In a civil action filed by four Iraqi nationals, alleging that they were abused while detained in the custody of the U.S. Army at Abu Ghraib prison, located near Baghdad, Iraq, in 2003 and 2004, brought pursuant to the Alien Tort Statute (ATS), 28 U.S.C. section 1350, that defendant's employees c... Read On
In an suit challenging the denial of the U.S. Citizenship and Immigration Services' (USCIS) Notice of Intent to Deny (NOID) plaintiff's I-130 petition seeking permanent resident status for plaintiff's noncitizen husband petition, because of the agency's determination that the husband's prior marr... Read On
In a suit to enforce an arbitration award plaintiff received against the defendant in a contract dispute, the district court's denial of plaintiff's petition to confirm and grant of defendant's petition to vacate is vacated and remanded for further proceedings where there is an issue of material ... Read On
In a military veteran's claim against a Town and Chief of Police under the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. section 4301-4335, claiming that his status as a veteran was a motivating factor for defendants' termination of his employment, the District Court... Read On
A municipality may be considered an “opposing part[y]” for purposes of the private attorney general fee statute, Code Civ. Proc. section 1021.5, when it confesses error in response to a petition for writ of mandate challenging the municipality's action. Read On
In a corporate governance action, arising from plaintiff corporation's suit over the exercise of its right to repurchase shares of its stock, given to defendant under a stock incentive plan for outside directors on its board, the trial court's grant of summary judgment to the defendant is: 1) rev... Read On
In an employment case alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e et seq. and equivalent state-law claims, the district court's order denying defendant's motion to compel arbitration is reversed where the arbitration provision s... Read On
In an action arising out of the arbitration of a licensing dispute among d, the district court's grant of a preliminary injunction enjoining defendant from selling unauthorized food items at the restaurants it operates, using certain trademarks, and arguing to to arbitral panel that it should be ... Read On
In a complaint seeking enforcement of the Labor Code under the Private Attorneys General Act (PAGA), Labor Code section 2698, the trial court's denial of defendant's motion to compel arbitration is affirmed where, while a PAGA action might be subject to arbitration, relying on a predispute agreem... Read On
In a labor dispute involving four arbitration awards involving janitorial employees, the district court's judgment is affirmed where: 1) the arbitration awards were properly confirmed, based in large part upon the limited scope of this court's review of a labor-arbitration decision pursuant to a ... Read On
In an appeal from a judgment declaring plaintiff-Father to be the sole legal parent of triplet Children and finding that defendant, the gestational carrier for the children, has no parental rights, alleging an all-out attack on the constitutionality and enforceability of surrogacy agreements in C... Read On
In response to a certified question arising in a failure-to-promote discrimination suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. section 4301, the court holds that plaintiffs need not plead or prove that they are objectively qualified in order to meet... Read On
In a consolidated appeal of two judgments to enforce a foreign arbitral award against appellees as alter egos of the then defunct award debtor, the district court's judgment dismissing both the initial action to enforce and the subsequent action to confirm a foreign arbitral award is: 1) vacated ... Read On
In consolidated appeals of actions to confirm a foreign arbitral award against defendant as alter egos of the then defunct award debtor, the district court's dismissal of both actions is: 1) vacated as to No.15?1133 where the district court erred in a) determining the United Nations Convention on... Read On
In a wrongful death action, the district court's grant of summary judgment to defendant, a provider of vacations for students, is reversed where the court erred in granting summary judgment on the issue of causation after allowing no discovery on the issue and receiving no briefing on the matter ... Read On
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 plac... Read On
In a suit brought by a veteran challenging delinquent property tax interest and penalties that the City of Philadelphia assessed against his company while he was on active duty, the District Court's dismissal of the complaint is affirmed where the protections of the Servicemembers Civil Relief Ac... Read On
In a complaint filed in the U.S. Court of Federal Claims challenging the Contracting Officer's rejection of plaintiff's unsolicited proposal to the U.S. Department of the Navy's Indian Head Explosive Ordnance Disposal Technology Division (IHEODTD) pursuant to 48 C.F.R. (Federal Acquisition Regula... Read On
In a dispute alleging tortious interference with contract and related claims for the sale of an interest in a Mexican real estate development venture, the trial court's grant of plaintiffs' motion to lift the stay on the California proceedings is affirmed where Mexican courts dismissed two separa... Read On
In a case involving the enforce-ability of an arbitration agreement included in the terms of a 'payday loan' obtained over the internet, alleging that defendant violated the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. section 1961 et seq., when defendant used its role wit... Read On
