18 Cited authorities

Phillips v. Hillcrest Medical Center
244 F.3d 790 (10th Cir. 2001) Cited 194 times
Finding that the “EMTALA does not set a federal standard of care or replace pre-existing state medical negligence laws”
Ruiz v. Gap, Inc.
380 F. App'x 689 (9th Cir. 2010) Cited 58 times 2 Legal Analyses
Holding that the theft of a retail store's laptop containing personal information, including the social security numbers, of job applicants did not constitute an egregious breach of privacy and therefore was not sufficient to state a claim
McVicar ex rel. Situated v. Goodman Global, Inc.
1 F. Supp. 3d 1044 (C.D. Cal. 2014) Cited 37 times
Finding that plaintiff alleged "violation of several laws, including breach of express warranty, California Commercial Code § 2313" and that plaintiff's failure to specifically reference this statute or other portions of the complaint containing such allegations was irrelevant
Ruiz v. Gap, Inc.
622 F. Supp. 2d 908 (N.D. Cal. 2009) Cited 40 times
Finding claim for fear of future identity theft must be dismissed for lack of actual damages
Perkins v. Silver Mountain Sports Club
557 F.3d 1141 (10th Cir. 2009) Cited 33 times 1 Legal Analyses
Applying the McKennon rule to an ADEA claim
Wilner v. U.S.
24 F.3d 1397 (Fed. Cir. 1994) Cited 56 times 2 Legal Analyses
Holding that findings of fact in contracting officer's decision are not binding on parties at trial
Geddes v. Northwest Missouri State University
49 F.3d 426 (8th Cir. 1995) Cited 42 times
Holding that untenured professor with annual contract expressly limiting employment to one academic year had only unilateral expectation of continued employment despite university president's promise of lifetime employment
HM Hotel Properties v. Peerless Indemnity Insurance
624 F. App'x 520 (9th Cir. 2015) Cited 4 times
No. 13-16790 12-07-2015 HM HOTEL PROPERTIES, an Arizona Limited Liability Company, Plaintiff - Appellant, v. PEERLESS INDEMNITY INSURANCE COMPANY, FKA Colorado Casualty Insurance Company; DOES 1-50, inclusive, Defendants - Appellees. NOT FOR PUBLICATION D.C. No. 2:12-cv-00548-DGC MEMORANDUM Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding Submitted November 18, 2015 San Francisco, California Before: O'SCANNLAIN, FERNANDEZ, and M
Kinetic Builder's Inc. v. Peters
226 F.3d 1307 (Fed. Cir. 2000) Cited 17 times 1 Legal Analyses
Holding that government contract claims are separable when they "focus on a different or unrelated set of operative facts"
R.P. Wallace, Inc. v. U.S.
63 Fed. Cl. 402 (Fed. Cl. 2004) Cited 12 times 1 Legal Analyses
Stating that the apportionment of liquidated damages is permissible

United States of America v. International Fidelity Insurance Company et al

18 Cited authorities

Finding that the “EMTALA does not set a federal standard of care or replace pre-existing state medical negligence laws”

Holding that the theft of a retail store's laptop containing personal information, including the social security numbers, of job applicants did not constitute an egregious breach of privacy and therefore was not sufficient to state a claim

Finding that plaintiff alleged "violation of several laws, including breach of express warranty, California Commercial Code § 2313" and that plaintiff's failure to specifically reference this statute or other portions of the complaint containing such allegations was irrelevant

Finding claim for fear of future identity theft must be dismissed for lack of actual damages

Applying the McKennon rule to an ADEA claim

Holding that findings of fact in contracting officer's decision are not binding on parties at trial

Holding that untenured professor with annual contract expressly limiting employment to one academic year had only unilateral expectation of continued employment despite university president's promise of lifetime employment

Holding that government contract claims are separable when they "focus on a different or unrelated set of operative facts"

Stating that the apportionment of liquidated damages is permissible