FindLaw Opinion Summaries - Civil Procedure

Daily civil procedure case summaries, brought to you by FindLaw.com.

Katz v. The Donna Karan Company, LLC

(United States Second Circuit) - Affirming the judgment of the district court dismissing the plaintiff's complaint for lack of subject matter jurisdiction in a Fair and Accurate Credit Transactions Act (FACTA) case because the printing of a credit card number on a receipt was held not to increase the risk of material harm of identity theft, but remanding for the dismissal to be entered without prejudice due to the lack of subject matter jurisdiction.
Posted: September 19, 2017, 8:00 am

California State Outdoor Advertising Association v. City and County of San Francisco

(United States Ninth Circuit) - Reversing and remanding the district court's denial of a plaintiff motion for preliminary injunction for abuse of discretion in the case of a group of retailer associations challenging a San Francisco city ordinance that required a warning about the health effects of sugar-sweetened beverages they say violated their First Amendment rights because the associations are likely to succeed on the merits of their claim that this is an unjustified and unduly burdensome disclosure requirement chilling protected commercial speech.
Posted: September 19, 2017, 8:00 am

F.E.V., a Minor v. City of Anaheim

(California Court of Appeal) - Reversing and remanding the trial court's decision to sustain defendants' demurrer on the grounds of res judicata because the rare circumstance arose where a final judgment would have a claim preclusive effect that would result in a manifest injustice since the Ninth Circuit had issued an opinion reversing a federal court judgment that had been the sole basis for a prior decision.
Posted: September 19, 2017, 8:00 am

Estate of Ware v. Hospital of the University of Pennsylvania

(United States Third Circuit) - Affirming the grant of summary judgement to a school whose former employee was exposed to radiation as part of his position because the Price-Anderson Act, which regulates the handling of certain nuclear materials by entities holding licenses to do so, set standards for the exposure of employees to radiation and the injured party in the case had been exposed to much lower than the threshold amounts.
Posted: September 18, 2017, 8:00 am

Ironshore Specialty Insurance Company v. US

(United States First Circuit) - Affirming the dismissal of a insurer's Oil Pollution Act claims against the United States arising from an oil spill cleanup but reversing the dismissal of their general admirality and maritime negligence claims against the US pursuant to the Suits in Admirality Act, while affirming the dismissal of all claims against a military contractor because the Oil Pollution Act did not supplant and preempt all claims where the a public vessel is involved and sovereign immunity prevented suit against the agent of the US.
Posted: September 15, 2017, 8:00 am

First Data Corporation v. Inselberg LLC

(United States Federal Circuit) - Affirming a district court order dismissing federal claims in a declaratory judgment action relating to a dispute involving loans and patent ownership because the claims were all state law claims and a federal infringement claim was incidental and contingent and until the ownership is restored to the assignor there can be no infringement by the assignee.
Posted: September 15, 2017, 8:00 am

Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra

(United States Ninth Circuit) - Reversing the district court's grant of summary judgment to plaintiffs challenging the California ban on foie gras and vacating the district court's permanent injunction because the ban was not expressly preempted by the Poultry Products Inspection Act because it did not impose a preempted ingredient requirement and the law did not preempt California under the doctrines of field and obstacle preemption because the law itself contemplated state involvement.
Posted: September 15, 2017, 8:00 am

Lambert v. Nutraceutical Corp

(United States Ninth Circuit) - Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called 'Cobra Sexual Energy' because the district court abused its discretion in decertifying the class on the basis of the plaintiff's inability to prove restitution damages through the full refund model because plaintiff's damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial.
Posted: September 15, 2017, 8:00 am

Sharp Image Gaming Inc v. Shingle Springs Band of Miwok Indians

(California Court of Appeal) - Reversing a decision for the plaintiff after trial in a breach of contract action relating to a deal to develop a casino on tribal lands because the contractual claims were preempted by the Indian Gaming Regulatory Act and the trial court lacked subject matter jurisdiction.
Posted: September 15, 2017, 8:00 am

Waymo LLC v. Uber Technologies, Inc.

