Of course, each case must be analyzed based on its own facts, the strength of the legal positions, the amount of money at issue, and any long-term ramifications of the result. In addition, there are limited grounds for relief...more
U.S. District Court for the Central District of California - In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a...more
U.S. District Court for the Eastern District of Virginia, Norfolk Division, March 3, 2022 - Plaintiff Jerome Gehant served in the US Navy from 1967 until 1970 on the USS America as a boiler technician. The plaintiff...more
In Planet Bingo LLC v. The Burlington Ins. Co. (No. E074759, filed 3/18/2021, ord. certified for partial pub.), the Court of Appeal found a triable issue of fact existed as to whether a carrier is liable for bad faith failure...more
The Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would...more
SIMO HOLDINGS INC. v. HONG KONG UCLOUDLINK NETWORK - Before O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Southern District of New York. Summary: A claim construction that...more
Arnold v. Dignity Health, 53 Cal. App. 5th 412 (2020) - Virginia M. Arnold worked as a medical assistant at Dignity Health before her employment was terminated for, among other things, failure to safeguard a patient’s...more
Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020) - Daisy Arias alleged she suffered sustained, egregious sexual harassment for most of the time she was employed by Blue Fountain,...more
Oliver v. Konica Minolta Bus. Solutions USA, Inc., 2020 WL 3446865 (Cal. Ct. App. 2020) - In this putative class action, plaintiffs Michael Oliver and Norris Cagonot sued their employer for compensation for the time they...more
The winding-up process in Singapore is no longer available in respect of debt claims that are subject to a valid arbitration clause, except in extremely limited circumstances. On April 7, 2020, the Singapore Court of...more
Last week, the Third Circuit joined several other appellate courts in finding that medical opinions related to medical necessity of hospice services can be subject to scrutiny and found to be “false” for purposes of proving a...more
On March 4, 2020, the Third Circuit Court of Appeals held in United States ex rel. Druding v. Care Alternatives, No. 18-3298, 2020 U.S. App. LEXIS 6795 (3d Cir. Mar. 4, 2020) that a difference of opinion between a medical...more
The United States Court of Appeals for the Third Circuit ruled last week that whistleblower relators need not show “objective falsity” to prove their claims, and that a dispute among physician experts about a clinical...more
Federal enforcers typically announce (formally as well as informally) work plans or focus areas for the upcoming year that can provide some guidance as to where providers might anticipate enforcement action and, where they...more
Rugger Investment Group LLC contracted to sell an airplane to Magic Carpet Ride, LLC (MCR). Rugger deposited a lien release into escrow 8 days late. MCR succeeded in obtaining summary judgment on its breach of contract claim....more
This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more
In Malee v. Anthony & Frank Ditomaso, Inc., the Court served a surprise to a shareholder of a corporation that owned a restaurant, who sought to be dismissed from a FLSA case brought by employees of the restaurant....more
Those of you that received my mid-year TCPA review know that the Third Circuit Court of Appeal has cast serious doubt on the assumption that corporate officers can be held directly liable for TCPA violations committed by...more
Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No. 2017-1452 (Fed. Cir. May 31, 2018) and Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. May 31, 2018) - In these two, published, precedential orders...more
Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida. Summary: Allegations in the complaint about how the claimed invention solved problems in...more
On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more
The Tenth Circuit Court of Appeals recently ruled for Delta Airlines in an appeal by a former employee who claimed he was terminated because of racial and national origin discrimination....more