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Case Summaries

Injury & Tort Law

[12/30] Food Pro Int'l, Inc. v. Farmers Ins. Exchange
In connection to a tort claim brought by an injured construction worker against plaintiff, judgment in favor of defendant-insurer in plaintiff-insuree's claim for breach of contract and breach of implied covenant of good faith and fair dealing is reversed where: 1) there was no merit to plaintiff's punitive damages argument; but 2) the trial court erred in finding that defendant-insurer had no duty to defend plaintiff.

[12/30] Doe v. SexSearch.com
District court correctly dismissed this suit, brought against an online adult dating service by one of its subscribers. Plaintiff failed to state a claim in alleging that the service is at fault for his sexual relationship with a minor and the harm that resulted from his arrest, notwithstanding that the service requires each subscriber to promise that he or she is at least eighteen years old.

[12/29] Liceaga v. Debt Recovery Solutions, LLC
In an action for damages arising out of an apparent identity theft, judgment in favor of defendant-collection agency is affirmed where the trial court correctly concluded that Congress has preempted state court private actions against furnishers of inaccurate credit information to credit reporting agencies and that no exclusion for California actions existed.

[12/23] Hailstone v. Martinez
Denial of motion to strike plaintiff's defamation complaint as a strategic lawsuit against public participation (SLAPP) is affirmed where: 1) the trial court erred in denying the motion on the ground that the alleged defamatory statements did not concern an issue of public interest and therefore the complaint did not arise from a protected activity; 2) the subject statements were protected under the anti-SLAPP law; nevertheless, 3) plaintiff established that his claim had at least minimal merit.

[12/22] Dickerson v. Lexington Ins. Co.
In a claim against defendant-insurance company for failure to pay plaintiff's homeowner's policy claim timely following Hurricane Katrina, district court award of $175,467 in damages, penalties, and attorneys' fees is reversed in part, affirmed in part, and remanded where: 1) a reasonable fact finder could conclude that plaintiff's expert offered the more credible analysis of the damage to the home and the cost of rebuilding it; 2) the language of policy permitted recovery of only the actual cash value of an item until such time as the insured furnishes the insurer a receipt for replacement of that item; 3) the court did not err in determining that plaintiff proved defendant-insurer's bad faith based on its arbitrary and capricious withholding of payments under the policy for the swelling; 4) the intersection of both the Louisiana Civil Code and Title 22 of the Louisiana Revised Statutes did not bar recovery of damages for mental anguish by policyholders who claimed their insurers have acted toward them in bad faith; 5) state law clearly prohibited the continuing-breach rationale employed by the district court in this case; and 6) it was possible, however, that some damage was not discovered until after a particular date.

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Elder Law

[12/05] AutoZone, Inc. v. Reyes
In an age-discrimination suit, jury verdict for plaintiff is reversed where: 1) the statements of a store manager were not evidence that age was a motivating factor in defendant's termination of plaintiff; and 2) defendant claimed, as a non-discriminatory reason for terminating plaintiff, that plaintiff had violated its sexual harassment policy, and plaintiff presented no evidence under which a reasonable jury could find that defendant treated him less favorably than any other employee who had violated that policy.

[11/12] James v. Richman
In a suit seeking Medicaid benefits, an injunction preventing defendant-Department of Public Welfare from denying benefits is affirmed where: 1) equitable relief was appropriate where plaintiff would be barred by the Eleventh Amendment from seeking monetary damages from the state; 2) plaintiff was not required to exhaust his state-level administrative remedies before seeking federal relief; and 3) a non-revocable, non-transferable annuity purchased by plaintiff's wife did not fit the statutory definition of an "available resource" for purposes of calculating Medicaid eligibility.

[10/23] People v. Slattery
Sentence of time in state prison and payment of restitution to the hospital that treated defendant's mother, for elder abuse, is stricken where the hospital is not a direct victim of the offense, as required by section 1202.4(k)(2).

[09/30] Wood v. Jamison
In a malpractice action brought by the trustee of 78-year old decedent for defendant-attorney's role in performing legal services for client who convinced decedent that he was her nephew, judgment for damages, attorney's fees and costs based on legal malpractice, breach of fiduciary duty and financial abuse of an elder is affirmed where: 1) defendant failed to advise decedent of a conflict of interest; 2) defendant failed to advise decedent the investment was not appropriate for her, or at least to refer her to an independent investment advisor; and 3) defendant obtained an undisclosed profit from the transaction.

[06/07] Rath v. Carbondale Nursing and Rehab. Center, Inc.
Judgment for plaintiff on a claim for damages pursuant to the Nursing Home Care Act alleging various negligent acts by the defendant is affirmed where: 1) testimony as to defendant's negligence was proper even though defendant admitted to various acts of negligence since the information was relevant beyond the conclusions conceded by defendants; and 2) the fee award was reasonable in light of the contingency fee arrangement.

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