Justia California Court of Appeals Opinion Summaries

Todd McNair, a former assistant football coach at the University of Southern California, sued the National Collegiate Athletic Association. The NCAA specially moved to strike plaintiff’s complaint on the ground the action was a strategic lawsuit against public participation (Code Civ. Proc., 425.16) and moved the court to seal certain records. Although the court denied the motion to seal, it conditionally sealed the documents pending appellate review. In connection with appeal from the denial of its special motion to strike, NCAA moved the court of appeal to seal the same documents lodged as part of the appellate record. The court denied the motion, noting the public’s First Amendment right of access to documents used at trial or as a basis of adjudication and a presumption of openness of substantive court proceedings in ordinary cases. To seal records, courts must find that there is an overriding interest supporting sealing records; there is a substantial probability that the interest will be prejudiced absent sealing; the proposed sealing is narrowly tailored to serve the overriding interest; and there is no less restrictive means of achieving that interest. NCAA failed to carry its burden to demonstrate that its interest in the confidentiality of its enforcement proceedings overrides the constitutional right of access and the presumption of openness, or how that interest would be prejudiced if the documents were disclosed. View "McNair v. Nat. Collegiate Athletic Ass'n" on Justia Law

AEG hired Dr. Murray as entertainer Michael Jackson’s personal physician for a concert tour. Michael died of acute propofol intoxication while under Murray’s care. Katherine Jackson, on behalf of herself and as guardian of Michael’s children, Michael Jr., Paris-Michael and Prince Michael, filed suit for negligence hiring, retention, and supervision. The jury found that Murray was not unfit or incompetent to perform the work for which he was hired. The court of appeal affirmed, holding that the trial court did not err in summarily adjudicating negligence because AEG did not owe Michael a duty to refrain from exerting pressure over Murray; AEG did not undertake to provide protective services to Michael; and AEG owed Michael no duty arising out of the contract with Murray. The court also did not err in summarily adjudicating respondeat superior because the undisputed facts establish that Murray was an independent contractor as a matter of law; AEG is not liable under the peculiar risk doctrine as an independent contractor; and Murray was not an agent of AEG. The trial court did not err in instructing the jurors with a modified jury instruction along with the special verdict form; the special verdict was legally sufficient. View "Jackson v. AEG Live, LLC" on Justia Law