FindLaw Opinion Summaries - Civil Procedure

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

In Re Ice Cold LLC

(United States First Circuit) - Affirming the declaration of a company as the winning bidder in the sale of another company in bankruptcy that occurred with the bankruptcy court's approval because they were a good faith purchaser entitled to have their purchase protected.
Posted: January 12, 2018, 8:00 am

City of Long Beach v. City of Los Angeles

(California Court of Appeal) - Affirming in part and reversing in part judgments relating to a peremptory writ of mandate, affirming the grant of consolidated petitions to set aside certification of the final environmental impact report for a proposed railyard and to put project activities on hold until action is taken to comply with the California Environmental Quality Act, and reversing judgments relating to emissions, noise, transport, and other impacts.
Posted: January 12, 2018, 8:00 am

Duggan v. Commissioner of Internal Revenue

(United States Ninth Circuit) - Affirming the Tax Court's dismissal of a petition for review of two Internal Revenue Service Notices of Determination for lack of jurisdiction because the petitioner mistakenly counted the first day after receipt of the IRS notices as day 'zero' for the purpose of calculating the thirty days for filing a petition for review and the failure to meet the deadline divested the Tax Court of the power to hear the case or consider the argument for equitable tolling.
Posted: January 12, 2018, 8:00 am

Hamilton v. Partners Heathcare System, Inc.

(United States First Circuit) - Affirming the decision denying a motion for leave to amend a complaint in a suit alleging violations of the Fair Labor Standards Act, the Employee Retirement Income Security Act, and the Racketeer Influenced and Corrupt Organizations Act in one of twenty nine cases filed by plaintiff's counsel across the country because the decision was fair under the specific facts of the case.
Posted: January 12, 2018, 8:00 am

Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association

(California Court of Appeal) - Affirming the striking of eight causes of action in tort on an anti-SLAPP motion but reversing the denial of a motion to strike the remaining cause of action regarding violations of the Open Meeting Act because the plaintiff lacked standing to seek remedies under this law.
Posted: January 12, 2018, 8:00 am

Hardaway v. Hartford Public Works Department

(United States Second Circuit) - Reversing a district court dismissal of a pro se litigant's complaint because they erred in holding that administrative exhaustion must be pleaded in the complaint in a case involving a man alleging discrimination and retaliation following his filing of complaints against the City of Hartford with the Department of Occupational Safety and Health Administration because administrative exhaustion is an affirmative defense.
Posted: January 12, 2018, 8:00 am

Arkansas Teachers Retirement System v. Goldman Sachs Group, Inc.

(United States Second Circuit) - Vacating a district court order granting class certification in the case of a group of Goldman Sachs clients alleging that the company made material misstatements regarding their conflicts of interest that caused the value of their shares to decline because the plaintiff invoked the rebut-able presumption of reliance on the statements, but recent precedent established that the rebuttal of this presumption must do so by the preponderance of the evidence.
Posted: January 12, 2018, 8:00 am

Advanced Video Technologies, LLC v. HTC Corporation

(United States Federal Circuit) - Affirming the dismissal of complaints for lack of standing because the co-owner of the patent at issue was not a party to the actions and the co-owner's ownership interests in the patent had not been transferred to the plaintiff in a case that carefully examined the terms of the co-owner's employment agreement.
Posted: January 11, 2018, 8:00 am

In Re Philadelphia Entertainment and Development Partners, LP

(United States Third Circuit) - Reversing a Bankruptcy Court order holding that the Rooker-Feldman doctrine barred its review of fraudulent transfer claims in a case involving the revocation of a gaming license and ultimate bankruptcy of a Pennsylvania Company because the claim did not involve the federal court's review and rejection of a state-court decision because the review did not concern the bona fides of the prior judgment.
Posted: January 11, 2018, 8:00 am

Medical Acquisition Company, Inc. v. The Superior Court of San Diego County

(California Court of Appeal) - Affirming the court's exercise of discretion in allowing a medical facilities owner to withdraw a portion of funds deposited as part of an action to determine their compensation in an eminent domain case because the court could release some funds and require an undertaking to secure the release of the remaining funds where outstanding issues could reduce the total amount.
Posted: January 11, 2018, 8:00 am

CSX Transportation, Inc. v. Island Rail Terminal, Inc.

