Latest 3 Cases: Gruber v. Yelp Inc. (Business Law), Dones v. Life Insurance Co. of North America (Civil Procedure), In re Butler (Civil Rights)

A Somewhat Optimistic View of the Possible Constitutional Crisis of 2020

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan reflects on the contributions of the late Justice Ruth Bader Ginsburg to tax law jurisprudence and discusses the potential chaos that faces our country in the upcoming elections. Although he expresses cautious optimism that law and the American public together should prevent a constitutional crisis, Buchanan warns that we should all be frightened by the fact that the election can still be stolen if enough carefully placed Republican partisans are willing to upend our constitutional democracy.

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Gruber v. Yelp Inc.

Docket: A155063(First Appellate District)

Opinion Date: October 7, 2020

Judge: Jackson

Areas of Law: Business Law, Communications Law, Consumer Law

Yelp publishes crowdsourced business reviews and allows businesses to advertise on its Website and mobile app. Yelp employs over 2,000 sales representatives to solicit advertising sales. Gruber, a solo attorney practitioner, was contacted by phone several times by Yelp sales representatives. During these calls, in which the sales representatives’ voices were recorded, Gruber discussed confidential and financial information regarding his law firm. When conversing with one representative, who happened to be his friend, Gruber sometimes joked, discussed private topics, and used profanity. Gruber did not recall that any Yelp sales representative notified him that the conversations were being recorded. Gruber sued under the California Invasion of Privacy Act (CIPA) Pen. Code 630, alleging unlawful recording and intercepting of communications; unlawful recording of and eavesdropping upon confidential communications; and unlawful wiretapping. The trial court granted Yelp summary judgment. The court of appeal reversed. While Gruber was not recorded during any calls (only Yelp’s representatives were recorded), CIPA is violated if a defendant records any portion of a conversation between two or more individuals. When the Yelp salespeople spoke during the one-sided recordings of their conversations with Gruber, the recordings revealed firsthand and in real-time their understanding of or reaction to Gruber’s words. Yelp failed to meet its burden of production regarding whether its use of VoIP technology precludes CIPA's application.

Dones v. Life Insurance Co. of North America

Docket: A157662(First Appellate District)

Opinion Date: October 7, 2020

Judge: Kline

Areas of Law: Civil Procedure, Insurance Law

While employed by Alameda County and on a medical leave of absence, Johnson enrolled online in supplemental life insurance coverage under a LINA group insurance policy. She remained on leave on the policy’s effective date and died six months later, without returning to work. When her beneficiary claimed benefits, LINA denied coverage based on a policy provision stating the insurance would not become effective if the employee was not in “active service” on the effective date. Johnson’s beneficiary sued for breach of contract, arguing that LINA and the county waived or were estopped from asserting the active service precondition. The court of appeal affirmed the dismissal of Alameda County but reversed the dismissal of LINA. In determining the effect of preconditions to effective coverage, waiver and estoppel are questions of fact. There are factual questions as to what Johnson knew or should have known about the active service requirement and whether the conduct of LINA and the county supported a reasonable expectation that the supplemental insurance was in place and effective. It is not apparent that “active service” has a single unambiguous meaning such that Johnson necessarily must have known she was not in “active service” because she was on medical leave. If Johnson’s policy went into effect, LINA, not the county, is liable for improper denial of benefits.

In re Butler

Docket: A159122(First Appellate District)

Opinion Date: October 7, 2020

Judge: Sanchez

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In 1993, Butler was convicted of raping two women and assault with intent to commit rape of a juvenile and sentenced to 18 years in prison. In 2006, before his release, the District Attorney filed a petition to commit Butler under the Sexually Violent Predators (SVP) Act, Welf. & Inst. Code, 6600. Despite Butler's numerous demands for a trial and explicit direction to the Public Defender’s office that it was not authorized to waive time, no trial was held. Butler was confined to a state hospital for 13 years awaiting trial on his SVP petition; more than 50 continuances were granted without objection or a finding of good cause. In 2019, Butler’s appointed private counsel filed a habeas corpus petition. The court found that Butler’s due process right to a timely trial had been violated and that the public defender, district attorney, and trial court all bore some responsibility for this “extraordinary” delay. The court of appeal affirmed, rejecting the district attorney’s argument that she had no affirmative obligation to bring a person to trial on an SVP petition. Because involuntary civil confinement involves a substantial deprivation of liberty, an alleged SVP defendant is entitled to a trial at a meaningful time. The ultimate responsibility for bringing an accused SVP detainee to trial rests with the state. Here, the blame for the delay is shared between the district attorney’s office, the public defender’s office, and the court.