August 17, 2012

Supreme Court announces part of its October calendar

The Supreme Court is hearing three cases on October 3 at UC Davis’s law school. The court announced those cases today and said it will later announce other cases to be heard on October 2 in San Francisco.

Led by Davis alum Chief Justice Tani Cantil-Sakauye, the court in Davis will hear the following cases (with the issues presented as stated on the court’s website):

Ralphs Grocery Co. v. United Food and Commercial Workers Union Local 8: (1) Did the Court of Appeal err in concluding that the parking area and walkway in front of the entrance to plaintiff’s retail store, which is part of a larger shopping center, do not constitute a public forum under Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899 and its progeny? (2) Do the Moscone Act (Code Civ. Proc. section 527.3) and Labor Code section 1138.1, which limit the availability of injunctive relief in labor disputes, violate the First and Fourteenth Amendments of the United States Constitution because they afford preferential treatment to speech concerning labor disputes over speech about other issues?

Nalwa v. Cedar Fair, L.P.: (1) Does the existence of a state regulatory scheme for amusement parks preclude application of the doctrine of “primary assumption of risk” with respect to the park’s operation of a bumper car ride? (2) Does the doctrine apply to bar recovery by a rider of a bumper car ride against the owner of an amusement park or is the doctrine limited to “active sports”? (3) Are owners of amusement parks subject to a special version of the doctrine that imposes upon them a duty to take steps to eliminate or decrease any risks inherent in their rides? [Disclosure: Horvitz & Levy filed an amicus brief, supporting the defendant, on behalf of the California Attractions and Parks Association.]

Sargon Enterprises, Inc. v. University of Southern California: Did the trial court err in excluding proffered expert opinion testimony regarding lost profits?

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