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CRST Inc. v. Superior Court (Lennig)
Employer's admission of vicarious liability does not shield it from punitive damages; employer nonetheless not subject to punitive damages due to lack of triable issues of fact.
Remedies May 31, 2017
Higgins v. Higgins
Trustee's repudiation of irrevocable trust held for third party beneficiary permits imposition of constructive trust.
Remedies May 11, 2017
U.S. v. Johnson
Under Mandatory Victim Restitution Act, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern.'
Remedies Apr. 24, 2017
Jamison v. Dept. of Transportation
Imposing preliminary injunction on Caltrans interferes with its statutory duty to control encroachments upon state highway right-of-way, resulting in reversal in Caltrans favor.
Remedies Oct. 19, 2016
Robinson v. U-Haul Co. of California
Truck-rental company's past practice of pursuing non-compete covenants warrants permanent injunction barring practice in California.
Remedies Oct. 18, 2016
Wood v. Burwell
Plaintiffs that successfully challenged Secretary's approval of Arizona demonstration project entitled to 'prevailing party' status under Equal Access to Justice Act.
Remedies Sep. 14, 2016
Ibrahim v. U.S. Dept. of Homeland Security
District court erroneously disallows fee relating to discrete litigation positions taken by government in action challenging doctor's inclusion in government terrorist databases.
Remedies Aug. 30, 2016
Teutscher v. Woodson
District court's award of equitable remedies under ERISA overturned where plaintiff had already obtained jury award of front pay damages to compensate for same harm.
Remedies Aug. 28, 2016
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B).
Remedies Aug. 18, 2016
In re Swift Transportation Co. Inc.
Transportation company not entitled to writ of mandamus ordering court to vacate its case management order and to decide petition to compel arbitration without discovery or trial.
Remedies Jul. 27, 2016
Bennett v. Bank Melli
Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act allow judgment creditors to pursue Iran's national bank to collect on unsatisfied judgment for state-sponsored terrorist attacks.
Remedies Jun. 15, 2016
Moyle v. Liberty Mutual Retirement Benefit Plan
Former employees of acquired insurance company may maintain their ERISA claim for equitable relief under 29 U.S.C. Section 1132(a)(3) despite alternative claim under Section 1132(a)(1)(B).
Remedies May 23, 2016
Ministerio Roca Solida v. McKelvey
Federal officer may not be sued in her individual capacity for purely injunctive relief under judicially-created 'Bivens' remedy.
Remedies May 5, 2016
O’Brien v. AMBS Diagnostics LLC
Money set aside in Section 529 Savings Account not exempt from collection efforts for valid money judgment against judgment debtor.
Remedies Apr. 22, 2016
Villery v. Dept. of Corrections and Rehabilitation
Inmate's mandamus petition improperly dismissed where, contrary to trial court's determination,' habeas corpus relief was not more appropriate to remedy grievances.
Remedies Apr. 12, 2016
FTC v. Commerce Planet Inc.
Court has authority to award restitution under Section 13(b) of FTC Act, but remand required where judgment does not actually hold defendant jointly and severally liable.
Remedies Mar. 4, 2016
Hill v. Superior Court (Staggers, Jr.)
Reversal required where court wrongly concludes double damages under Probate Section 859 are prohibited punitive damages.
Remedies Feb. 29, 2016
Ministry of Defense v. Frym
Lien claimants may attach $2.8 million judgment Iran obtained against American company to satisfy Iran's obligations for injuries arising out of state-sponsored terrorism.
Remedies Feb. 29, 2016
Bennett v. Bank Melli
Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act allow judgment creditors to pursue Iran's national bank to collect on unsatisfied judgment for state-sponsored terrorist attacks.
Remedies Feb. 23, 2016
Hill v. Superior Court (Staggers, Jr.)
Reversal required where court wrongly concludes double damages under Probate Section 859 are prohibited punitive damages.
Remedies Feb. 22, 2016
Picerne Construction Corp. v. Castellino Villas
Foreclosure of mechanic's lien upheld where contractor timely records lien based on 'actual,' not 'substantial' completion of work of improvement.
Remedies Feb. 19, 2016
DM Residential Fund II LLC v. First Tennessee Bank National Association
Purchaser's two-year delay in pursuing rescission and taking action inconsistent with unwinding purchase results in affirmance of summary judgment in seller's favor.
Remedies Dec. 31, 2015
HPT IHG-2 Properties Trust v. City of Anaheim
City of Anaheim properly estopped from changing terms of conditional use permit issued to allow plaintiff developers to construct two hotels.
Remedies Dec. 23, 2015
Fidelity National Financial v. Friedman
A registered judgment for the recovery of money or property may itself be registered in yet another district.
Remedies Oct. 8, 2015
Bennett v. Bank Melli
Terrorism Risk Insurance Act and 28 U.S.C. Section 1610(g) both provide grounds for abrogating Bank Melli's, Iran's national bank, asset immunity for terrorism-based judgments.
Remedies Aug. 27, 2015
Fidelity National Financial v. Friedman
A registered judgment for the recovery of money or property may itself be registered in yet another district.
Remedies Aug. 17, 2015
People v. Gross
Dismissal of burglary charges after defendant's successful completion of rehabilitation program does not relieve defendant's restitution obligations.
Remedies Jul. 28, 2015