(United States Federal Circuit) - Affirming a district court ruling denying motions to compel arbitration between the plaintiff and defendant where the plaintiff had an arbitration agreement with the intervening plaintiff because the plaintiff does not rely upon its agreements with the intervening plaintiff in asserting its claims.
Posted: September 13, 2017, 8:00 am

Roth v. Plikaytis

(California Court of Appeal) - Partly affirming and partly reversing an order awarding attorneys' fees in a breach of contract action for the defendant because the court erred by denying fees for obtaining bankruptcy stay relief relating to the breach claim and failing to provide adequate justification for significantly reducing the number of hours allowed.
Posted: September 13, 2017, 8:00 am

Allied Mineral Products, Inc. v. OSMI, Inc.

(United States Federal Circuit) - Affirming the dismissal of a declaratory judgment action relating to patents because the plaintiff failed to allege any action by the defendant company to suggest that they intend to enforce their patent in the United States, meaning that no actual controversy of sufficient immediacy and reality existed.
Posted: September 13, 2017, 8:00 am

Dent v. Wolf

(California Court of Appeal) - Reversing the dismissal of the suit of a 69-year-old woman to establish her deceased father's paternity because there continues to be a justiciable controversy when a child seeks to establish the paternity of a deceased father but does not seek financial remuneration.
Posted: September 12, 2017, 8:00 am

DRK Photo v. McGraw Hill Global Education Holdings, LLC

(United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing.
Posted: September 12, 2017, 8:00 am

Miller v. Fortune Commercial Corporation

(California Court of Appeal) - Affirming summary judgment to the defendant chain of seafood markets that denied service when the plaintiff tried to enter with a service animal that had only received limited training, was not brought for the purpose of receiving training, and neither of the people accompanying the dog were qualified to train a service dog.
Posted: September 12, 2017, 8:00 am

Friedman v. Bloomberg, L.P.

(United States Second Circuit) - Affirming the district court's dismissal of a defamation action as it related to out-of-state defendants because Connecticut's long-arm jurisdiction over out-of-state defendants excepting defamation actions does not violate the plaintiff's First or Fourteenth Amendment rights in a case where a media publisher reported on the plaintiff's lawsuit accusing their former Netherlands employer of a kickback operation involving Qaddafi and quoted the employer's statements about him, but reversing and remanding a decision that the plaintiff had failed to state a claim as it related to the employer's statements that he had repeatedly tried to extort money from them to determine whether the implication was indeed defamatory.
Posted: September 12, 2017, 8:00 am

Campidoglio LLC v. Wells Fargo and Company

(United States Ninth Circuit) - In a case alleging the miscalculation of interest on loans the court determined that the Home Owners' Loan Act (HOLA) does not preempt common law breach of contract claims, affirmed that summary judgment for the defendant loan provider was appropriate as it related to the use of unapproved indexes because the lenders gave notice to their primary regulators of the intent to change indexes and there was no objection, affirmed the denial of the borrower's motion for discovery sanctions because there was no prejudice resulting from the ruling, and vacated the denial of attorneys' fees pursuant to the HOLA ruling.
Posted: September 12, 2017, 8:00 am

Johnson v. Open Door Community Health Centers

(California Court of Appeal) - Reversing the trial court's entry of summary judgment to the defendant because the court erred in its application of the Medical Injury Compensation Reform Act's one-year statute of limitations for professional negligence because the injury, caused by a trip over medical equipment in a hospital, was subject to the statute of limitations on premises liability claims, not professional liability claims, since the accident did not relate to a medical procedure.
Posted: September 11, 2017, 8:00 am

In Re: Destiny D.

