Resolution without trial

Question 1

Peralta v. Heights Medical Center

Answer 1

1. Facts
   i) D files judgement for non payment. Subpoena service was personal, but not timely, and Peralta did not appear or answer. Default judgment was granted to Heights. P appeals.
2. Holding
   i) Failure to give notice violates the most rudimentary demands of due process of law.
   ii) Courts will do everything they can to give the other party the chance to respond, Default judgements are not thought highly of.

Question 2

1) Caussade v. United States

Answer 2

1. Facts
   i) P failed to maker herself available for deposition and other necessary steps including keeping in contact with her attorney
2. Holding
   i) Court dismissed her case with prejudice.

Question 3

1) Kalinauskas v. Wong

Answer 3

1. Facts
   i) P sues D for sexual discrimination tried to depose another employee but that employee had signed a confidentiality agreement
   
   2. Holding
      i) Parties may obtain discovery regarding any unprivileged matter that is relevant to any party’s claim or defense.
      ii) In general as long as the information happened before the settlement, it is discoverable and therefore companies can’t buy silence to the extent they would like. They can only buy silence concerning the substantive claims of the settlement agreement.

Question 4

1) Celotex Corp v. Catrett

Answer 4

1. Facts
   i) P sued D for exposure her husband had to asbestos while working. D move for summary judgement for lack of evidence.
   
   2. Holding
      i) The party opposing the motion for summary Judgement bears the burden of responding only after the moving party has met its burden of coming forth with proof of absence of any genuine issues of fact
      ii) If there is a dispute try it!

Question 5

Bias v. Advantage Internationall

Answer 5

1. Facts
   i) P is suing over death of Lenny Bias basketball star. His agent should have purchased insurance but didn’t. They are deciding whether or not the agent could have because of his drug problem.
   
   2. Holding
      i) Court holds that genuine issue of fact is more of a 50-50 problem, if it could easily go either way then you should try it. If it is 60-40 then send it to summary judgement

Question 6

3) Tolan v. Cotton

Answer 6

1. Facts
   i) P’s car gest mistakenly identified as a stolen vehicle. In the discussion afterwards a police officer shoots him. Cotton moves for summary judgement
   
   2. Holding
      i) Summary judgment may only be granted when the evidence, viewed in the light most favorable to the non-movant, establishes that the movant is entitled to judgment as a matter of law.
      ii) Establishes more of a 90-10 scenario that even when the evidence is 10% likely, it should be tried.

Question 7

1) Ferguson v. Countrywide Credit Industries inc.

Answer 7

1. Facts
   i) P sues D for sexual harassment but is forced to arbitrate under an arbitration clause. However it was deemed unconscionable 2. Holdings
   i) An arbitration agreement is unenforceable as unconscionable when it arises from an inequality of bargaining power or surprise and when the terms are so one-sided as to shock the conscience.

Question 8

2) AT&T Mobility LLC v. Concepcion

Answer 8

1. Facts
   i) P purchase cell phones from D under campaign offering free phones. They still had to pay sales tax, so they filed a class action against AT&T
   
   2. Holdings
      i) State laws prohibiting arbitration “stand as an obstacle to the accomplishment and execution of the purposes and objectives of congress, and as such are preempted by the FAA.
      ii) FED GOV’T LOVES ARBITRATION
2. Trial Issues