Recent Case Updates

Our blog explains recent case updatesOne 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.

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