(California Court of Appeal) - Affirming the termination of dependency jurisdiction with a juvenile custody order at the conclusion of a combined jurisdiction and disposition hearing rather than setting a future review hearing because the termination of jurisdiction is among the court's statutory authority to make any reasonable order necessary to protect the dependent child.
Posted: September 11, 2017, 8:00 am

Zuber v. Boscov's

(United States Third Circuit) - Reversing and remanding the district court's decision that a Compromise and Release Agreement during the settlement of workers' compensation claims resulted in a waiver of the right to assert claims under the Family and Medical Leave Act and Pennsylvania common law because the plain meaning of the language used in the release suggested that it was not intended to cover such claims.
Posted: September 11, 2017, 8:00 am

Branch Banking and Trust Company v. DMSI LLC

(United States Ninth Circuit) - Affirming summary judgments against debtors who failed to repay loans held by a bank because arguments about breaches of good faith and fair dealing were predicated on oral promises that do not constitute a contract, the bank had standing to sue, there was no detrimental reliance to support an estoppel defense, and summary judgment did not violate the Seventh Amendment because the claim was predominantly equitable.
Posted: September 11, 2017, 8:00 am

In Re: Grand Jury Subpeonas Returnable December 16, 2015

(United States Second Circuit) - Affirming a district court order denying the motion to quash subpeonas requiring a Chinese construction company's employees to appear before a grand jury because they are not entitled to diplomatic immunity despite the fact that they are not registered with the US Department of State because they had not fulfilled the registration requirement of construction personnel pursuant to the 2009 Bilateral Agreement between the US and China incorporating a 2003 Diplomatic Note imposing the requirement.
Posted: September 8, 2017, 8:00 am

US v. Gordon

(United States First Circuit) - Affirming orders denying a motion to suppress and for evidentiary hearings in the case of a DEA task force investigation into a drug distribution ring in Maine that employed wiretapping in an attempt to find the source of the ring's oxycodone and crack cocaine supply because the evidence submitted in support of the wiretap request.
Posted: September 8, 2017, 8:00 am

California Correctional Peace Officers Association v. Department of Corrections and Rehabilitation

(California Court of Appeal) - Reversing the determination by the trial court adopting the CA Dept. of Corrections position that the Department of Personnel Administration lacked jurisdiction to grant an employee grievance because the grievance at issue was not a merit-based grievance vesting the State Personnel Board with exclusive jurisdiction and by acquiescing to the grievance procedure in the first instance Correction forfeited any claim that the wrong procedure was employed.
Posted: September 8, 2017, 8:00 am

Matias v. Sessions

(United States First Circuit) - Denying a motion arguing that violations of his due process rights to a fair hearing resulted in an adverse credibility finding by an Immigration Judge weighing the statements made by authorities in domestic battery convictions and those of the petitioner and witnesses because he spoke a different dialect than his interpreter, but the court agreed with the Board of Immigration Appeals decision finding the motion was untimely filed, alleged no exception to time limits, and raised no other exceptional circumstances warranting a sua sponte reopening of proceedings.
Posted: September 8, 2017, 8:00 am

Piccolo v. Merit Systems Protection Board

(United States Federal Circuit) - Reversing and remanding a case where both parties agreed that the Administrative Judge misread the record and that the plaintiff had sufficient jurisdiction for his individual right of action claim.
Posted: September 7, 2017, 8:00 am

Lifetime Industries, Inc. v. Trim-Lok, Inc.

(United States Federal Circuit) - Reversing the district court's final judgment granting the defendant's motion to dismiss a patent infringement complaint relating to a two-part seal used in recreational vehicle (RV) quarters with a slide-out room because allegations that the defendant installed an infringing seal they did not manufacture resulting in a seal-RV combination sufficiently alleged direct infringement to survive the motion to dismiss.
Posted: September 7, 2017, 8:00 am

Bishop v. Wells Fargo and Company

(United States Second Circuit) - Vacating and remanding the district court dismissal of a False Claims Act suit for determinations regarding the materiality of the claim pursuant to Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016).
Posted: September 7, 2017, 8:00 am

In Re: Henson and Cintron

(United States Ninth Circuit) - Granting writ of mandamus and vacating district court orders staying the case and compelling arbitration in a case that asks whether a middleman for internet-based advertisements could invoke the arbitration provision in a contract between the plaintiffs and their wireless service provider because the doctrine of equitable estoppel had been incorrectly applied.
Posted: September 5, 2017, 8:00 am

