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Maritz, Inc. v. Carlson Marketing Group, Inc.

RESPONSE to re Brief, Plaintiff Visa U.S.A. Inc.'s Opposition to Defendant Maritz Inc.'s Request for Discovery

16 Cited authorities

  1. Hickman v. Taylor

    329 U.S. 495 (1947)   Cited 6,489 times   31 Legal Analyses
    Holding in the context of the work product privilege that the adversary system requires a party's attorney be permitted to “assemble information, sift what he considers to be the relevant from the irrelevant facts, prepare his legal theories and plan his strategy without undue and needless interference”

  2. Nidds v. Schindler Elevator Corp.

    103 F.3d 854 (9th Cir. 1996)   Cited 759 times   2 Legal Analyses
    Holding that comments such as "old timers" and "we don't necessarily like grey hair" do not necessarily defeat summary judgment in age-discrimination cases

  3. Doctor's Assocs., Inc. v. Distajo

    107 F.3d 126 (2d Cir. 1997)   Cited 374 times
    Holding that a bond was not required where there was no proof of likelihood of harm

  4. Ticknor v. Choice Hotels Intern., Inc.

    265 F.3d 931 (9th Cir. 2001)   Cited 321 times
    Holding federal courts in diversity cases are "bound by the pronouncements of the state's highest court on applicable state law"

  5. Doctor's Associates, Inc. v. Stuart

    85 F.3d 975 (2d Cir. 1996)   Cited 218 times
    Holding that franchisee claims were arbitrable

  6. Mackey v. Pioneer Nat. Bank

    867 F.2d 520 (9th Cir. 1989)   Cited 183 times
    Holding that the at-pleasure provision of the NBA preempts state tort and contract claims

  7. Cohen v. Wedbush, Noble, Cooke, Inc.

    841 F.2d 282 (9th Cir. 1988)   Cited 116 times
    Holding that in order for a "mere omission to constitute actionable fraud, a plaintiff must first demonstrate that the defendant had a duty to disclose the fact at issue," and noting that "[w]e know of no case holding that parties dealing at arm's length have a duty to explain to each other the terms of a written contract"

  8. Fair v. Bakhtiari

    40 Cal.4th 189 (Cal. 2006)   Cited 63 times   2 Legal Analyses
    Holding that arbitration clause in mediation settlement agreement did not render the agreement admissible

  9. Television Events Marketing v. Amcon Distributing Co.

    488 F. Supp. 2d 1071 (D. Haw. 2006)   Cited 18 times
    In Television Events & Marketing, Inc. v. Amcon Distributing Co., 488 F.Supp.2d 1071, 1075-78 (D. Haw. 2006), the Court concluded that Hawaii law permits liability against a non-fiduciary under an aiding and abetting theory for substantially or intentionally “assisting” or “colluding” in a fiduciary's breach of duty.

  10. People ex rel. Sepulveda v. Highland Fed. Savings & Loan

    14 Cal.App.4th 1692 (Cal. Ct. App. 1993)   Cited 25 times
    Holding that general claims of unfair business practices and fraud were not preempted

  11. Section 1119 - Admissibility of statements, admissions, or writings; confidentiality

    Cal. Evid. Code § 1119   Cited 239 times   4 Legal Analyses
    Holding that no writing prepared for the purpose of mediation is admissible in a civil action in which testimony can be compelled