Appellate Decisions and Review

Appellate Review

Garcia v. Pexco — Defendant may enforce arbitration agreement when plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement

Jeffrey I. Ehrlich

From Issue: 2017 July

Appellate reports for plaintiff attorneys

Including Hertz Corp. v. Friend: For the purposes of federal diversity jurisdiction, a corporation’s principal place of business is its “nerve center” — typically its HQ.

Jeffrey I. Ehrlich

From Issue: 2010 April

Appellate Reports and Shorter takes

Interim adverse judgment bars malicious-prosecution claim, even if trial court later finds action was brought in bad faith

Jeffrey I. Ehrlich

From Issue: 2017 October

Appellate Reports and cases in brief

Gregory v. Cott applies primary assumption of the risk to in-home health-care workers

Jeffrey I. Ehrlich

From Issue: 2014 September

Appellate Reports and Cases in Brief

DuBeck v. California Physician’s Service holds that an insurer who chooses to cancel a policy prospectively based on the insured’s misstatements on the application cannot thereafter rescind based on the same statements

Jeffrey I. Ehrlich

From Issue: 2015 April

Appellate Reports and Cases in Brief

Miles v. Deutsche Bank National Trust Company acknowledges that a breach-of-contract claim can be stated without attaching the contract as an exhibit or pleading its terms verbatim

Jeffrey I. Ehrlich

From Issue: 2015 June

Appellate Review

Cal Supreme Court says discovery in PAGA actions is governed by normal standards of civil litigation; supports broad view of the right to discovery in all civil cases

Jeffrey I. Ehrlich

From Issue: 2017 August

Appellate Reports and Shorter Takes

Baral v. Schnitt — Substantially broadens the scope of the anti-SLAPP statute by holding that it can be used to attack allegations of constitutionally protected activity

Jeffrey I. Ehrlich

From Issue: 2016 September