Case Updates

ERISA does not preempt claims by bankruptcy creditors on behalf of a debtor against directors and officers who were alleged to have inflated the company's stock value to conceal the company's economic decline and benefit insiders. Read more

Dishonest debtor's request for a voluntary dismissal of his chapter 13 case "as a matter of right" under section 1307(b) was properly turned into a dismissal with prejudice under section 349(a). Read more

A class of retailers who do not accept American Express cards sued for damages as “umbrella” plaintiffs--retailers who alleged they had their own swipe fees increased because their credit card vendors followed Amex’s lead. The Second Circuit dismissed the suit holding that the non-Amex retailers were not efficient enforcers of the antitrust laws and therefore lacked antitrust standing. In re American Express Anti-Steering Rules Antitrust Litigation, Case No., 20-1766 (2d Cir. November 22, 2021) (hereinafter “Amex Anti-Steering Lit.”). Read more

On November 18, 2021, United States District Judge Jeffrey S. White dismissed most anticompetition claims brought against Uber Technologies, Inc. by San Francisco’s oldest cab company Desoto, recently renamed as Flywheel. Desoto Cab Company, Inc. v. Uber Technologies, Inc., et al., Case 4:16-cv-06385-JSW (N.D. Cal. November 18, 2021) Read more

In the longstanding In Re Apple iPhone Antitrust Litigation, Case 4-11-cv-06714 (N.D. Cal. filed November 8, 2021), Judge Yvonne Gonzalez Roger Read more

In order to receive a "Covid-19 Discharge" debtors must still comply with all other provisions of bankruptcy code section 1328(a) through (h); meeting only the requirements of section 1328(i) will not result in a discharge. Read more

A city may not administer ambulance services after delegating those services to the surrounding county. Read more

Zamora v. Security Industry Specialists (CA6, filed 9/30/21, pub. ord. 10/29/21 H044008) FEHA Disability Discrimination, Retaliation, Wrongful Termination McDonnell Douglas burden-shifting framework applied to plaintiff’s disability discrimination claim because he presented no direct evidence of discrimination. Triable issue of material fact existed on plaintiff’s disability discrimination claim because a jury could find that the empl Read more

The following regulatory information may be of interest to attorneys practicing insurance law. Read more

A private student loan is not "funds received as an educational benefit" and therefore is not excepted from discharge under Bankruptcy Code section 523(a)(8)(A)(ii). Read more