals' decision reversing the trial court's denial of defendant's motion to set aside the default judgment on the ground that she had not been properly served, is vacated where the Hague Service Convention does not prohibit service of process by mail.
Posted: May 22, 2017, 8:00 am

TC Heartland LLC v. Kraft Foods Group Brands LLC

(United States Supreme Court) - In a patent infringement action filed in the District Court for the District of Delaware against petitioner, a competitor that is organized under Indiana law and headquartered in Indiana but ships the allegedly infringing products into Delaware, the Federal Circuit Court of Appeals' decision that, because petitioner resided in Delaware under the general venue statute, 28 U.S.C. section 1391(c), it also resided there under the patent venue statute, 28 U.S.C. section 1400(b), is reversed where: 1) as applied to domestic corporations, 'reside[nce]' in section 1400(b) refers only to the State of incorporation; and 2) the amendments to section 1391 did not modify the meaning of section 1400(b) as interpreted by Fourco Glass Co. v. Transmirra Products Corp., 353 U.S. 222.
Posted: May 22, 2017, 8:00 am

Spak v. Phillips

(United States Second Circuit) - In a suit against a police officer for malicious prosecution in violation of the Fourth Amendment, under 42 U.S.C. section 1983, the district court's grant of summary judgment to defendant is affirmed where the claim was time-barred because plaintiff's claim began to run when the prosecutor dismissed the charges against him by entering a nolle prosequi, and not, as plaintiff claims, when all public records of his prosecution were erased pursuant to a Connecticut recordkeeping statute.
Posted: May 22, 2017, 8:00 am

Broadway Grill, Inc. v. Visa, Inc.

(United States Ninth Circuit) - In an appeal involving provisions of the Class Action Fairness Act (CAFA) to ensure that large class action cases are heard in federal court, 28 U.S.C. section 1332(d), brought by a restaurant alleging Visa is violating state antitrust laws by fixing rates and preventing merchants from applying a surcharge for the use of credit cards, the district court order remanding the case to state court is vacated where plaintiffs may not amend their complaint, after a case has been removed to federal court, to change the definition of the class so as to eliminate minimal diversity and there by divest the federal court of jurisdiction.
Posted: May 18, 2017, 8:00 am

Pyskaty v. Wide World of Cars, LLC

(United States Second Circuit) - In an action arising out of plaintiff's purchased of a purportedly defective 'certified pre‐owned' BMW from auto dealer-defendant, alleging violations of the Magnuson‐Moss Warranty--Federal Trade Commission Act (MMWA), 15 U.S.C. section 2301 et seq., and New York State law, the district court's dismissal of the amended complaint -- on grounds that the value of plaintiff's MMWA claims did not amount to $50,000 and that she could neither amend her complaint to add a claim for punitive damages under the MMWA, nor rely on the value of her state‐law claims, to meet the jurisdictional threshold -- is reversed where the value of plaintiff's MMWA claims, as pled, exceeds $50,000.
Posted: May 10, 2017, 8:00 am

Higgins v. Higgins

(California Court of Appeal) - In a trust case in which a wife agreed to hold funds in trust for her husband's elderly stepmother, and after her husband's death, the wife changed the form of the accounts and used the funds for her own purpose, the trial court's judgment in favor of wife-defendant under Code of Civil Procedure section 631.8 is reversed where, despite the form of the bank accounts, when clear and convincing evidence shows funds were transferred to an account owner to hold in an irrevocable trust for a third party beneficiary and the trustee repudiates the trust, a constructive trust may be imposed on the funds for the beneficiary's estate to prevent unjust enrichment.
Posted: May 9, 2017, 8:00 am

Ford Motor Warranty Cases

(California Court of Appeal) - In a petition for writ of mandate in an underlying Code of Civil Procedure section 404.1 coordination action involving 470 civil cases, alleging Ford breached warranties with respect to cars equipped with the DPS6 transmission, and in which the coordination judge refused to add to the coordination proceeding 467 substantively indistinguishable cases in the same counties, the petition is granted where: 1) a trial judge's order declining to add cases to a coordination proceeding, like the coordination motion judge's original order, is subject to our independent review; and 2) the trial court erred in refusing to add the cases to the proceeding.
Posted: May 8, 2017, 8:00 am

