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[08/19] Disabled Action of Pennsylvania v. S.E. Pennsylvania Transp. Auth.
In a challenge under the Americans With Disabilities Act (ADA) and the Rehabilitation Act to defendant's alteration of two Philadelphia subway stations without including elevators, summary judgment for defendant is reversed and remanded where: 1) a two-year statute of limitations applied to plaintiffs' claims; and 2) the statute of limitations began to run when work was completed, as this was the time at which disabled individuals were subjected to the disparate treatment that the ADA was enacted to prevent, and not during the planning phase on the date when plaintiffs knew or had reason to know of the injury.

[08/19] Zumbrun Law Firm v. California Legislature
Denial of declaratory and injunctive relief for plaintiff is affirmed where: 1) the contract for the Capitol Park Safety and Security Improvement Project (Capitol Project) did not violate the separation of powers doctrine of article III, section 3 of the Constitution because the Legislature retains power necessary to its lawmaking functions, including the power to protect the safety and security of the Legislature; 2) the Legislature did not delegate this function to the Department of General Services when it created the Department to provide management and technical services for the state; and 3) the Legislature is not bound by the competitive bidding requirements of the State Contract Act, and the documents sought are exempt from discovery under LORA and the Constitution.

[08/18] In the Matter of: N A Flash Found. Inc.
In a bankruptcy case, refusal to avoid transfers made by debtor to one of its creditors just prior to its bankruptcy filing is affirmed where under state law, creditor was a beneficiary of a construction trust fund of which debtor was trustee, and would be entitled to full recovery of the funds transferred, even in a Chapter 7 proceeding.

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Labor & Employment Law

[08/20] Prescott v. Higgins
In a claim of racial discrimination against defendant city, grant of summary judgment for defendants, denial of plaintiff's cross-motion for summary judgment, and denial of motion to alter or amend the judgment are affirmed over claims of error that: 1) selection criteria used by defendant resulted in a less than eighty percent success rate for African-American applications; 2) the selection criteria have had a disparate impact on African-American applicants; and 3) plaintiff was not compensated for serving as Acting General Foreman in 2002 when the then-General Foreman was out on sick-leave.

[08/20] Soto-Lebron v. Federal Express Corp.
In a matter brought by former employee against defendant FedEx following his termination, grant of FedEx's motion for judgment as a matter of law on the slander and libel claims is affirmed where: 1) the evidence introduced in support of the slander claim "does not rise to more than informal rumors" circulating among employees, for which FedEx cannot be held liable; and 2) there was sufficient evidence to support liability for libel. Case is remanded for new trial on damages for the libel claim where admission of irrelevant evidence tainted the jury's damage calculation and that taint was not cured by remittitur. Denial of defendant's motion for judgment as a matter of law on the intentional infliction of emotional distress claim is reversed where former employee-plaintiff did not introduce any evidence suggesting that a subsequent employer or potential employer treated him adversely as a result of the defamatory statements made by FedEx.

[08/20] Buckley v. Mukasey
In an action under Title VII claiming race discrimination, sex discrimination, and retaliation stemming from plaintiff's employment as a special agent with the Drug Enforcement Administration, judgment as a matter of law for the government is vacated and remanded where: 1) district court's ruling on certain class action litigation evidence constituted an error of law and thus, an abuse of discretion; 2) the court erred in granting the government's Rule 50 motion on a failure-to-promote retaliation claim; and 3) plaintiff was entitled to a new trial on the claims that were, and which should have been, submitted to the jury in a 2006 trial.

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Commercial Law

[08/20] Boschetto v. Hansing
The sale of one automobile via the eBay website, without more, does not provide sufficient "minimum contacts" to establish jurisdiction over a nonresident defendant in the forum state.

[08/20] Theme Promotions, Inc. v. News Am. Mktg. FSI
In a case involving, inter alia, whether right of first refusal agreements between a publisher of advertising tools and packaged goods companies violate California antitrust and tort law, judgment in the matter is affirmed primarily as the jury verdict in favor of plaintiff was supported by substantial evidence in the record.

[08/19] DSW, Inc. v. Shoe Pavilion, Inc.
In a suit alleging infringement of two patents for storing and displaying footwear for customer self-service, summary judgment of non-infringement of one patent and no liability for damages for past infringement of both patents is vacated and remanded where: 1) the finding of non-infringement was based on incorrect construction of claims; and 2) patent infringement is a strict liability offense, and an infringer's reasonable steps and good faith efforts to cease infringing activity are insufficient to avoid damages.

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