Texas has 14 intermediate appellate courts, more than any other state. In a recent Texas Tech Law Review article and in CLE presentations, Jones Day attorney, David Schenck, has questioned whether the state needs so many appellate courts. This large number of courts was created over many years on an ad hoc basis, seemingly due … Continue Reading
With so much press devoted to political candidates and state propositions, there has been little attention to the three California Supreme Court justices who are standing for election tomorrow. Associate Justice Tani Gorre Cantil-Sakauye, currently sitting on the Third District Court of Appeal, is seeking confirmation of her nomination as the new Chief Justice, while … Continue Reading
The California Supreme Court has scheduled oral argument in three civil cases for hearing in Los Angeles in December 2007. Cortez v. Abich, which will address the extent of the household domestic service exception to Cal-OHSA (Labor Code section 6300 et seq.) in light of the defendant home owner’s remodeling project, which added a new … Continue Reading
This afternoon, the Illinois Supreme Court published its Call of the Docket for the November term, and the Court will hear oral argument in fifteen civil cases. The cases, with the issue or issues presented in each, are: November 10: General Motors Corp. v. Pappas, No. 108893 – (1) Does the 2005 amendment to the Property … Continue Reading
In Illinois, as in many states, a defendant can’t include settled defendants on the verdict form, seeking an apportionment of fault. So is there a way to make a settled defendant’s conduct admissible? Last week, the Illinois Supreme Court answered "yes." Ready v. United/Goedecke Services arose from the death a construction worker in an accident … Continue Reading
The Supreme Court has granted review in two civil cases: Aryeh v. Canon Business Solutions, Inc., S184929, in which the Court will address the application of the continuing violation doctrine, the continuous accrual doctrine, and the delayed discovery rule to actions brought under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.). For … Continue Reading
The Illinois Supreme Court announced this afternoon that on the morning of Thursday, October 21, it will file opinions in four civil cases: J. P. Morgan Chase Bank, N.A. v. Earth Foods, Inc., No. 107682 — Does Section 1 of the Sureties Act, 740 ILCS 155/1, also apply to guarantors? In re Estate of … Continue Reading
A public utility, Pacific Gas and Electric Company, owns easements across rural properties traversed by its electric transmission lines. The easements typically, as here, authorize PG&E to trim vegetation in the vicinity of its power lines to prevent accidental contacts that can cause fires and related damages. After such a fire caused massive and widespread … Continue Reading
The Court will hear oral argument on four civil cases this November, addressing a variety of issues: Cassel v. Superior Court. (Wasserman, Comden, Casselman & Pearson),S178914: (1) Are the private conversations of an attorney and client for the purpose of mediation entitled to confidentiality under Evid. Code §§1115 through 1128? (2) Is an attorney a … Continue Reading
Last week, the Illinois Supreme Court allowed petitions for leave to appeal in eight new civil cases. They are: Sheffler v. Commonwealth Edison Co., 399 Ill.App.3d 51 (1st Dist., 2010), which involves the question of whether a complaint seeking injunctive and damages relief in connection with defendant’s alleged failure to give priority, in restoring power after … Continue Reading
The Court has recently granted review in two civil cases: Ralphs Grocery v. United Food & Commercial Workers Union, S185544, in which the Court of Appeal, formerly 186 Cal.App.4th 1078, held that the state cannot force the owner or possessor of real property that is not a public forum to give an uninvited group (in … Continue Reading
An insurance policy required that the insured "immediately record the specifics of the claim" and "see to it that we receive written notice of the claim . . . as soon as practicable." The insured waited 27 months before giving its insurer written notice of a defamation suit. The Appellate Court held that the insured … Continue Reading
Last week, the Illinois Supreme Court filed opinions resolving four new civil cases: Hubble v. Bi-State Development Agency of the Illinois-Missouri Metropolitan District, [pdf] No. 109137 — In a personal injury action, the Court held that the Bi-State Development Agency, which was created by an interstate compact between Illinois and Missouri, is a "local public … Continue Reading
The members of the Illinois Supreme Court have selected Supreme Court Justice Thomas L. Kilbride as the new Chief Justice. Justice Kilbride will begin his term on October 26, 2010, following the retirement of Chief Justice Thomas Fitzgerald. Justice Kilbride received his law degree from Antioch School of Law in Washington, D.C. in 1981. He practiced law … Continue Reading
The beginning of the Illinois Supreme Court’s September docket was overshadowed this week by a surprise announcement from Chief Justice Thomas R. Fitzgerald. Chief Justice Fitzgerald told his colleagues that he had been diagnosed with Parkinson’s Disease, and would retire from the Court effective October 25, 2010, rather than running for a full ten-year term. Chief … Continue Reading
The California Supreme Court has released its annual report describing the operations of the Court from 2009 to 2010. The Court issued 105 opinions in this period, 42 of which were in civil cases. However, this does not account for the 30 habeas corpus petitions denied by order, so the court’s workload continues to be … Continue Reading
Pineda v. Bank of America addresses the controlling statute of limitations over a claim to recover penalties for the late payment of final wages and whether such penalties can be recovered under Bus. & Prof. Code § 17203. For more details on Pineda, see the Employment – Compensation & Benefits update page. Conservatorship of Roy … Continue Reading
The Supreme Court has granted review to again address preemption, this time in the timely area of consumer protection and banking. In Parks v. MBNA American Bank, the Court of Appeal reversed a judgment on the pleadings, finding that Civil Code § 1748.9, a state consumer protection law which mandates specific notice requirements regarding the … Continue Reading
This case arises out of an insured’s claim against its insurer for property damages caused by an earthquake that struck the Los Angeles area in 1984. After a protracted dispute (during which the insurer made substantial payments) over the value of the claimed damages, and the extent to which they were earthquake-related, the parties entered … Continue Reading
The California Commission on Judicial Appointments has unanimously confirmed the nomination of Associate Justice Tani Gorre Cantil-Sakauye, of the Third Appellate District of the Court of Appeal (Sacramento), as the new Chief Justice of California. In the same session, the Commission also confirmed by unanimous vote: The appointment of Judge Louis R. Mauro, of the … Continue Reading
The Illinois Supreme Court has announced its oral argument calendar [pdf] for the upcoming September term, and it contains just one civil case. On September 22, 2010, the Court will hear argument in Hossfeld v. Illinois State Board of Elections, No. 109725. Hossfeld involves the question of whether the appellant was a qualified primary voter for … Continue Reading
In a case brought to enforce a settlement reached at mediation, a dispute arose about the final terms of the settlement reached. One of the parties offered the declaration of the mediator to confirm the accuracy of the attached agreement. In Radford v. Shehorn, the Second District Court of Appeal held this was inadmissible under … Continue Reading
Murray v. Alaska Airlines, Inc. holds that collateral estoppel applies to the administrative findings of a federal agency when those findings were subject to objection and judicial review that was never pursued, resulting in a final nonappealable order based on those findings. The Court found that in a subsequent civil lawsuit, those administrative findings have … Continue Reading
Labor Code § 351 bars an employer from collecting any gratuity that is left for an employee. Previous cases have addressed whether various tip pooling systems (i.e. systems which pool gratuities for division among a set of employees) operated by the employer are permitted under Labor Code § 351. Facing a split in the Court … Continue Reading
