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Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. ___ (2017), was a United States Supreme Court case in which the Court held that California courts lacked personal jurisdiction over the defendant on claims brought by plaintiffs who are not California residents and did not suffer their alleged injury in California. [1]
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
The California Court of Appeal reversed the trial court's denial of the motion to suppress. However, the California Supreme Court reversed the Court of Appeal, reinstating the trial court's decision. Although the State conceded that the police had no lawful basis to effect the traffic stop, the California Supreme Court still held that the trial ...
Holding; To survive a motion for a summary judgment, a plaintiff seeking damages for a violation of § 1 of the Sherman Act must present evidence "that tends to exclude the possibility" that the alleged conspirators acted independently, such that the inference of a conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed ...
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
The California courts have long grappled with the appropriate standard for determining whether a worker is properly classified as an employee or an independent contractor for the purpose of California’s employment laws. At common law, the employment relationship was determined by the degree of control over the details of the work being performed.
An American soldier who had served nearly two months in a South Korean prison, fled across the heavily armed border into North Korea, U.S. officials said Tuesday, becoming the first American ...
Case history; Prior: 226 Cal. Rptr. 448 (Cal. App. 1986); reversed, 47 Cal.3d 1152, 255 Cal.Rptr. 542, 767 P.2d 1020 (1989); cert. granted, 493 U.S. 806 (1989)Holding; Attorneys may be required to be members of a state bar association, but compulsory membership dues collected by the association may be used only to regulate the legal profession or improve the quality of legal services in the state.