San Diegans for Open Government v. San Diego State

(California Court of Appeal) - In an anti-SLAPP Code of Civil Procedure section 425.16 case within an underlying dispute alleging the contracts between a public broadcasting media and an independent nonprofit journalism organization violate statutory prohibitions on self-dealing involving public funds, the trial court's order granting the anti-SLAPP motions is affirmed over plaintiff's claim that assertion that the anti-SLAPP statute does not apply because its lawsuit targets unlawful self-dealing, not protected speech.
Posted: May 3, 2017, 8:00 am

Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate

(California Court of Appeal) - In an appeal from a post-judgment discovery order arising from a third party judgment debtor examination in an underlying action involving a breach of lease, the petition for writ of mandate is denied where the scope of questions asked by a judgment creditor in a third party judgment debtor examination may include the location of assets no longer in the possession of the third party, Code Civ. Proc. sections 708.120, 708.130, 187.
Posted: May 3, 2017, 8:00 am

Clary v. City of Crescent City

(California Court of Appeal) - In a petition for a writ of administrative mandate under Code of Civil Procedure section 1094 challenging the City's determinations that the overgrown weeds and rubbish on his lots constitute a public nuisance that required abatement and, when he refused to abate the nuisance, that a lien be placed on his lots for the City's abatement costs, the trial court's denial of the petition is affirmed where the City acted lawfully.
Posted: May 1, 2017, 8:00 am

Prather v. Sprint Communications, Inc.

(United States Ninth Circuit) - In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he did not have a significantly protectable interest in the government's False Claims Act suit; and 2) his prior filing of a related, but jurisdictionally barred, qui tam action did not entitle him to any award under the False Claims Act.
Posted: April 28, 2017, 8:00 am

Fox Factory, Inc. v. Super. Ct.

(California Court of Appeal) - In an action for personal injuries brought in Santa Clara, CA, against a manufacturer of bicycle components, alleging negligence, strict products liability, breach of the implied warranty of merchantability, and breach of the implied warranty for a particular purpose, defendant's petition to review trial court's denial of defendant's motion to dismiss or stay plaintiff's lawsuit under the doctrine of forum non conveniens is granted where the court applied the wrong legal standard in denying the motion.
Posted: April 27, 2017, 8:00 am

F5 Capital v. Pappas

(California Court of Appeal) - In a a shareholder derivative action on behalf of a company, alleging that individual members of the company's board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court's dismissal of the complaint, concluding that the dilution claim was properly derivative under Delaware law and that plaintiff failed to plead demand futility under Fed. R. Civ. P. Rule 23.1(b)(3)(B), as to any of the claims, is affirmed where: 1) plaintiff's dilution claim was properly derivative, not direct; 2) the district court had subject matter jurisdiction to adjudicate the non-class, derivative claims; and 3) plaintiff did not allege facts sufficient to excuse it from making a pre-suit demand.
Posted: April 25, 2017, 8:00 am

Lewis v. Clarke

(United States Supreme Court) - In a personal injury suit brought against an employee of a tribal casino, who was involved in an auto accident while acting in the scope of his employment, the Supreme Court of Connecticut's judgment granting defendant's to dismiss for lack of subject-matter jurisdiction is reversed where: 1) in a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe's sovereign immunity is not implicated; and 2) an indemnification provision cannot, as a matter of law, extend sovereign immunity to individual employees who would otherwise not fall under its protective cloak.
Posted: April 25, 2017, 8:00 am

Jackson v. Mayweather

(California Court of Appeal) - In a suit brought following the break up of plaintiff's relationship with a former boxing champion, alleging invasion of privacy (both public disclosure of private facts and false light portrayal), defamation and intentional and negligent infliction of emotional distress, based on defendant's social media postings about the termination of plaintiff's pregnancy and its relationship to the couple's separation and his comments during a radio interview concerning the extent to which plaintiff had undergone cosmetic surgery procedures, the trial court's denial of defendant's special motion to strike those causes of action pursuant to Code of Civil Procedure section 425.16 is reversed as to with respect to plaintiff's claims for defamation and false light portrayal, as well as her cause of action for public disclosure of private facts based on defendant's comments about plaintiff's cosmetic surgery. In all other respects, the judgment is affirmed.
Posted: April 19, 2017, 8:00 am