(United States Second Circuit) - Partly affirming and partly vacating and remanding the judgment and post-judgment orders of the district court directing third-party garnishees to satisfy a creditor's judgment against a judgment debtor as damages for the garnishees' violation of certain restraining notices because the relief granted could be provided by motion rather than through special proceeding, but the district court abused its discretion by failing to hold a hearing to resolve factual disputes relating to the priorities of creditors.
Posted: January 10, 2018, 8:00 am

Central Valley Hospitalists v. Dignity Health

(California Court of Appeal) - Affirming the trial court's denial of an anti-SLAPP motion filed by the defendant hospital in a suit brought by a group of doctors alleging causes of action for unfair business practices and interference in a decision that complained of the misuse and abuse of anti-SLAPP procedures.
Posted: January 9, 2018, 8:00 am

Latner v. Mount Sinai Health System, Inc.

(United States Second Circuit) - Affirming the district court's judgment for the defendant medical group in a putative class action case involving autodialed text message marketing communications they made because the texts did not violate the Telephone Consumer Protection Act because the plaintiff had previously consented to receive them.
Posted: January 9, 2018, 8:00 am

City of Modesto v. The Dow Chemical Company

(California Court of Appeal) - Vacating the trail court's pretrial ruling, holding that the Polanco Act requires no special causation standard, in a case involving a city's attempt to have dry cleaning companies pay for their contamination of groundwater and the law that enables them to identify and penalize responsible parties.
Posted: January 8, 2018, 8:00 am

California Public Utilities Commission v. California Department of Water Resources State Water Project

(United States Ninth Circuit) - Granting the petition for review of the California Public Utilities Commission and holding that the Federal Energy Regulatory Commission (FERC) had arbitrarily and capriciously determined that PG&E was eligible for an incentive adder for remaining a member of the California Independent System Operator Corporation when state law prevented their departure without authorization and that FERC's summary grants of adders was the result of an unreasonable interpretation.
Posted: January 8, 2018, 8:00 am

Burkhalter Kessler Clement and George, LLP v. Hamilton

(California Court of Appeal) - Reversing the grant of attorney fees to the plaintiff but denial of attorneys fees to an individual defendant in a case where both parties prevailed on a contract and directing the trial court to award attorney fees to the individual defendant since it is possible for more than one prevailing party to obtain entitlement to attorney fees under the Civil Code.
Posted: January 8, 2018, 8:00 am

Clews Land and Livestock, LLC v. City of San Diego

(California Court of Appeal) - Affirming a judgment in favor of the defendant San Diego in a petition and complaint challenging the city's approval of a project to build a private secondary school on the land neighboring the plaintiff's horse ranch because the plaintiff failed to exhaust its administrative remedies.
Posted: January 8, 2018, 8:00 am

Rasmussen v. Lazarus

(California Court of Appeal) - Affirming the denial of a motion to dismiss a wrongful death suit based on a cold case murder because any prematurity defense was waived when it was not timely raised, was cured by the time the issue was raised in the motion to dismiss, and equity supported disregarding the prematurity plea in abatement altogether.
Posted: January 8, 2018, 8:00 am

Sanchez v. Elizondo

(United States Ninth Circuit) - Reversing the district court order vacating an arbitration award and remanding for new arbitration and further proceedings a case involving the alleged mismanagement of an investment portfolio because there is jurisdiction under the Federal Arbitration Act to review vacatur orders and remand for new arbitration and that the district court erred because the arbitrator's award was not completely irrational and did not exceed their authority.
Posted: January 5, 2018, 8:00 am

McBride v. Smith

(California Court of Appeal) - Reversing a decision sustaining demurrers by the owners of a property that included a recorded easement benefiting the plaintiff because the plaintiff had stated causes of action for nuisance and prescriptive easement and the court committed reversible error by sustaining demurrers as to those claims.
Posted: January 4, 2018, 8:00 am

DiFiore v. CSL Behring, LLC.

