Recent Events

Case Summaries

Injury & Tort Law

[05/09] U.S. ex rel Fried v. W. Independent Sch. Dist.
Dismissal of a claim under the False Claims Act for Social Security fraud is affirmed where: 1) plaintiff's claims were based on publicly disclosed information; and 2) plaintiff was not the original source of the information since he failed to show that it was qualitatively different from that which had already been discovered.

[05/09] California Highway Patrol v. Superior Court (Walker)
Vehicle Code section 14602.6(a)(1) provides only discretionary authority to impound and therefore the California Highway Patrol cannot be held liable under Government Code section 815.6 for failing to perform a mandatory duty.

[05/08] U.S. v. Harper
In an action alleging intentional and negligent misrepresentation by defendant's failure to disclose information in a referral letter, judgment against one defendant is reversed where: 1) the referral letter was not affirmatively misleading since it did not comment nor recommend on the doctor's proficiency; and 2) defendant did not have an affirmative duty to disclose negative facts. As for other defendants, their liability is affirmed, but the case is vacated and remanded in order to determine if there needs to be a re-apportionment of damages between the remaining defendants.

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Workers' Comp

[05/06] Steed v. Astrue
Denial of social security disability and supplemental security income benefits is affirmed where: 1) substantial evidence supported a finding that claimant retained the capacity to perform light work and suffered only mild degenerative changes to her back; and 2) the ALJ did not err in its evaluation of medical evidence or in discounting claimant's credibility.

[04/30] Antelope Valley Press v. Poizner
In a case considering whether, for purposes of worker's compensation insurance, persons who made deliveries of newspapers for a newspaper publisher were independent contractors or employees, the court of appeals finds that the specific facts of this case and relevant case law supported a conclusion that the carriers were employees, and not independent contractors.

[04/29] Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

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