Jackson v. Fong

(United States Ninth Circuit) - Reversing and remanding the district court's grant of summary judgment to the defense based on an inmate's failure to exhaust his administrative remedies as a prisoner under the Prison Litigation Reform Act (PLRA) who had initiated his suit while a prisoner but filed the operative complaint after release because he was determined not to be subject to the PLRA exhaustion defense, having filed the operative complaint while not a prisoner.
Posted: August 31, 2017, 8:00 am

Pulte Home Corporation v. American Safety Indemnity Company

(California Court of Appeal) - Affirming the substantive rulings in the case of an insurer's appeal of a judgment finding them liable for breaching its covenants in refusing to defend a construction company in covered construction defense lawsuits that resulted in ruling finding them liable for punitive damages and attorney fees but reversing the award of attorney fees and punitive damages because the amount claimed was greater than the amount of attorney fees originally set by the lawyer.
Posted: August 30, 2017, 8:00 am

DOE v. US

(United States Second Circuit) - Reversing a district court order permitting a claim against commanding officers at West Point Military Academy in a case relating to the sexual assault of a cadet who alleged that the commanding officers fostered a sexually aggressive culture at the school that discriminated against female cadets because Bivens claims have been repeatedly found to be inappropriate for courts to use in claims from enlisted personnel against their commanding officers.
Posted: August 30, 2017, 8:00 am

Direct Capital Corporation v. Brooks

(California Court of Appeal) - Affirming that debt incurred by an attorney-spouse is considered to be among the necessaries of life in the context of their marriage, in part because the spouse's law practice generated community property income.
Posted: August 30, 2017, 8:00 am

City of Anaheim v. Cohen

(California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights.
Posted: August 30, 2017, 8:00 am

Quinault Indian Nation v. Pearson

(United States Ninth Circuit) - Affirming the dismissal by the district court of a lawsuit in which the estate of the defendant sought to preserve litigation in order to pursue counterclaims against the Quinault Indian Nation, which had sued them for a scheme intended to defraud them of taxes, the court agreed that the Nation was entitled to sovereign immunity and the claims were properly dismissed.
Posted: August 29, 2017, 8:00 am

Harris v. US

(United States Federal Circuit) - Affirming the US Court of Federal Claims dismissal of a former Navy officer convicted of sexual offenses involving minors who sought to recover back pay from the Navy for failure to state a claim and rejecting due process and jurisdiction claims relating to the dismissal of his case and the challenge of the civilian court's jurisdiction to convict him as a military service member.
Posted: August 29, 2017, 8:00 am

Aviles-Rodriguez v. Los Angeles Community College District

(California Court of Appeal) - Reversing a judgment dismissing the third amended complaint in a Fair Employment and Housing Act suit alleging discrimination in the denial of tenure to a Los Angeles Community College District professor because although there is a one-year statute of limitations period for such claims the period began when the professor was no longer employed by the school, rather than a year from the denial of tenure, in which to file his complaint.
Posted: August 29, 2017, 8:00 am

Save Laurel Way v. City of Redwood City

(California Court of Appeal) - Reversing a court decision setting aside a planned development permit (PDP) issued by the city that would not include any development on individual lots owned by a group of property owners hoping to build homes in that space because although the lower court felt the city had abused its discretion in failing to evaluate the legal status of the lots under the Subdivision Map Act the Court of Appeal felt that issues regarding the legal status of the individual lots were not ripe for review since the PDP did not address the development of the lands at issue, but only the infrastructure surrounding them.
Posted: August 29, 2017, 8:00 am

Shafer v. County of Santa Barbara

(United States Ninth Circuit) - Vacating a jury verdict and damages award and reversing the decision in the case of a policeman who performed a leg sweep on a college student that refused to drop the water balloons they were holding because the officer enjoyed a qualified immunity for his acts because the law has not clearly established that an officer cannot progressively increase their force from verbal commands to physical acts when a misdemeanant refuses to comply with the officer's orders.
Posted: August 29, 2017, 8:00 am

Gregg v. Hawaii Department of Public Safety

(United States Ninth Circuit) - Vacating and remanding a district court denial of leave to amend Eighth Amendment claims asserting cruel and unusual punishment when a former inmate uncovered psychological disorders she attributed to sexual shame therapy sessions that took place at a Hawaii correctional facility because if the plaintiff could allege that she was unaware of her injuries until sometime after she stopped participating in the therapy sessions she could establish a late enough accrual of her claims to avoid the statute of limitations bar on such claims.
Posted: August 29, 2017, 8:00 am