(United States Third Circuit) - Affirming that a jury instruction relating to False Claims Act claims of retaliation requiring that protected activity be the 'but for' cause of adverse actions against the plaintiff whistleblower in a case involving a former Director of Marketing who said that her concerns about off-label drug use marketing strategies led to her constructive dismissal..
Posted: January 3, 2018, 8:00 am

Arave v. Merrill Lynch, Pierce, Fenner and Smith

(California Court of Appeal) - Affirming the trial court's dismissal of claims advanced by a former employee of discrimination, harassment, retaliation, nonpayment of wages, and whistleblower retaliation for their membership in the Church of Jesus Christ of Latter Day Saints where the jury returned a verdict for the defendants on all counts that survived summary judgment, denied posttrial motions, and awarded attorney and witness fees as to the wage claims, but reversing the award of costs and expert witness fees because the Fair Employment and Housing claims were held to be nonfrivolous and erred in awarding attorney fees for the wage claim without making a finding regarding frivolousness.
Posted: January 2, 2018, 8:00 am

Panico v. Portfolio Recovery Associates, LLC

(United States Third Circuit) - Reversing a district court grant of summary judgment in the putative class action case of a plaintiff residing outside of Delaware that signed a contract with a choice-of-law provision requiring the application of Delaware law asserting that the defendant company violated the Fair Debt Collection Practices Act and the New Jersey Consumer Fraud Act by suing to collect debts after the Delaware statute of limitations had run because, although Delaware's tolling statute prevents the running of the statute of limitations to a party residing outside of Delaware because the plaintiff remained subject to service of process and the absurd result of the court's interpretation would be liability in perpetuity.
Posted: January 2, 2018, 8:00 am

Bryant v. Merit Systems Protection Board

(United States Federal Circuit) - Affirming the decision by the Merit Systems Protection Board dismissing the appeals of former air interdiction agents employed by the Office of Air and Marine US Customs and Border Protection, an agency within the Department of Homeland Security, because the plaintiffs' filing of multiple Uniformed Services Employment and Reemployment Rights Act claims were barred by collateral estoppel.
Posted: December 29, 2017, 8:00 am

Kim v. Reins International California, Inc.

(California Court of Appeal) - Affirming the trial court grant of a defendant motion to dismiss a Labor Code Private Attorneys General Act (PAGA) claim advanced as part of a wage and hour violation suit by a former employee after they accepted an offer to settle their individual claims against the company because the dismissal of individual claims with prejudice foreclosed his standing under PAGA.
Posted: December 29, 2017, 8:00 am

Dunlap v. Liberty Natural Products, Inc.

(California Court of Appeal) - Affirming the district court decision denying the defense's renewed motion for judgment as a matter of law on a claim of discrimination under the Americans with Disabilities Act and affirming a plaintiff motion for attorney fees in the case of a shipping clerk with a hurt elbow.
Posted: December 28, 2017, 8:00 am

In Re A.L.

(California Court of Appeal) - Reversing the decision in a juvenile dependency proceeding because a mother who had a schizophrenia diagnosis and required periodic treatment was not established as having an inability to provide regular care and it was not established that the father had failed to protect the children from their mother's mental illness.
Posted: December 28, 2017, 8:00 am

Foss Maritime Company v. Corvus Energy Limited

(United States Ninth Circuit) - Affirming the district court's grant of summary judgment in favor of the defendant in the case of a third-party contribution and indemnification action arising from a tugboat fire because the parties had settled prior to a fact-finder's determination of fault and the plaintiff explicitly released the defendant from claims as part of the settlement.
Posted: December 27, 2017, 8:00 am

Nalder v. United Automobile Insurance Company

(United States Ninth Circuit) - Certifying the following question of law to the Nevada Supreme Court: Under Nevada law, if a plaintiff has filed suit against an insurer seeking damages based upon a separate judgment against its insured, does the insurer's liability expire when the statute of limitations on the judgment runs, notwithstanding that the suit was filed within the six-year life of the judgment?
Posted: December 27, 2017, 8:00 am

Corral v. Select Portfolio Servicing, Inc.

(United States Ninth Circuit) - Reversing the district court's denial of a motion to remand, vacating the order granting the defendant's motion to dismiss and remanding to state court because the district court was without subject matter jurisdiction where the removing party did not satisfy its burden of establishing that the amount in controversy exceeded $75,000 for the purpose of diversity jurisdiction in a case involving a loan modification application and foreclosure proceedings.
Posted: December 27, 2017, 8:00 am

Breazeale v. Victim Services, Inc.

