FindLaw Opinion Summaries - Civil Procedure

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

Saada v. Golan

(United States Second Circuit) - Affirmed in part, vacated in part, remanded. The District Court erred in granting a petition to have a child returned to his habitual home of Italy under the Hague Convention. Although it was affirmed that Italy was the child's habitual residence if repatriating him would expose the child to a grave risk of harm the district court isn't necessarily bound to return him.
Posted: July 19, 2019, 8:00 am

Disability Rights Montana, Inc. v. Batista

(United States Ninth Circuit) - Reversed and reassigned to different district court judge. District court’s dismissal for failure to state a claim on which relief can be granted improper, where complaint that prisoners with mental health problems were denied diagnosis and treatment had sufficient facts to make a claim under the 8th Amendment. Reassignment required to preserve the appearance of justice due to district judge’s failure to revisit the decision after mistaking this complaint with another filed by the same Plaintiff.
Posted: July 19, 2019, 8:00 am

Donelson v. Wexford Health Sources, Inc.

(United States Seventh Circuit) - District court’s dismissal affirmed, where district court found Plaintiff obstructed discovery in bad faith and dismissed lawsuit as sanction. Plaintiff’s refusal to answer questions at deposition by pretending confusion, unmerited accusations that procured counsel was dishonest, and false accusation that defendant withheld documents merited dismissal as sanction.
Posted: July 19, 2019, 8:00 am

Purcell v. N.Y. Inst. of Tech

(United States Second Circuit) - Partially affirmed, partially vacated and remanded. Affirming the dismissal of Americans with Disabilities Act claims arising from events in 2010-2011 that were untimely, but vacating the dismissal of 2013-2014 claims and Title IX claims.
Posted: July 18, 2019, 8:00 am

Williams v. Fremont Corners, Inc.

(California Court of Appeal) - Affirmed. Plaintiff sued for negligence and premises liability for an assault that injured him in the Defendant's parking lot. The trial court found that Plaintiff had not met his burden of showing foreseeability of violent criminal assaults. Therefore, Defendant did not have a legal duty to implement additional security measures to prevent possible third-party conduct.
Posted: July 18, 2019, 8:00 am

Griggs v. Chickasaw County, Mississippi

(United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats.
Posted: July 18, 2019, 8:00 am

Southern Hens, Inc. v. Occupational Safety and Health Review Commission

(United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld.
Posted: July 18, 2019, 8:00 am

Inclusive Communities Project v. Lincoln Property

(United States Fifth Circuit) - Denied. A Petition for Rehearing En Banc was treated as a Petition for Panel Rehearing and denied over the dissent of several judges that the Fair Housing Act allows for disparate impact claims.
Posted: July 17, 2019, 8:00 am

Ortiz v. Dameron Hospital Assn.

(California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims.
Posted: July 17, 2019, 8:00 am

Brown v. JPMorgan Chase Bank

(United States DC Circuit) - Dismissed. The court ordered dismissal for lack of jurisdiction because there was no demonstration that either the collateral order doctrine or the interlocutory appeal statute applied.
Posted: July 17, 2019, 8:00 am

Apache Deepwater L.L.C. v. W & T Offshore, Inc.

(United States Fifth Circuit) - Affirmed. The jury award of more than $43 mil. for the breach of a Joint Operating Agreement relating to the plugging and abandonment operation of offshore oil and gas wells in the Gulf of Mexico was affirmed because the application of Louisiana Civil Code and interpretation of the contract was appropriate. No bad faith offset entitlement was found.
Posted: July 16, 2019, 8:00 am

In re Harley C.

(California Court of Appeal) - Reversed juvenile court order that refused to allow mother to testify or call witnesses because her counsel had not filed a joint trial statement as required by a local rule. Appeals court ruled local rule was invalid.
Posted: July 16, 2019, 8:00 am

Bradley v. Village of University Park, IL

(United States Seventh Circuit) - Reversed district court’s dismissal of 14th Amendment due process claim. The termination of Plaintiff, a police chief, without due process in violation of state law gives rise to a 14th Amendment claim in federal court. Plaintiff does not need to show the deprivation of due process is a “random, unauthorized act by a state employee” under Paratt v. Tayler 451 U.S. 527 (1981) to bring a federal claim.
Posted: July 16, 2019, 8:00 am

American Federation of Government v. Trump

(United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction.
Posted: July 16, 2019, 8:00 am

Quigley v. Garden Valley Fire Protection Dist.