Return Mail Inc. v. United States Postal Service

(United States Federal Circuit) - Affirming the final written decision of the US Patent and Trademark Office and US Patent Trial and Appeal Board decisions that challenged patent claims were directed to ineligible subject matter because a method for handling undelivered mail was an abstract idea ineligible for patent after a long examination of the US Postal Service's standing in the matter.
Posted: August 28, 2017, 8:00 am

Rubenstein v. Doe No. 1

(United States Ninth Circuit) - Reversing a decision by the Court of Appeal that a claim filed in 2012 alleging sexual molestation of the plaintiff by a high school cross-country and track coach from 1993-1994 that resurfaced in 2012 as latent memories was timely and not barred under statutes of limitations because the filing of a timely claim as required in actions against public entities is a non-statute of limitations bar to suit and various tolling statutes did not cause the claim to re-accrue in the years following the alleged molestation.
Posted: August 28, 2017, 8:00 am

In Re Accent Delight International Ltd.

(United States Second Circuit) - Affirming the district court's grant of an application by the petitioners for discovery in aid of foreign litigation involving a group of British Virgin Islands companies owned by a Russian national residing in Monaco and his Hong Kong investment company in a lawsuit relating to the sale of $2 billion worth of art including Picasso and van Gogh paintings because discovery in aid of foreign litigation may be sought by any interested person for use in a foreign or international tribunal.
Posted: August 28, 2017, 8:00 am

Rezende v. Ocwen Loan Servicing, LLC

(United States First Circuit) - Affirming a district court judgment on the pleadings for the defense because a mortgagor lacks standing to bring a quiet title action as long as the mortgage remains in effect, the court correctly found some claims time-barred, while other claims lacked support for conclusory assertions, among other procedural defects.
Posted: August 25, 2017, 8:00 am

In Re Marriage of Noemi Mendoza and Elias Cuellar

(California Court of Appeal) - Affirming the denial of retroactive permanent spousal support because the petitioner failed to request temporary spousal support at the time of the filing of the petition for dissolution.
Posted: August 25, 2017, 8:00 am

McKenna v. Curtin

(United States First Circuit) - Affirming a district court dismissal of claims by an attorney suspended from the practice of law for a year in a suit against a host of judicial officers and administrators who participated in his disciplinary proceedings seeking the reinstatement of his license and money damages on the basis of alleged First, Seventh, and Fourteenth Amendment violations, but the Rooker-Feldman doctrine applies where a state court loser files in federal court and bars such actions.
Posted: August 25, 2017, 8:00 am

Hampton v. Pacific Investment Management Company, LLC

(United States Ninth Circuit) - Affirming a district court holding dismissing securities related claims for breach of contract and fiduciary duties under Massachusetts state law because the Securities Litigation Uniform Standards Act bars private class actions based on state laws in cases where the plaintiff alleges a material falsehood or omission connected with the purchase or sale of federally regulated securities, but vacating the decision's prejudice because the judge lacked jurisdiction to reach the merits of the claims.
Posted: August 24, 2017, 8:00 am

Disney Enterprises, Inc. v. Vidangel, Inc.

(United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities.
Posted: August 24, 2017, 8:00 am

Ed v. Ashley

(California Court of Appeal) - Affirming an order denying visitation to great-grandparents because they lacked legal standing to seek visitation despite their argument that they had standing as the psychological or de facto parent because although the statutes provide for visitation rights for grandparents if certain conditions are met the same rights are not provided for great-grandparents.
Posted: August 24, 2017, 8:00 am

Rubenstein v. The Gap, Inc.

(California Court of Appeal) - Affirming the trial court's decision to sustain the demurrer of The Gap in a case that alleged state Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act violations when the store sold lower quality goods at their 'Factory Stores' that were never sold in their main stores because the plaintiff failed to allege a misrepresentation or actionable omission by the store.
Posted: August 24, 2017, 8:00 am