(United States Ninth Circuit) - Affirming the denial of arbitration to a plaintiff who got a notice relating to a bad check diversion program that elected to participate because, although the notice contained an arbitration clause, it was not a contract subject to the Federal Arbitration Act, and holding that the court lacked jurisdiction to review the district court's denial of the defendant's anti-SLAPP motion because such motions are not immediately appealable.
Posted: December 27, 2017, 8:00 am

Turley v. Familian Corporation

(California Court of Appeal) - Reversing the trial court's order of summary judgment to a defendant corporation in an asbestos suit where testimony that couldn't conclusively establish that the specific plaintiffs were exposed to the company's specific products was not given enough weight, since it did establish the use of their products at the plaintiff's worksite and disregarding his testimony was error.
Posted: December 22, 2017, 8:00 am

Gitau v. Sessions

(United States First Circuit) - Denying the petition of a woman for review of a decision from the Board of Immigration Appeals dismissing her appeal from an Immigration Judge decision ordering her removal to Kenya, deferring to court rulings on credibility and its determination that removal would not result in extreme hardship.
Posted: December 22, 2017, 8:00 am

Singh v. United States Citizenship and Immigration Services

(United States First Circuit) - Affirming the dismissal of a complaint challenging the denial by the immigration services of an application for adjustment of status because the complaint amounted to an indirect challenge to an outstanding removal order that precluded subject-matter jurisdiction.
Posted: December 22, 2017, 8:00 am

Garcia Garcia v. Costco Wholesale Corporation

(United States First Circuit) - Affirming the entry of summary judgment to Costco in the case of a longtime employee who was terminated following the investigation into missing meat inventory for which he was deemed responsible, though he was never directly accused of wrongdoing because much of the evidence proffered amounted to hearsay and gossip.
Posted: December 22, 2017, 8:00 am

In Re Flonase Antitrust Litigation

(United States Third Circuit) - Affirming a district court decision dismissing an action seeking to enforce a court-approved settlement agreement and enjoining Louisiana from bringing released claims against a drug company because a motion for approval of a class action settlement is covered by the Eleventh Amendment, the drug company is barred from enforcement because Louisiana did not waive its sovereign immunity, and the court did not abuse its discretion in denying relief from a final judgment.
Posted: December 22, 2017, 8:00 am

O'Hara v. Nika Technologies, Inc.

(United States Fourth Circuit) - Affirming the district court's summary judgment to the defendant company accused by a former employee of firing him for disclosing another company's alleged fraud on the government because the False Claims Act and American Recovery and Reinvestment Act only protect against disclosures targeting the whistleblower's employer and the plaintiff failed to establish that the company wouldn't have fired him absent the disclosures.
Posted: December 22, 2017, 8:00 am

Kanno v. Marwit Capital Partners II, L.P.

(California Court of Appeal) - Affirming the judgment that the plaintiff had standing to sue in the case of a breach of contract claim with an oral modification that the defense said breached the parol evidence rule, but finding that the three written agreements at issue were, at most, partial integrations, the oral agreement was enforceable if the terms did not directly contradict the writings and was also not rendered unenforceable by the parol evidence rule.
Posted: December 22, 2017, 8:00 am

SP Investment Fund I LLC v. Cattell

(California Court of Appeal) - Reversing the judgment and an order awarding attorney fees in the case of a judgment of dismissal made on the trial court's own motion in a breach of contract and conversion action because the complaint had alleged all the required elements of the breach of contract and conversion claims and no grounds appeared on the face of the complaint to defeat those claims.
Posted: December 21, 2017, 8:00 am

Nanni v. Aberdeen Marketplace, Inc.

(United States Fourth Circuit) - Vacating a decision dismissing the case of a disabled man suing a shopping center for its lack of accommodations under the Americans with Disabilities Act because he had sufficiently alleged standing to sue and the court had subject matter jurisdiction, contrary to the lower court's opinion.
Posted: December 21, 2017, 8:00 am

CVS Health Corporation v. Vividus, LLC

(United States Ninth Circuit) - Affirming the denial of a petition to enforce a subpoena issued pre-hearing by an arbitration panel against a company that was not a party to the arbitration because the Federal Arbitration Act does not grant arbitrators the power to compel the production of documents from third parties outside the hearing.
Posted: December 21, 2017, 8:00 am

