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Table of Contents Civil Procedure FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com.
Civil Procedure United States First Circuit, 03/16/2011
Firstbank Puerto Rico, Inc. v. La Vida Merger Sub, Inc., No. 10-1585
In a securities action alleging Section 10(b) and Rule 10(b)(5) violations two years after alleged violations occurred, dismissal by district court is affirmed because federal claims are time-barred under Sarbanes-Oxley, 28 U.S.C. section 1658(b)(1). Read more... United States First Circuit, 03/18/2011
ANIMA S.G.R.p.A. v. Gozani, No. 10-1048
In an action alleging securities fraud under sections 10(b)(5) and 20(a) of the Securities Exchange Act, Rule 12(b)(6) dismissal by district court is affirmed where district court correctly analyzed the allegations of the complaint and correctly concluded that, in light of the applicable legal standards, the complaint contained no actionable misstatements. Read more... United States Second Circuit, 03/15/2011
NY Atlantic Railway v. Surface Transportation Bd., No. 10-1490
Petition for review of the decision of the Surface Transportation Board (STB) that petitioner did not fall within the exclusive jurisdiction of the STB, and thus failed to qualify for federal preemption from local zoning regulations is denied because administrative decision was neither neither arbitrary nor capricious. Read more...
United States Second Circuit, 03/17/2011
Republic of Ecuador v. Chevron, No. 10-1020
In a dispute involving whether the terms of a bilateral investment treaty between the U.S. and Ecador preempts ongoing litigation between plaintiffs and defendant, dismissal by district court of motion to stay arbitration is affirmed where plaintiffs consented to sending challenges to the validity of the arbitration agreement to an arbitral panel. Read more... United States Third Circuit, 03/15/2011
Leap Systems Inc v. Moneytrax Inc, No. 10-2965, 10-3107
In a commercial dispute, district court's order denying motion by petitioner to unseal portions of a judicial record containing the terms of a confidential settlement agreement is affirmed, where, on balance, the privacy interest of plaintiff outweighs public interest in disclosure. Read more... United States Third Circuit, 03/16/2011
General Category Scallop Fishermen v. Secretary US Department of Commerce, No. 10-2341
In an appeal arising from a dispute over the right of fishermen to access the Atlantic Sea Scallop Fishery, summary judgment in favor of defendant is affirmed where promulgation of regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan was valid. Read more... United States Third Circuit, 03/17/2011
US v. Higdon, No. 10-3882
Petition for a writ of mandamus directing district court to to properly instruct a jury on the elements of charged crime is granted where government had no other adequate means of seeking relief and conduct by trial court constituted clear and indisputable error. Read more... United States Fourth Circuit, 03/14/2011
Katyle v. Penn National Gaming, Inc., No. 09-2272
In a securities fraud action alleging section 10(b) violations, dismissal by district court is affirmed where court did not abuse its discretion in refusing to entertain a third, amended complaint as such complaint did not sufficiently alleges loss causation. Read more... United States Fourth Circuit, 03/16/2011
Solis v. Malkani, No. 09-1383
In an appeal arising out of ERISA, district court judgment in favor of plaintiff is affirmed where there is no error. Read more... United States Ninth Circuit, 03/14/2011
Helman v. Alcoa Global Fastners, Inc., No. 09-56501
In a dispute involving liability for three navy crew killed in a helicopter crash at sea, summary by district court in favor of defendants is affirmed because state law claims are preempted by the Death on the High Seas Act. Read more... United States Ninth Circuit, 03/14/2011
Los Angeles v. San Pedro Boat Works, No. 08-56163
In a dispute involving the scope of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. section 9607(a)(2), summary judgment in favor of defendants is affirmed because a holder of a revocable permit to use real property is not an owner of that property under the CERCLA. Read more... United States Ninth Circuit, 03/14/2011
Paiute-Shoshone Indians of the Bishop Community v. Los Angeles, No. 07-16727
In action against defendant for an order restoring plaintiff to possession of land that defendant took long ago in a deal with the United States, dismissal of case by trial court is affirmed because the United States was a required party that plaintiff could not join. Read more... United States Ninth Circuit, 03/18/2011
Gerhart v. Lake County Montana, No. 10-35183