(Supreme Court of California) - Reversed and remanded. The Government Claims Act immunity for public entities is an affirmative defense that can be waived or forfeited if not timely raised.
Posted: July 15, 2019, 8:00 am

Carello v. Aurora Policeman Credit Union

(United States Seventh Circuit) - District court’s dismissal for lack of standing in Americans with Disabilities Act claim affirmed, where Plaintiff, who is blind, is legally barred from being a member of Defendant credit union. While being an ADA compliance “tester” does not prohibit standing, it does not automatically confer it, either.
Posted: July 15, 2019, 8:00 am

Alarm Detection Systems, Inc. v. Village of Schaumburg

(United States Seventh Circuit) - Affirmed, reversed, and remanded in part. Largely affirming the dismissal of claims alleging a conspiracy between a city and alarm companies, but reversing the dismissal of a contracts clause claim against the city.
Posted: July 15, 2019, 8:00 am

American Homeland Title Agency, Inc. v. Robertson

(United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement.
Posted: July 15, 2019, 8:00 am

Collins v. University of Notre Dame du Lac

(United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing.
Posted: July 12, 2019, 8:00 am

Baker-Smith v. Skolnick

(California Court of Appeal) - Reversed and remanded for new trial. Plaintiff was injured when she swerved and crashed to avoid a flying mattress. The jury found for the Defendant. The appeals court found that that the jury was given incorrect jury instructions on negligence per se and reversed the judgment.
Posted: July 10, 2019, 8:00 am

Hernandez v. First Student, Inc.

(California Court of Appeal) - Affirmed. Plaintiffs brought a wrongful death action on behalf of their 13-year-old son who was struck and killed by a school bus. The jury found that Plaintiff’s son was 80 percent responsible for the accident and awarded $250,000 in damages. The trial court denied a motion for a new trial. The appeals court held that Plaintiffs had not made a cognizable argument as to why the trial court abused its discretion in denying the motion and found no merit in Plaintiff’s claims. Affirmed judgment.
Posted: July 10, 2019, 8:00 am

MidCap Media Finance L.L.C. v. Pathway Data Inc.

(United States Fifth Circuit) - Remand. Appeals court was unable to reach the merits of the case because the parties had failed to establish diversity of citizenship.
Posted: July 9, 2019, 8:00 am

Gale v. Chicago Title Insurance Company

(United States Second Circuit) - Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the Class Action Fairness Act, but Plaintiff removed all class-action allegations in a subsequent complaint. The district court held that without the class-act allegations, it no longer had jurisdiction and dismissed the complaint.
Posted: July 9, 2019, 8:00 am

People v. Suh

(California Court of Appeal) - Affirmed. Allstate Insurance Company brought this action on behalf of the People of the State under Insurance Code section 1871.7. Allstate alleges Defendant guilty of submitting false or fraudulent claims to an insurance company. A jury found in favor of Allstate and imposed over $6 million in civil penalties.
Posted: July 9, 2019, 8:00 am

Hernandez v. Enterprise Rent-A-Car Co.

(California Court of Appeal) - Affirmed. Plaintiff filed suit against Defendant for injuries sustained in an automobile accident. Plaintiff contended that Defendant was strictly liable for an alleged automobile defect that caused injury. The trial court granted summary judgment to Defendant stating that Plaintiff had failed to establish Defendant acquired successor liability for the alleged defect.
Posted: July 8, 2019, 8:00 am

Townley v. BJ's Restaurants, Inc.

(California Court of Appeal) - Affirmed. The trial court granted summary judgment in favor of Defendant on Labor Code violations. Plaintiff alleges that Defendant was required to reimburse employees for the cost of slip-resistant shoes. Appeals court found that Labor Code sec. 2801 does not impose such a requirement.
Posted: July 8, 2019, 8:00 am

City of Hearne v. Johnson

(United States Fifth Circuit) - Vacate and dismiss. Appeal from the denial of a qualified immunity for the city attorney in a Section 1983 suit. Appeals court found Plaintiff has no standing to pursue the claim in federal court.
Posted: July 8, 2019, 8:00 am

Lindie Banks v. Northern Trust Corp.

