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Case Summaries

Environmental Law

[08/06] Southwest Marine, Inc. v. US
Fees incurred by plaintiff-shipyard operator during its unsuccessful defense of a private party Clean Water Act lawsuit are not allowable costs under Subpart 31.2 of the Federal Acquisition Regulation (FAR), 48 C.F.R. sections 31.201-31.205.

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Labor & Employment Law

[08/07] Lukovsky v. City and County of San Francisco
In an action against San Francisco, its Municipal Transportation Agency (MUNI), and various individual defendants for race and national origin discrimination based on claims defendants gave preferential hiring treatment to Asian workers, grant of defendants' Rule 12(b)(6) motion to dismiss on statute of limitations grounds is affirmed where: 1) the cause of action accrued and the statute of limitations began to run when plaintiffs received notice they would not be hired; and 2) equitable estoppel did not prevent defendants from asserting the statute of limitations defense.

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Probate Trusts

[08/01] Estate of Molino
In probate proceedings involving appellant's claims that he had valid assignments entitling him to a percentage of respondents' inheritance, summary judgment against appellant is affirmed where: 1) the 1997 agreements were not enforceable as they were void as against public policy; and 2) appellant could not rely on ratification or laches to enforce the agreements.

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Insurance Law

[08/07] Flamingo Express, Inc. v. Fed. Aviation Admin.
In a complaint filed with the FAA by the operator of an air service alleging that a city had violated its obligations under federal law by, among other things, failing to approve an application and requiring that petitioner obtain unreasonably high liability insurance coverage, dismissal of the complaint is affirmed where the city did not violate its federal obligations.

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Criminal Law & Procedure

[08/07] Muhammad v. McCarrell
In an inmate's 42 U.S.C. section 1983 action against a Supermax Unit and several of its officers raising a tort claim for battery and alleging that his Eighth Amendment rights were violated when officers used excessive force to extract him from his cell, judgment pursuant to a jury verdict for defendants is affirmed where: 1) the evidence was sufficient to support the jury verdict; and 2) defense attorney's comments during closing arguments did not unfairly prejudice the jury.

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Commercial Law

[08/07] Peck v. Cingular Wireless, LLC
In a class action lawsuit brought by a former employee against Cingular claiming, inter alia, it violated state law by passing a business and occupation tax (B&O tax) on to consumers in the form of a line item charge, dismissal of the suit is vacated where, contrary to the ruling below, there was no federal preemption of plaintiff's state law claims.

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