Charney v. Standard General, L.P.

Employer’s Anti-SLAPP motion was properly granted in response to terminated CEO’s defamation claim, since the allegedly defamatory press release stated only that a third party investigation of allegations against the CEO had been undertaken and that he was terminated as a result of that investigation.  A terminated CEO failed to establish he had a probability…

Expressions Hair Design v. Schneiderman

New York statute forbidding retail sellers from charging higher-than-stated prices to customers who pay with credit cards must satisfy the First Amendment test for regulations of commercial speech.  As interpreted by the Court of Appeals, New York’s General Business Law section 518 forbids retail sellers from stating one cash price for their goods or services…

Quiles v. Parent

No supersedeas bond is needed to stay enforcement of a money judgment on appeal if the appellant pays any damages the judgment awards and appeals only the judgment’s award of attorney fees and costs.  As amended in 1993 after the decision in Bank of San Pedro v. Superior Court (1992) 3 Cal.4th 797, CCP 917.1…

Wind Dancer Production Group v. Walt Disney Pictures

A contract providing for waiver of the discovery rule’s tolling of the limitations period is enforceable if the contract is between sophisticated parties.  A contract between Walt Disney Pictures and a sophisticated group of TV show producers contained a limitations clause, providing that Disney’s quarterly statements became conclusive 24 months after they were rendered as…

Tract No. 7260 Assn., Inc. v. Parker

Substantial evidence supported the trial court’s finding that a member of a nonprofit mutual benefit corporation sought the corporate records for an improper purpose, and since he requested the records as a solo member of the corporation, the corporation was not required to seek a court order barring him from accessing them; rather the burden…

Williams v. Yamaha Motor Co.

Although a subsidiary’s contacts cannot by themselves give rise to general personal jurisdiction over the parent company under an agency theory, the subsidiary’s contacts might suffice if parent and subsidiary were alter egos; but in this case, plaintiffs did not allege facts supporting an alter ego relationship, so personal jurisdiction did not attach.  Plaintiffs sued…

Lindsey v. Conteh

Referee’s award of discovery sanctions in excess of $5000 was as appealable as if it had been signed by a judge of the superior court, since an analysis of the stipulation and order appointing the referee indicated it was a general reference.  An order entered by a referee appointed pursuant to a general reference under…

Iqbal v. Ziadeh

“Affiliate” means a person in a dependent or subordinate relationship with another, not just anyone with some sort of connection to the other; so a settlement agreement’s release did not extend to the lessor of released defendants and plaintiff’s suit against that entity could proceed.  A release of a used car dealer and a tow…

In re Gugliuzza (Gugliuzza v. FTC)

A district court or Bankruptcy Appellate Panel order which reverses a bankruptcy court order in part and remands for additional fact-finding is not a final appealable judgment, nor is it otherwise appealable absent certification.  A district court or BAP order which reverses a bankruptcy court order in part and remands for additional fact-finding is not…

Teleflex Medical, Inc. v. National Union Fire Ins. Co.

If an excess insurer rejects a settlement proposed by the primary insurer and insured and does not assume the insured’s defense, it cannot avoid liability for paying its share of the settlement (if a court later finds the settlement reasonable) by relying on the excess policy’s no-action clause.  This decision follows Diamond Heights Homeowners Assn….

Czyzewski v. Jevic Holding Corp.

Normal Chapter 11 priority rules apply to structured dismissals of Chapter 11 cases, so that in a structured dismissal, lower priority creditors may not be paid over the objection of higher priority creditors whose claims have not been fully satisfied.  A Chapter 11 case may end three ways—with approval of a Chapter 11 plan, with…

Brunozzi v. Cable Communications, Inc.

Employer improperly calculated overtime pay in violation of the Fair Labor Standards Act when it paid employees for overtime at a rate less than 150% of their usual non-overtime pay.  Employer violated the FLSA’s overtime payment requirement by the way it calculated overtime pay.  When an employee did not work overtime, he was paid his…