(United States Ninth Circuit) - Reversed. The district court dismissed Plaintiff's complaint as barred by the Securities Litigation Uniform Standards Act of 1998, which deprives a federal court of jurisdiction to hear certain state-law class actions. The appeals court held that the Act did not preclude Plaintiff's investment claims, fee-related claims, and elder abuse claims.
Posted: July 5, 2019, 8:00 am

Newstart Real Estate Investment LLC v. Huang

(California Court of Appeal) - Affirmed. Plaintiff appealed from orders denying its attempts to collect on a judgement against Defendant and the imposition of sanctions. The trial court concluded that there was no enforceable judgment, because a motion for a new trial for punitive damages had been granted.
Posted: July 3, 2019, 8:00 am

Sierra Club v. Trump

(United States Ninth Circuit) - Stay of the district court order granting Plaintiffs injunction is not warranted. Plaintiffs sued Defendants to enjoining them from reprogramming funds from the Department of Defense toward building a barrier along our country’s southern border. The appeals court concluded that Plaintiffs have a strong likelihood that they will prevail in this litigation.
Posted: July 3, 2019, 8:00 am

Edge v. City of Everett

(United States Ninth Circuit) - Vacated and remanded preliminary injunction against enforcement of Defendant’s dress code ordinance. Plaintiffs are the owner of a bikini barista stand. The appeals court held that Plaintiffs did not show likelihood of success of Fourteenth Amendment, vagueness doctrine, and First Amendment, free speech, violations and concluded that the vagueness doctrine did not warrant an injunction prohibiting the enforcement of the dress code ordinance, nor did the wearing of almost no clothing demonstrate an intended message of empowerment likely to be understood.
Posted: July 3, 2019, 8:00 am

Myers v. Commissioner of Internal Revenue Service

(United States DC Circuit) - Reversed and remanded. The Tax Court improperly dismissed a case involving a man's application to the IRS for a whistleblower award because although his application was untimely the filing period was not jurisdictional and is subject to equitable tolling.
Posted: July 2, 2019, 8:00 am

Wayne J. Griffin Electric, Inc. v. Secretary of Labor

(United States DC Circuit) - Denied. A petition for review of a citation for violating workplace safety standards designed to prevent electric shock was denied because the decision was supported by substantial evidence.
Posted: July 2, 2019, 8:00 am

J.B.B. Investment Partners v. Fair

(California Court of Appeal) - Affirmed. Sanctions ordered for bringing frivolous appeal. Plaintiff filed suit alleging breach of settlement agreement and the trial court granted their motion for summary judgment. Defendant appealed arguing that there was a triable issue of fact. Appeals court concluded that the summary judgment was properly granted and that Defendant’s arguments on appeal were not supported by the record.
Posted: July 2, 2019, 8:00 am

Abdullayeva v. Attending Home Care Services, LLC

(United States Second Circuit) - Reversed. Defendant appealed from order denying motion to compel arbitration arguing that the arbitration clause in collective bargaining agreement mandated arbitration instead of permitted as the district court found. Appeals court agreed and reversed district court decision.
Posted: July 2, 2019, 8:00 am

Iyoha v. Architect of the Capitol

(United States DC Circuit) - Partially affirmed, partially reversed. The district court properly granted summary judgment for the Architect in a suit alleging retaliation, but improperly dismissed discrimination claims because a reasonable jury could agree that the employee was transferred due to his national origin.
Posted: July 2, 2019, 8:00 am

Nautilus Insurance Company v. Access Medical, LLC

(United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights.
Posted: July 2, 2019, 8:00 am

Jeffries v. Volume Services America, Inc.

