Case Summaries

Injury & Tort Law

[10/13] Reenstierna v. Currier
In a defamation action, arising out of defendant's report to the New Hampshire Real Estate Appraisal Board's disciplinary hearing concerning a grievance charge against plaintiff, a real estate appraiser, the district court's grant of summary judgment to defendant is affirmed where defendant's statements in his report are shielded from this suit by New Hampshire's absolute witness immunity doctrine.

[10/12] Trotter v. 7R Holdings LLC
Affirming a district court order dismissing a maritime case involving an injury that took place on a boat registered in the British Virgin Islands for forum non conveniens because the remedies available in the alternative forum were not clearly inadequate, the Jones Act lacked a special venue provision, and the court reasonably balanced the relevant private and public interest factors.

[10/12] Stewart v. St Joseph Health
Issuing a peremptory writ of mandate directing the Superior Court to vacate an order granting summary adjudication of the plaintiff's causes of action for elder abuse, fraudulent concealment, and medical battery and substituting an order denying the motion as to these causes of action because of errors in the determination of duties owed and because issues of material fact existed.

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Labor & Employment Law

[10/17] Borzilleri v. Mosby
In a constitutional action arising out of the newly elected Baltimore City State's Attorney's firing of an Assistant State's Attorney who supported a political opponent in the recent election, the district court's dismissal under F.R.C.P. 12(b)(6) is affirmed where the plaintiff was a policymaker exempt from First Amendment protection against patronage dismissals.

[10/17] Melendez v. San Francisco Baseball Assoc.
In a wage and hour dispute between a security guard and his employer, the San Francisco Giants, the trial court's denial of defendant's motion to compel arbitration is reversed where: 1) arbitration is not compelled by the collective bargaining agreement; but 2) is required under the Labor Relations Management Act, 29 U.S.C. section 185(a).

[10/17] Beneli v. NLRB
In a labor action, the NLRB's decision to make its new standard for deferring to an arbitration decision prospective only, and not apply it retroactively to petitioner's case, is affirmed where the decision conforms with the relevant analysis under Oil, Chem, & Atomic Workers Int'l Union Local 1-547 v. NLRB, 842 F.2d 1141 (9th Cir. 1988).

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Workers' Comp

[10/13] American Cargo Express, Inc. v. Superior Court
In a workers' compensation action, arising after the California Self-Insurers' Security Fund (SISF) assumed the workers' compensation obligations of Mainstay Business Solutions and sued it and its clients to recover costs and liabilities, the trial court's grant of SISF's motion on the pleadings is affirmed where Labor Code section 3744, subdivision (c) authorizes SISF to bring such an action in superior court.

[09/15] Ly v. County of Fresno
In a labor & employment action, brought by three Laotian correctional officers alleging racial discrimination in employment actions and retaliation after complaining about them, the trial court's grant of summary judgment to defendant county is affirmed where the denial of plaintiffs' separate workers' compensation claims bar their claims in this action on res judicata grounds.

[07/28] Baker v. Workers Compensation Appeals Board
Affirming the decision of the Workers' Compensation Appeals Board that the Subsequent Injuries Benefits Trust Fund benefits commence at the time the employer's obligation to pay permanent disability benefits begin.

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