Case Summaries
Property Law & Real Estate
Commercial Law
Property Law & Real Estate
[05/08]
Reusser v. Wachovia Bank, N.A.
In an action against a bank involving allegations that plaintiffs' were wrongfully evicted and their property improperly foreclosed upon, dismissal of plaintiffs' claims is affirmed where: 1) plaintiffs' section 1983 claims constituted a de facto appeal of a state court decision and were therefore barred by the Rooker-Feldman doctrine; and 2) plaintiffs' collateral attack on a bankruptcy court's jurisdiction was unavailing, and thus, defendant-bank did not violate 11 U.S.C. section 362 in foreclosing on plaintiffs' property.
[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.
[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]
Moss v. County of Humboldt
In an appeal considering the appropriate level of review under the California Environmental Quality Act (CEQA) for a subdivision project which was initially approved but subsequent delays caused its tentative map to expire, judgment denying landowner's petition for writ of mandate and requiring the preparation of a new environmental impact report is affirmed in part and reversed in part where: 1) the subdivision at issue was not a new project for purposes of CEQA; 2) supplemental environmental review was required based on new information about certain potentially significant impacts; but 3) substantial evidence supported some findings regarding these impacts, while not others.
[05/07]
Atamirzayeva v. U.S.
In an action seeking compensation under the Fifth Amendment for an alleged taking of property plaintiff-Uzbek citizen owned in Uzbekistan, dismissal of the takings claim is affirmed where plaintiff failed to plead a significant connection to the United States other than her property being located next to the U.S. Embassy.
[05/06]
In re Domestic Partnership of Ellis and Arriaga
Under the California Domestic Partner Rights and Responsibilities Act of 2003 and consistent with the rationale in Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824 (2005), a person's reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.
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Commercial Law
[05/08]
Royal Ins. Co. of Am. v. Orient Overseas Container Line Ltd.
In an action brought by Ford and its cargo insurer against defendant-ocean carrier for damages arising from the loss of cargo during a transatlantic voyage, partial summary judgment for defendant and third-party defendants is reversed where the district court erroneously interpreted the bill of lading to apply Carriage of Goods by Sea Act (COGSA) instead of the Hague-Visby Rules, and additional briefing and fact-finding may be required before the liability limitation may be appropriately applied. (Amended opinion)
[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]
B & H Med., L.L.C. v. ABP Admin., Inc.
In an antitrust case involving the legality of an agreement which established an exclusive network of preferred providers to supply types of medical equipment to enrollees in certain health-benefits plans offered to Chrysler, Ford, and state employees and retirees, a judgment and sanctions against plaintiff whose application to the network was rejected are affirmed, and appellate sanctions imposed, where: 1) plaintiff's antitrust claims lacked any conceivable merit; 2) a challenge to a discovery order failed; and 3) sanctions imposed below were not an abuse of discretion, and further, appellate sanctions were warranted.
[05/06]
Pludeman v. N. Leasing Sys., Inc.
The court of appeals rules that plaintiffs sufficiently pleaded a cause of action for fraud against individually-named corporate defendants pursuant to CPLR 3016(b) where it was not unequivocal, as a matter of law, that a finder of fact could not reasonably infer the requisite knowledge or participation by the individual defendants in an act of fraud.
[04/30]
Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
In a case primarily addressing whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee's ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition, the judgment below is affirmed primarily as the trial court did not err: 1) in determining that the lessor failed to plead facts sufficient to establish any duty on the realtor's part; nor 2) in refusing to award attorney fees to the lessor based upon its defeat of the realtor's claims for unpaid commissions pursuant to Civil Code section 1717.
[04/30]
City of New York v. Beretta U.S.A. Corp.
In an action involving the Protection of Lawful Commerce in Arms Act (PLCAA), which provides that any "qualified civil liability action that is pending on October 26, 2005, shall be immediately dismissed by the court in which the action was brought or is currently pending", the circuit court finds that: 1) a claim by the city of New York, predicated on New York Penal Law section 240.45, did not fall within an exception to the claim restricting provisions of the Act; and 2) the PLCAA was a valid exercise of Congressional power under the Commerce Clause, and the PLCAA did not violate the separation of powers doctrine or otherwise offend the Constitution in any manner alleged by the city.
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