Case Summaries

Bankruptcy Law

[08/27] Campbell v. Countrywide Home Loans Inc.
In a suit accusing defendant of filing a claim attempting to collect a pre-petition debt in violation of an automatic stay in plaintiffs' Chapter 13 bankruptcy, an interlocutory order granting partial summary judgment for plaintiffs is reversed where: 1) unpaid escrow payments that accumulate pre-petition in the year that a bankruptcy petition is filed, and which the creditor had a right to collect under the loan documents, constitute a "claim" under the Bankruptcy Code; but 2) the filing of a proof of claim including the amounts of these payments does not by itself violate an automatic stay in a bankruptcy proceeding.

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Commercial Law

[08/27] Gander Mountain Co. v. Cabela's, Inc.
In a case arising from a contract dispute involving a 1996 transaction between the parties, summary judgment for plaintiff on a counterclaim, finding that a provision at issue was unenforceable because it was merely an agreement to agree, is affirmed over claims that the district court violated the law-of-the-case doctrine and erred in granting summary judgment.

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Contracts

[08/27] Fidelity and Guaranty Ins. Co. v. Star Equip. Corp.
In a dispute arising over a construction contract, enforcement of a settlement agreement and grant of summary judgment are affirmed where: 1) a hand-written agreement contemplated execution of a more formal agreement does not preclude enforcement of the hand-written agreement; 2) the terms of this settlement were clear and unambiguous; 3) there was no error in the district court's order enforcing the Settlement Memorandum of Agreement as a settlement agreement that disposed of all the claims in the case except the indemnification dispute; and 4) Fidelity is entitled to indemnification because defendants failed to present any material facts which would give rise to a factual dispute as to a 'want of good faith' on the part of Fidelity.

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Criminal Law & Procedure

[08/27] US v. Allen
A conviction for being a felon in possession of a firearm and a felon in possession of ammunition is affirmed over claims that: 1) the district court erred in permitting two witnesses to be improperly impeached; and 2) the evidence was insufficient to support his conviction.

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Dispute Resolution & Arbitration

[08/25] Cable Connection, Inc. v. DirecTV, Inc.
Under the California Arbitration Act, judicial review of the merits of an arbitration award is permissible where the contracting parties have expressly agreed that the arbitrators shall have no power to commit errors of law and that the award may be vacated or corrected on appeal for legal error.

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ERISA

[08/22] Lucas v. PyraMax Bank, FSB
In a suit under Title VII of the Civil Rights Act, the Family and Medical Leave Act (FMLA), and ERISA alleging illegal demotion, termination, and retaliation, summary judgment for defendants is affirmed where: 1) plaintiff could not make out a Title VII gender-discrimination claim because she produced no evidence that she met her employer's legitimate job expectations, or that a similarly-situated male employee received better treatment; 2) no evidence supported plaintiff's claim that she was terminated as a result of filing a state gender-discrimination claim; 3) plaintiff's FMLA claim did not demonstrate that she was fired for taking medical leave rather than for poor job performance; and 4) there was no evidence that defendant had the specific intent to violate ERISA and interfere with plaintiff's ERISA rights.

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Education

[08/26] Sytsema v. Acad. Sch. Dist. No. 20
In an action for reimbursement for an autistic child's educational expenses pursuant to the Individuals with Disabilities Education Act, a ruling partially granting and partially denying reimbursement is affirmed in part and reversed in part where: 1) the district court erred in awarding relief to plaintiffs for procedural differences in a 2001 individualized education plan (IEP); 2) a remand was proper for the district court to consider whether the 2001 draft IEP substantively denied plaintiff-child a free appropriate public education (FAPE); and 3) a 2002?2003 IEP complied with the IDEA requirements.

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Elder Law

[05/13] Cao v. Commonwealth of Puerto Rico
In an action wherein plaintiff sought recovery under 42 U.S.C. section 1983 for alleged constitutional violations along with several state law causes of action after she was removed from her home, made to undergo a psychological evaluation, and placed in a state institution for the elderly, dismissal of plaintiff's complaint is affirmed where: 1) the district court properly dismissed plaintiff's section 1983 claim as untimely; and 2) with no federal cause of action remaining, the district court acted within its discretion in declining to exercise supplemental jurisdiction over remaining state law claims.

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Evidence

[08/27] Datau v. Mukasey
In an action brought by a native and citizen of Indonesia claiming she experienced persecution based on her Christian beliefs and the incorrect perception that she is ethnically Chinese, petition to review decision denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT) is denied over claims of error that: 1) Board of Immigration Appeals' decision lacks support because it is based, in part, on the IJ's unclear credibility judgments; 2) petitioner presented substantial evidence of both past persecution and the likelihood that she would be subject to future persecution if forced to return to Indonesia; and 3) petitioner established grounds for withholding removal and protection under CAT.

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Family Law

[08/22] In re A.C.
Order terminating parental rights is affirmed where: 1) the dependency court's noncompliance with section 372 standing alone does not violate the parent's due process rights; and 2) the error is subject to a harmless error standard.

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Habeas Corpus

[08/27] Toliver v. McCaughtry
In a first-degree murder case, denial of habeas relief on the basis of both ineffective assistance of counsel and a Brady claim is reversed and remanded where: 1) the state court did not resolve factual questions of whether petitioner's trial counsel's performance fell below an objective standard of reasonableness, and whether the prosecutor had received a letter that should have been disclosed as Brady evidence; 2) counsel's failure to introduce certain evidence prejudiced petitioner; and 3) the letter allegedly withheld by the prosecution would have constituted material, exculpatory evidence.

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Injury & Tort Law

[08/27] Ramirez v. Knoulton
In a suit alleging excessive force by defendant-police officer for shooting plaintiff during his arrest, denial of summary judgment to defendant is reversed where defendant acted reasonably in deciding to use deadly force, and no constitutional violation therefore occurred.

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Landlord Tenant

[08/27] 216 Jamaica Ave., LLC v. S & R Playhouse Realty Co.
In a case involving the enforceability of a "gold clause" contained in a 1912 lease agreement, which required payment of rents to be in gold coins, a judgment against plaintiff-owner who tried to enforce the clause is reversed and remanded where: 1) contrary to the ruling below, the clause is enforceable; and 2) a remand was necessary for the district court to interpret the clause, to determine the obligation it imposes on the lessee, and to address any other defenses in the first instance, including lessee's estoppel-by-deed and waiver defenses.

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