P. v. The North River Insurance Company

(California Court of Appeal) - Affirming the denial of a bail surety's motion to vacate the forfeiture of a bail bond in a case where a defendant charged with drug trafficking offenses fled the country and was barred from reentry on account of the pending charges because the trial court may not grant a motion to vacate the forfeiture on a ground not asserted and on evidence not presented until after the appearance period has expired.
Posted: December 20, 2017, 8:00 am

In Re United States

(United States Supreme Court) - Granting a petition for writ of certiorari, vacating the order of the Court of Appeals, and remanding a case involving the documentation provided relating to the government's attempts to rescind the program known as Deferred Action for Childhood Arrivals (DACA) because a District Court order demanding the production of all related materials was at least partly overbroad.
Posted: December 20, 2017, 8:00 am

Boyd v. Freeman

(California Court of Appeal) - Reversing and remanding a claim of wrongful foreclosure in a case arising out of a contentious set of circumstances in which an attorney initiated foreclosure proceedings against a former client who filed a prior action alleging legal malpractice and other wrongdoing, characterizing the loan securing the property as usurious because prior demurrers did not bar the action and did not contravene the rule against splitting a cause of action.
Posted: December 20, 2017, 8:00 am

P. v. Hebb

(California Court of Appeal) - Reversing the dismissal of a qui tam action in which a former employee claimed that his supervisor had made false statements in an incident report relating to a workers' compensation claim, alleging a violation of the Insurance Frauds Prevention Act because although the court correctly held that his claim was not barred by the workers' compensation exclusivity rule, they erroneously found that the suit was barred by the litigation privilege, which does not extend to such a claim.
Posted: December 19, 2017, 8:00 am

Benjamin v. B&H Education, Inc.

(United States Ninth Circuit) - Affirming the district court's summary judgment for the defense in a lawsuit involving students of cosmetology and hair design suing under the Fair Labor Standards Act because they were not employees under the economic realities test or the primary beneficiary analysis.
Posted: December 19, 2017, 8:00 am

Rossetta v. CitiMortgage, Inc.

(California Court of Appeal) - Affirming the trial court's decision to sustain a demurrer on intentional misrepresentation and promissory estoppel, but averring that the court should have granted leave to amend the complaint, affirming the demurrer as to negligent misrepresentation, breach of contract, intentional infliction of emotional distress, and conversion without leave to amend, and reversing the trial court's demurrer to the causes of action for negligence and unfair competition in a case involving a dispute about loan modification negotiations.
Posted: December 18, 2017, 8:00 am

Kurwa v. Kislinger

(Supreme Court of California) - Affirming a court of appeals judgment in a case where the parties agreed to dismiss many claims, a choice the plaintiff made in order to appeal a partial order of dismissal, but the judgment wasn't final, couldn't be appealed, and the trial court disavowed the ability to revisit the agreement, resulting in attempts by the plaintiff to finalize the judgment by dismissing other claims, but still couldn't get the judgment revisited because a cross-claim remained pending, because while the court agreed that the present appeal wouldn't get the plaintiff out of their bind, but clarifying that the trial court retained authority to render a final and appealable judgment and remanding for the trial court to vacate its defective judgment and enter a final judgment.
Posted: December 18, 2017, 8:00 am

City of Providence v. BATS Global Markets, Inc.

(United States Second Circuit) - Vacating a district court judgment to defendant national securities exchanges in a case where investors alleged misrepresentations about products and services they say gave high-frequency trading firms the edge in trading, at their expense, because the court had subject matter jurisdiction over the claims, the defendants were not immune from suit, and the district court erred in dismissing the complaint for failure to state a claim.
Posted: December 18, 2017, 8:00 am

Skrabec v. Town of North Attleboro

(United States First Circuit) - Affirming the summary judgment to the defense in a case alleging conspiracy, negligence, and malicious prosecution following the arrest of a student for statements that he'd 'like to shoot up the school' shortly after the Sandy Hook Massacre where the plaintiffs failed to file an opposition to the motion for summary judgment because excusable neglect was not a defense where the neglect was the result of an understanding of procedure by the defense attorney that was simply wrong, namely that the obligation to file a motion in opposition was unnecessary while settlement discussions were ongoing.
Posted: December 18, 2017, 8:00 am