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Fair report privilege bars defamation and trade libel claims based on a press release issued by plaintiffs’ attorneys accurately summarizing jury verdict and proceedings in a False Claims Act suit against the defamation plaintiff.  Read More

The trial court did not abuse its discretion in granting terminating sanctions after plaintiff’s attorney repeatedly disobeyed in limine orders by referring to excluded evidence in his opening statement and questioning of witnesses, prejudicing defendants because jury might think their repeated, proper objections were hiding the true facts from the jury.  Read More

Although a state-law privilege exists to protect against discovery of tax returns, the privilege is not absolute, and can be overcome when another public policy outweighs the policy underlying the privilege—such as, here, the integrity of debtor examination proceedings.  Read More

Res judicata did not bar current because since the current defendants who were not parties to the prior suit and were not in privity with those parties, and because the record did not show the reason why the prior suit was dismissed on the pleadings. Read More

Under the FLSA, an employer may round work start and stop times to the nearest 15 minutes, if the rounding does not decrease work time considering all workers over an extended period; also, another practice that deprived plaintiff, alone, of one minute of work time was a de minimis violation for which the FLSA provided no remedy. Read More

State law claims based on manufacturer’s failure to adequately train physicians on installation of its lap-band implant is preempted by the federal Food, Drug, and Cosmetic Act since, apart from the FDCA, state law imposed no duty on a manufacturer to train physicians Read More

A loan servicer, and its principal, the loan’s owner, can be held liable to a borrower for negligence  in handling the borrower's loan modification application; however, the borrower has no breach of contract claim for the loan servicer’s failure to offer a permanent loan modification after performance of a non-HAMP trial period plan.  Read More

To prove a common law dedication, plaintiff need only show the owner’s intent to dedicate the property to public use and the public’s acceptance of the dedication; no written conveyance or acceptance by a public entity is required.  Read More

Because a property owner has no right to unobstructed views, the owner cannot sue a city in inverse condemnation for planting trees that block views even if the loss of views lowers the value of the property.  Read More

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