In a 42 U.S.C. section 1983 dispute involving the denial of a permit application to build an approach, judgment of district court is affirmed in part and reversed in part where court properly granted summary judgment to defendants on due process claims, but erred in holding that class of one claim by plaintiff failed as a matter of law. Read more... United States Federal Circuit, 03/16/2011
Old Reliable Wholesale, Inc. v. Cornell Corp., No. 2010-1247
In a patent infringement case, judgment of district court awarding attorney fees under 35 U.S.C. section 285 to prevailing defendant is reversed where district court committed clear error in holding that the dispute was exceptional. Read more... California Court of Appeal, 03/14/2011
Behr v. Redmond, No. E048333
In an action alleging tortious transmission of genital herpes, judgment and award in favor of plaintiff is affirmed in part and reversed in part where, among other grounds: 1) there is sufficient evidence supporting liability; 2) defendant waived his argument concerning special verdict; and 3) award of damages for future medical expenses is excessive. Read more... California Court of Appeal, 03/14/2011
Conservatorship of McQueen, No. A126825
Judgment and award against defendants on multiple causes of action for violation of the terms of a trust is affirmed where grounds for appeal are without merit. Read more... California Court of Appeal, 03/14/2011
In re: Marr. of Duris and Urbany, No. B222002
In a dissolution of marriage action, imposition of a $10,000 fine against petitioner as sanction for unnecessary litigation is reversed where sanction offends Due Process. Read more... California Court of Appeal, 03/16/2011
Bartholomew v. SeaRiver Maritime, Inc., No. A127424
In an appeal arising under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. section 901, et seq, the trial court's summary judgment in favor of defendant is affirmed where there is no triable issue of material fact that defendant breached a duty owed to plaintiff. Read more... California Court of Appeal, 03/16/2011
South Sutter v. LJ Sutter Partners, No. C059554
In a case involving the scope of a option agreement, trial court judgment in favor of defendant is affirmed where trial court correctly held that anti-SLAPP motion was timely and arose from the exercise of constitutional rights by defendant. Read more... California Court of Appeal, 03/16/2011
Div. of Labor Standards v. Moreno Construction, Inc., No. F059454
In a consolidated dispute involving violations of the state's prevailing wage law, Labor Code section 1742, trial court denial of motions by defendants for lack of subject matter jurisdiction is affirmed in the case of one defendant but reversed in the other where trial court had jurisdiction to entertain both motion on its merits. Read more... California Court of Appeal, 03/16/2011
Hall v. Goodwill Industries, No. B215860
In a dispute involving a claim of wrongful termination and retaliation under the Fair Employment and Housing Act, grant of summary judgment by trial court is affirmed where action was time-barred because one-year limitations period set forth in Government Code section section 12965(b) begins to run as of the date a right-to-sue notice is issued. Read more... California Court of Appeal, 03/16/2011
Landvalue 77, LLC v. Bd. of Trustees of the California State University, No. F058451
In a challenge to the approval of a mixed-use development project by plaintiff, judgment by trial court is affirmed in part and reversed in part where the trial court was required by Public Resources Code section 21168.9 to issue a writ of mandate but did not abuse its discretion in refusing to enjoin construction. Read more... California Court of Appeal, 03/17/2011
Shanahan v. State Farm General Ins. Co., No. G042988
In a case for breach of contract and breach of the convenant of good faith and fair dealing arising out of the refusal by defendant to defend the plaintiff in a sexual harassment lawsuit, summary judgment in favor of the defendant is affirmed where there was no triable issue of fact regarding the causes of action of the underlying litigation such that defendant was required to defend plaintiff under the terms of an existing insurance policy. Read more... California Court of Appeal, 03/17/2011
Brown v. Desert Christian Center, No. F060139
In a tort and injury action arising out of injuries suffered by plaintiff while doing work at a worksite owned by defendant, denial of award of cost to defendant on the grounds that the court lacked subject matter jurisdiction over action, Labor Code section 3706, is reversed where nothing in the wording of CCP section 1032 limits entitlement to award based on the means by which a party prevails. Read more...
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