Midland Funding, LLC v. Johnson

Filing a facially time-barred creditor’s claim in a Chapter 13 is not a false, deceptive, misleading, unconscionable or unfair means of collecting a debt under the FCDPA, since Chapter 13 debtors are protected from paying dubious claims by the Chapter 13 trustee’s supervision of the case.  Filing a creditor’s claim in the debtor’s Chapter 13…

Broadway Grill, Inc. v. Visa, Inc.

CAFA removal jurisdiction is based on the complaint as it stands on the date of removal; plaintiff may not defeat CAFA jurisdiction by amending the class definition post-removal to exclude citizens of other states.  After the defendant has removed a class action to federal court under CAFA, the plaintiff may not amend the alleged class…

Kindred Nursing Centers, LP v. Clark

The Federal Arbitration Act preempts Kentucky’s rule invalidating an arbitration clause entered into by an attorney-in-fact unless the power of attorney specifically authorizes the attorney-in-fact to enter into an arbitration agreement.  The FAA preempts Kentucky’s rule invalidating an arbitration clause entered into by an attorney-in-fact unless the power of attorney specifically authorizes the attorney-in-fact to…

Garcia v. Pexco, LLC

Arbitration clause in employee’s contract with staffing agency could be enforced by the employer to whom the staffing agency assigned him, because plaintiff’s claims arose out of his employment contract and were intimately intertwined with it, thus estopping him from asserting the employer was not a party to the agreement.  This decision affirms an order…

Gillotti v. Stewart

The Right to Repair Act applies to all construction defects in new housing and affords an exclusive remedy, preempting any common law claims, even when the homeowner sustains actual damage. Disagreeing with Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, this decision holds that the Right to Repair Act applies…

Van Audenhove v. Perry

A person who is arrested, but not ultimately prosecuted, may not maintain an action for malicious prosecution against the witness whose complaint prompted the arrest.  A person who is only arrested and is not the subject of any criminal prosecution cannot sue the complaining witness (at whose behest the arrest was made) for malicious prosecution. …

Amphastar Pharmaceuticals, Inc. v. Aventis Pharma, SA

A federal False Claims Act suit was properly dismissed because the suit was based on facts publicly disclosed in a prior suit and the plaintiff was not the original source of that information, but learned it only as a party to the prior suit.  The district court properly dismissed this federal False Claims Act suit…

Krechuniak v. Noorzoy

Defendant’s challenge to a settlement agreement clause providing for liquidated damages if defendant defaulted on its payment obligations required a fact-dependent determination from the trial judge, so it could not be raised for the first time on appeal.  In settling a prior lawsuit, defendant agreed to pay $500,000 over time to plaintiff but also execute…

Elliott v. Google, Inc.

“Google” remains a valid trademark designating the source of a particular search engine despite the word’s common use as a verb to mean conducting any internet search.  A trademark may be cancelled if the person seeking cancellation shows that the trademark has become generic.  This decision holds that for purposes of determining “genericness,” the trademark…

Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan

District court should review ERISA plan administrator’s eligibility determination de novo since a California statute, which is not preempted by ERISA, bans clauses granting an insurer discretion to determine eligibility for policy benefits.  A court reviews an ERISA plan administrator’s decision to deny benefits de novo unless the plan gives the administrator discretion to determine…

Kinney v. Clark

A court may expand a vexatious litigant pre-filing order to bar new suits or appeals even if filed by an attorney if the litigant has evaded the prior pre-filing order by using an attorney to file more frivolous litigation.  A court may expand a pre-filing order issued against a person already found to be a…

O’Neil-Rosales v. Citibank (South Dakota) N.A.

An Anti-SLAPP motion was properly granted against suit alleging that creditor violated state and federal Fair Debt Collection Practices Acts by recording an abstract of judgment creditor had obtained against plaintiff’s former domestic partner.  An Anti-SLAPP motion to strike was properly granted in this FDCPA and RFDCPA suit against creditor and creditor’s lawyer.  Creditor sued…