Recent Case Updates
One Arbitration Case
Where False Claims Act claims are outside scope of arb agreement, arbitration is properly denied. Welch; 9th Cir. 16-16070.
Three Excessive Force Cases
In excessive force case, denial of summary judgment based on qualified immunity was proper. Estate of Lopez; 9th Cir. 16-15175.
In excessive force case, officer entitled to qualified immunity in shooting of plaintiff’s mentally disturbed husband. Isayeva; 9th Cir. 15-17065.
No qualified immunity where officer’s shooting of driver following car chase was unreasonable. Longoria; 9th 16-15606.
Elder Abuse Case
On writ review, elder abuse claims reinstated where elder died after unnecessary surgery. Stewart; 4th Dist. E067316.
Where plaintiff failed to show employer was liable under special errand rule, sj affirmed. Morales; 1st Dist. A145865.
Where expert opinion on asbestos exposure raised triable issue, summary judgment was error. Lyons; 1st Dist. A150567.
Denial of class cert proper where admin cost to identify class is so high as to render any benefit de minimis. Kendall; 4th Dist. D070390.
Where housekeeping employee was raped by drunk trespasser, sustaining demurrer to FEHA claim was error. M.F.; 4th Dist. D070150.
Negligence claim against fellow dirt bike participant properly barred by primary assumption of risk doctrine. Foltz; 2d Dist. B277995.
Where employee is powerless to bargain over arb agreement’s terms, which favor employer, it is invalid. Baxter; 1st Dist. A144744.
Reversal of sj where denial of plaintiff’s motion for continuance and a new trial was “outside bounds of reason.” Denton; 1st Dist. A147384.