(United States DC Circuit) - Reversed and Remanded. The district court improperly dismissed a lawsuit in which a woman's credit card number and expiration date were printed on a receipt for lack of standing. The risk of identity theft was sufficient injury to support standing.
Posted: July 2, 2019, 8:00 am

Clark v. River Metals Recycling, LLC

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to defendants in a workplace injury case where the worker sued the manufacturer of a car crusher and the company it leased it to rather than his employer claiming defective design because his evidence did not comply with Federal Rule of Evidence 702.
Posted: July 2, 2019, 8:00 am

CTIA - The Wireless Association v. City of Berkeley

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.
Posted: July 2, 2019, 8:00 am

Dennis Bargher v. Craig White, et al

(United States Fifth Circuit) - Vacate and remand. Plaintiff, a prisoner, brought suit against prison official alleging that they arranged another inmate to attack him and stood by while he was severely injured. District court granted summary judgment with prejudice to Defendant for failure to exhaust administrative remedies. Appeals court found that Plaintiff had failed to exhaust administrative remedies, but the proper disposition was dismissal without prejudice.
Posted: July 1, 2019, 8:00 am

Kiebala v. Boris

(United States Seventh Circuit) - Affirmed. The district court did not err in permitting a self represented defendant to amend his complaint to avoid dismissal or in holding that a libel complaint is barred by the statute of limitations in a lawsuit relating to a luxury auto timeshare scheme.
Posted: July 1, 2019, 8:00 am

Rodriguez v. Nike Retail Services, Inc.

(United States Ninth Circuit) - Reversed. The district court's grant of summary judgment to Nike was incorrect because the federal de minimus doctrine does not apply to wage and hour claims brought under the California Labor Code.
Posted: June 28, 2019, 8:00 am

Auto Driveaway Franchise Systems, LLC v. Corbett

(United States Seventh Circuit) - Affirmed. A franchise's preliminary injunction against a franchisee operating a competing company was upheld in a lawsuit over the franchisee's alleged violation of franchise agreements. The district court should have included more detail regarding the likelihood of success on the merits by the movant, but there was enough to establish that the order wasn't an abuse of discretion.
Posted: June 28, 2019, 8:00 am

Electronic Privacy Information Center v. US Dept. of Commerce and Bureau of the Census

(United States DC Circuit) - Remanded for dismissal. The Electronic Privacy Information Center sued following a US Department of Commerce announcement that citizenship would be among the questions included in the 2020 census. EPIC sought to enjoin the question because they claim their members were entitled to a Privacy Impact Assessment. However, EPIC lacked standing to proceed with the suit.
Posted: June 28, 2019, 8:00 am

ValueRock TN Prop. v. PK II Larwin Square

(California Court of Appeal) - Affirmed order denying anti-SLAPP motion. Plaintiffs sought to assign leasehold interest in shopping center. Defendant refused to consent to assignment. Plaintiff brought suit alleging Defendant improperly withheld assignment. Defendant brought an anti-SLAPP motion which the trial court denied because the assignment request was not a settlement communication or litigation-related conduct.
Posted: June 28, 2019, 8:00 am

Whitehurst v. United Healthcare Workers East

(United States Second Circuit) - Affirmed. Plaintiff, a union worker, filed suit against Defendant alleging disability based discrimination. Defendants removed case to federal district court. District court denied Plaintiff’s remand motion and then dismissed claims as untimely. Appeals court held that all of Plaintiff’s claims were preempted by the Labor Management Relations Act and therefore the denial of remand and dismissal of complaint was proper.
Posted: June 28, 2019, 8:00 am

Blair v. Rent-A-Center, Inc.

(United States Ninth Circuit) - Affirmed. The district court's refusal to compel arbitration was upheld, as was their refusal of several motions by Rent-A-Center attempting to avoid class action against them because a contract to waive the right to seek public injunctive relief violates California law.
Posted: June 28, 2019, 8:00 am

Sweetwater Union HS Dist. v. Julian Union Elementary School

(California Court of Appeal) - Affirmed. Defendant appealed an award of attorney fees to Plaintiff under Code of Civil Procedure section 1021.5 arguing that Plaintiff did not qualify as the successful party. Appellate court held that the trial court did not abuse its discretion in awarding attorney fees.
Posted: June 28, 2019, 8:00 am

Nelson v. Great Lakes Educational Loan Services, Inc.

(United States Seventh Circuit) - Vacating a dismissal and remanding. A student loan borrower's complaints about a loan provider's statements that they needn't seek advice about their borrowing was not expressly preempted because she alleged affirmative misrepresentations, not failures to disclose.
Posted: June 27, 2019, 8:00 am