This appeal presents the question, inter alia, of whether an entity may compel arbitration on the basis of an arbitration clause in a contract to which it was not a party. Under the circumstances presented by this case, we conclude it may not, and we affirm the order of the district court denying the motion to compel arbitration.

I

Amrish Rajagopalan accumulated approximately $15,000... More...   $0 (05-20-2013 - WA)

A trial court has statutory authority to determine the "reasonable rate" a court reporter may charge a "non-noticing party" for copies of deposition transcripts in a pending action. (Code Civ. Proc., §§ 2025.510, 128, subd. (a)(5);1 Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014 (Serrano).) Here we decide that a non-noticing party who does not move for such an order in ... More...   $0 (05-07-2013 - CA)

Plaintiff Zena Phillips was a beneficiary of a life insurance policy taken out by her fiancé, Michael Strang, and issued by Defendant Pruco

2 No. 11-3870

Life Insurance Company, a subsidiary of Defendant Prudential Life Insurance Company of America (together, “Prudentialâ€�). When Strang died, Prudential informed Phillips that the default method for paying the claim was the â€... More...   $0 (05-07-2013 - IN)

24 Several individual investors appeal from Judge Crotty’s
25 dismissal of their complaint alleging securities fraud in
26 violation of Section 10(b). We dispose of this appeal by both
27 summary order and opinion. In the summary order issued
28 simultaneously with this opinion, we affirm in part and vacate
29 and remand in part with regard to most appellees. In this
30 o... More...   $0 (05-07-2013 - NY)

Plaintiffs-Appellants Jessica Fink and Brett Noia (“Plaintiffsâ€�) appeal from a judgment of the United States District Court for the Southern District of New York (Laura Taylor Swain, Judge) dismissing their Second Amended Class Action Complaint (“Complaintâ€�) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. We conclude that the allegations stated in the Complaint – which... More...   $0 (05-06-2013 - NY)

The issue presented in this appeal is whether the district court erred in dismissing a complaint against four foreign banks for lack of personal jurisdiction. The complaint alleges an international conspiracy of foreign banks, corrupt Internet Payment Service Providers, and illegal prescription drug dealers ("pharmacists") to sell illegal prescription drugs over the Internet.

One plaintif... More...   $0 (05-03-2013 - VA)

9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the
... More...   $0 (05-01-2013 - NY)

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil... More...   $0 (04-25-2013 - CA)

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,â€� is itself a public or limited public figure so as to implicate the First Amendme... More...   $0 (04-18-2013 - CA)

This case presents a challenge to the practice known in the 401(k) services industry as “revenue sharing�—an arrangement allowing mutual

2 Nos. 12-1081, 12-1213 & 12-2536

funds to share a portion of the fees that they collect from investors with entities that provide services to the mutual funds, the investors, or both. Although the practice has been commonplace for years, unti... More...   $0 (04-15-2013 - WI)

Five current or former temporary employees (the "Temporary Employees") of the Board of Education of Prince George’s County, Maryland ("School Board") filed a class action complaint in the Circuit Court for Prince George’s County, asserting employee-compensation claims against the School Board, its chair, and the Association of Classified Employees/American Federation of State, County and Munic... More...   $0 (04-12-2013 - )

2 This case concerns the scope of Clackamas County's contractual obligation
3 to provide health insurance benefits to command officer retirees of the Clackamas County
4 Sheriff's Office. A contract between the county and command officers, including
5 plaintiff, Neil James, required the county to use a particular fund to pay for a certain level
6 of health insurance benefits to comm... More...   $0 (04-11-2013 - OR)

Michael Burke signed a contract to purchase a condominium unit and two parking spaces in the Trump International Hotel & Tower in downtown Chicago for about $2.2 million. Burke made two earnest payments totaling 20% of the purchase price. When it came time to close, however, Burke refused to pay. He filed this lawsuit after the developer declined to refund his earnest money. Burke maintains
More...   $0 (04-10-2013 - IL)

Volkswagen Group of America, Inc. (hereinafter, “Volkswagen�) seeks review of the trial court’s judgment awarding the attorneys in the underlying class action lawsuit attorneys’ fees. Volkswagen raises five points on appeal challenging the lodestar amount and the multiplier that the trial court applied.

