After a marital settlement agreement and judgment of dissolution, one spouse's unilateral election to change from one type of military benefit (military retirement that is taxable and community property) to another type of military benefit (combat-related special compensation that is not taxable ... Read On
In a dispute between a consumer and a credit card company involving the validity of a provision in a predispute arbitration agreement that waives the right to seek the statutory remedy of public injunctive relief in any forum, the Court of Appeals' decision is reversed where: 1) such a provision ... Read On
The Court reversed a family commissioner's judgment dissolving the parties' marriage and related orders concerning child custody, visitation, child and spousal support, and an award of attorney fees, where: 1) the commissioner failed to obtain one party's stipulation to having the matter heard by... Read On
In a Vietnam veteran's appeal concerning whether the U.S. Court of Appeals for Veterans Claims has authority to certify a class for class action or for similar aggregate resolution procedures, the Veterans Court denial of a motion to certify a class of thousands of veterans alleging service-conne... Read On
In a class action complaint alleging that Samsung made misrepresentations as to the performance of the Galaxy S4 phone, the district court's order denying Samsung's motion to compel arbitration is affirmed where: 1) the Product and Safety & Warranty Information brochure in the Galaxy S4 box did n... Read On
In an employment class action alleging violations the Fair Labor Standards Act (FLSA), 29 U.S.C. section 201-219, as well as the Missouri minimum-wage statute, raising two questions of first impression, the district court's denial of defendant's motion to compel arbitration is affirmed where: 1) ... Read On
In a petition under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 19 I.L.M. 1501, as implemented by the International Child Abduction Remedies Act (ICARA), 22 U.S.C. section 9001 et seq., seeking the return of petitioner's child af... Read On
In a recent case, People v. Douglas – filed April 11, 2017, in the Third District ofCalifornia, 2017 S.O.S. 1906, the court held that excluding prospective jurors solely onthe basis of sexual orientation is violative of due process and equal protection. Where aprosecutor shows both neutral and no... Read On
Vehicle Code section 23640 prohibits military diversion pursuant to Penal Code section 1001.80 for defendants charged with driving under the influence offenses in violation of sections 23152 and 23153. Read On
In an employment class action, the district court's order denying defendants' motion to stay proceedings, compel arbitration of claims arising out of the plaintiff's employment, and dismiss class and representative claims, is reversed where: 1) although the Incentive Bonus Agreement was an adhesi... Read On
In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he did not have a significantly protectable interest... Read On
In a dispute between employees and their successor employer, both of whom agreed to arbitrate, the district court's refusal to compel arbitration because it found that ERISA preempted arbitration of this dispute, which presented an issue of arbitrability properly decided by a judge, is reversed w... Read On
In an action arising out of plaintiff's purchase of a purportedly defective 'certified pre-owned' BMW from auto dealer-defendant, alleging violations of the Magnuson?Moss Warranty--Federal Trade Commission Act (MMWA), 15 U.S.C. section 2301 et seq., and New York State law, the district court's di... Read On
In an action brought by a military family under the Federal Tort Claims Act (FTCA) against the United States, alleging that plaintiff's child's birth injuries resulted from the negligent approval of plaintiff's command-sponsored travel overseas, the district court's judgment in favor of plaintiff... Read On
In an anti-SLAPP Code of Civil Procedure section 425.16 case within an underlying dispute alleging the contracts between a public broadcasting media and an independent nonprofit journalism organization violate statutory prohibitions on self-dealing involving public funds, the trial court's order ... Read On
In an appeal of the Final Decision of the Merit Systems Protection Board affirming the decision of the Department of the Navy to furlough petitioner for six days between July and September of 2013 as a result of the federal government sequestration of 2013, the Board's decision is affirmed where ... Read On
In an appeal of the Veterans Court decision concluding that the Department of Veterans Affairs had satisfied its duty to assist claimant with his request to reopen his claim, the Veterans Court's decision is reversed and remanded where it misconstrued 38 C.F.R. section 3.159(c)(3). Read On
In an injury and tort action arising from plaintiff employee's collision with a motorcycle while commuting to defendant employer's yard and claim of respondeat superior liability, the trial court's grant of summary judgment to defendant is reversed where it's a material, triable issue of fact whe... Read On
In an environmental action, challenging defendant city's finding that a project was exempt from formal environmental review, the trial court's grant of mandatory relief to the plaintiff under Code of Civil Procedure section 473(b) is reversed where: 1) such relief is limited to default, default j... Read On
In a veterans case raising a question of first impression involving disability rating and the interpretation of 38 C.F.R. section 4.40 in light of section 4.71a, the Veterans Court judgment is affirmed where section 4.40 does not provide a basis for a rating separate from section 4.71a. Read On
