| Year |
Title |
|
| 2011 |
Stern v. Marshall (2011) 564 U.S. ____; 131 S.Ct. 2594
The Supreme Court held that a bankruptcy court has statutory authority to enter final judgment on a debtor’s state-law counterclaims against a creditor, but that Article III of the United States Constitution makes the statutory grant unconstitutional. It also held that 28 U.S.C. section 157(b)(5), which specifies that district courts must order that “personal injury tort and wrongful death claims” be tried in district court, is not jurisdictional and creditors can consent, through their conduct, to a bankruptcy court resolving such claims.
Kent L. Richland
, Alan Diamond
, Edward L. Xanders
|
|
| 2007 |
Telenda v. NM Homes One, Inc. (2007) 2007 Cal.App. Unpub. LEXIS 1537
Propriety of summary judgment order; construction of agreements to construct and sell home
Irving H. Greines
, Alan Diamond
|
|
| 2006 |
Marshall v. Marshall (2006) 547 U.S. 293, 126 S.Ct. 1735,164 L.Ed.2d 480
Claims based on interference with an inter vivos trust do not fall within the “probate” exception to federal jurisdiction
Kent L. Richland
, Alan Diamond
, Edward L. Xanders
|
|
| 2005 |
City of Riverside v. Valley Outdoor, Inc. (2005) 2005 Cal.App. Unpub. LEXIS 8211
Injunctive relief regarding removal of billboards; application of res judicata
Timothy T. Coates
, Alan Diamond
|
|
| 2005 |
Baltmar v. Towson (2005) 2005 Cal.App. Unpub. LEXIS 3822
Construction of class action settlement agreements
Irving H. Greines
, Alan Diamond
|
|
| 2003 |
Nelson v. County of Los Angeles (2003) 113 Cal.App.4th 783
Court reversed parents’ wrongful death judgment because of their lack of contact with their adult decedent child and they private attorney general fee award because of their personal stake in the case
Timothy T. Coates
, Alan Diamond
|
|
| 2001 |
Trancas Property Owners Assn. v. California Coastal Commission (2001) 2001 Cal.App. Unpub. LEXIS 636
Conditions under which coastal development permit expires
Robin Meadow
, Alan Diamond
|
|
| 2001 |
Desert Healthcare Dist. v. PacifiCare FHP, Inc. (2001) 94 Cal.App.4th 781
Responsibility of healthcare services plan for payment of claims to third-party physicians under the Knox-Keene Act
Timothy T. Coates
, Alan Diamond
|
|
| 2001 |
Hamel v. Keel (2001) 2001 Cal.App. Unpub. LEXIS 2630
Authority of trial court in medical malpractice case to order proportionate, rather than pro rata, contribution award
Irving H. Greines
, Marc J. Poster
, Alan Diamond
|
|
| 1998 |
Batchelder v. Kawamoto (9th Cir. 1998) 147 F.3d 915
Standing to bring derivative action of holder of American Depository Receipts of Japanese corporation; choice of law
Kent L. Richland
, Robin Meadow
, Alan Diamond
|
|
| 1998 |
Butcher v. Rolling Hills Country Club (1998, B105846)
New trial after $10 million punitive damage verdict concerning drainage from a neighboring property
Robert A. Olson
, Alan Diamond
|
|
| 1998 |
Pattiz v. Minye (1998) 61 Cal.App.4th 822
Dismissal as terminating sanction not “favorable termination on the merits”
Robert A. Olson
, Alan Diamond
|
|