This Court finds that the lodestar amount was within the trial court’s discret... More...   $0 (04-09-2013 - MO)

We must decide whether federal securities law preempts the enforcement of California’s forced-patronage statute against brokerage houses that forbid their employees from opening outside trading accounts.

I

A

Federal law requires brokerage firms to take measures reasonably designed to prevent their employees from misusing material, nonpublic information. To meet that obligati... More...   $0 (04-09-2013 - CA)

Marcy Johnson brought this putative class action against West Publishing
Corporation ("West"), alleging that it "improper[ly] and unlawful[ly] . . . obtained,
acquired, disclosed, sold and/or disseminated [Johnson's] and putative Class members'
personal information or highly restricted personal information for commercial
purposes and profit, as prohibited by [the Driver's Privacy P... More...   $0 (04-09-2013 - MO)

This is an interlocutory appeal from the denial of the City of Dallas’s amended plea to the jurisdiction. We reverse the trial court’s order and render judgment granting the City’s plea and dismissing appellee’s lawsuit with prejudice. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to he applied in the case is well settled.

Texas ... More...   $0 (04-01-2013 - TX)

In this appeal, we consider the enforceability of an arbitration clause included in a franchise agreement between the plaintiff, Samuel Muriithi, and the defendant, Shuttle Express, Inc. The district court refused to compel arbitration based on three provisions in the franchise agreement that the court found were unconscionable: (1) a class action waiver; (2) a requirement that the parties "split"... More...   $0 (04-01-2013 - MD)

William Dailey (Dailey), individually and on behalf of a proposed class of similarly situated individuals, sued Sears, Roebuck and Co. (Sears), alleging several

2

causes of action arising from Dailey's core contention that Sears violated California's wage and hour laws, including those governing overtime pay and rest and meal breaks, with respect to its auto center "Managers" and "As... More...   $0 (03-27-2013 - CA)

After plaintiff Gustavo E. Vasquez purchased a used car on credit from defendant Greene Motors, Inc. (Greene), the vehicle‘s financing was assigned to defendant American Honda Finance Corporation (Honda). When Vasquez later sued Greene and Honda in connection with the terms of the financing, defendants petitioned the superior court to compel arbitration of the matter under a clause in the sales ... More...   $0 (03-27-2013 - CA)

Defendants-Appellants Goldman, Sachs & Co. and The Goldman Sachs Group (“Goldman
6 Sachs�) appeal from an order of the United States District Court for the Southern District of New
7 York (Sand, J.) denying their motion to compel arbitration of Plaintiff-Appellee Lisa Parisi’s claims
8 of gender discrimination. Parisi, a former managing director, and two other former female
9... More...   $0 (03-21-2013 - NY)

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE ... More...   $0 (03-14-2013 - FL)

In 2010, the North Carolina General Assembly voted to impose stricter eligibility requirements for in-home personal care services (PCS), an optional Medicaid program that assists disabled adults with daily tasks such as eating and bathing. Appellees—thirteen North Carolina residents who lost access to in-home PCS due to the statutory change (collectively "the PCS Recipients")—brought suit, con... More...   $0 (03-05-2013 - NC)

Plaintiff Ray V. Caprio filed a complaint against Defendant Healthcare Revenue Recovery Group, LLC (“HRRGâ€�), alleging two claims under the Fair Debt Collection Practices Act (“FDCPAâ€�). Caprio appeals from the order of the United States District Court for the District of New Jersey granting HRRG‟s motion for judgment on the pleadings. We will vacate the District Court‟s order and will r... More...   $0 (03-01-2013 - NJ)

George Fleming and his law firm, Fleming & Associates, L.L.P., appeal from a judgment against them and in favor of Sandra Kinney, on behalf of Maybell Shelton; Elizabeth Parzanese; Annette Vincent; Annette Ruiz; Carol Martin; Renee Gaona; Helen Smith Blankenship; Lana Herron; Michelle Lindesmith; and Shirley Danford.1 We reverse the trial court’s judgment and remand for proceedings consistent wi... More...   $0 (02-28-2013 - TX)