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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, 03/21/2011
Wilson v. Moulison North Corp., No. 10-1387
In a labor and employment dispute alleging a hostile, racial working environment, summary judgment in favor of employer is affirmed where the employer, when notified of the hostile environment, took prompt and appropriate corrective action. Read more... United States First Circuit, 03/23/2011
FleetBoston Financial Corp. v. Alt, No. 10-1035
In an employment dispute arising out of an arbitral award, summary in favor of defendant based on the recognition and entry of award by district court is affirmed because the arbitral award decided the essence of dispute. Read more... United States First Circuit, 03/24/2011
Decotiis v. Whittemore, No. 10-1242
In a First Amendment dispute involving allegations of retaliation through adverse employment action, Rule 12(b)(6) dismissals by district court is affirmed in part and vacated in part where plaintiff failed to make a constitutional claim against all defendants. Read more...
United States First Circuit, 03/25/2011
Nnebe v. Daus, No. 09-4305
In a dispute involving the suspension of taxi licenses held by a purported class of New York taxi drivers, summary judgment by district court is affirmed in part and reversed in part, in a holding affirming the district court's grant of summary judgment to defendants that the City need not provide a pre-deprivation hearing before suspending licenses, but reversing, due to inadequate factual record, summary judgment on plaintiffs' claim that the post-deprivation hearing afforded to drivers was insufficient to provide due process, along with the district court's holding that New York Taxi Workers Alliance lacked standing. Read more... United States Second Circuit, 03/21/2011
Amnesty International USA v. Clapper, No. 09-4112
In a facial challenge by attorneys, journalists, and labor, legal, media, and human rights organizations to the constitutionality of Section 702 of the Foreign Intelligence Surveillance Act of 1978, dismissal by district court for lack of standing is reversed where appellants have standing because of a reasonable fear of future injury and the costs incurred to avoid such injury. Read more... United States Second Circuit, 03/22/2011
Bechtel Do Brasil Construcoes Ltda., et al. v. UEG Araucaria Ltda., No. 10-034
In an action seeking a permanent stay of arbitration on the grounds that claims by defendant were time-barred under both New York and Brazilian law, judgment by district court is reversed where court erred in taking the timeliness issue from the arbitrator. Read more... United States Second Circuit, 03/23/2011
Cacchillo v. Insmed, Inc., No. 10-4630
In a section 1983 and breach of agreement dispute arising from the refusal of defendant to support an FDA compassion application, denial of motion for a preliminary injunction is affirmed where plaintiff has standing to sue on a ripe claim, but has not shown the requisite likelihood of success on the merits. Read more... United States Third Circuit, 03/21/2011
Tri-M Group v. Sharp, No. 10-2365
In a dormant commerce clause challenge to a state regulatory scheme for the training and compensation of apprentices on construction projects, summary judgment in favor of plaintiff is affirmed where refusal to recognize out-of-state registered apprentices facially discriminated against out-of-state contractors without advancing a legitimate state interest. Read more... United States Third Circuit, 03/22/2011
Hartmann v. Commissioner of IRS, No. 10-3501
In an action to collect unpaid taxes, summary judgment in favor of the IRS is affirmed where arguments on appeal do not demonstrate the existence of a genuine issue of material fact, or that the IRS is not entitled to judgment as a matter of law. Read more... United States Ninth Circuit, 03/21/2011
Smith v. Almada, No. 09-55334
In an appeals arising out of the arrest and trial of the appellant for arson, summary judgment in favor of the appellee is affirmed where failure to disclose evidence during criminal trial did not prejudice appellant. Read more... United States Ninth Circuit, 03/22/2011
Hayes v. County of San Diego, No. 09-55644
In a 42 U.S.C. section 1983 action stemming for the fatal shooting of plaintiff's father, summary judgment in favor of defendants is affirmed in part and reversed in part where standing remains an open question and the district court correctly applied the purpose-to harm standard. Read more... United States Ninth Circuit, 03/22/2011
Hunt v. Los Angeles, No. 09-55750
In a 42 U.S.C. section 1983 dispute challenging the constitutionality of several city ordinances aimed at preventing vending on the Venice Beach Boardwalk, judgment by district court is affirmed in part and remanded in part where court did not abuse discretion but improperly failed to address one of the challenges in the first instance. Read more... United States Ninth Circuit, 03/22/2011
Wapato Heritage LLC V. US, No. 09-36150
In a dispute involving the effective exercise of an option to renew a lease agreement, summary judgment in favor of defendant is affirmed where factual findings by district court were not erroneous. Read more... United States Ninth Circuit, 03/23/2011
Pascua v. Holder, No. 08-71636
In companion petitions for review of orders of the BIA, petitions are granted where former section 212(c) of the INA applies in deportation proceedings that commenced before the effective date of the Illegal Immigration Reform and Immigrant Responsibility Act even if the proceedings include deportation charges based on post-IIRIRA offenses. Read more... United States Ninth Circuit, 03/23/2011
Bingham v. Holder, No. 09-70107
In a petition for review of an order of removal by the DHS, petition is denied where the enforcement of a written waiver of rights associated with entry into the US through the Visa Waiver Program and the summary issuance of an order of removal without a hearing is proper. Read more... United States Ninth Circuit, 03/24/2011
Franzen v. US, No. 08-56181
In a dispute over which tax lien, federal or state, takes priority, judgment of district court is affirmed where federal lien takes priority of state lien, because federal claim was timely and does not depend on the vagaries of when the US files a claim in state court relative to a competing claimant. Read more... United States Ninth Circuit, 03/24/2011
Cafasso v. General Dynamics C4 Sys., No. 09-16181
In an appeal arising from the False Claims Act (FCA), order of district court dismissing qui tam complaint is affirmed where complaint by plaintiff failed to state a plausible claim for relief. Read more... United States Federal Circuit, 03/21/2011
Ford Motor Co. v. US, No. 2010-1238
In a dispute over whether plaintiff was entitled to post-entry duty refunds under NAFTA, even though it failed to file the pertinent certificates of origin within the prescribed period, dismissal by trial court for lack of subject matter jurisdiction is reversed where untimely filing of certificates did not vitiate jurisdiction. Read more... United States Federal Circuit, 03/21/2011
Innovation Toys v. MGA Entertainment, No. 2010-1290
In an infringement dispute regarding a patent related to a chess-like, light-reflecting board game, summary judgment by district court is affirmed in part and reversed in part where the court correctly found no genuine issues of material fact regarding literal infringement based on its construction of a claim term but erred in several of its factual findings underlying its nonobviousness determination. Read more... United States Federal Circuit, 03/23/2011
In re Verizon Business, No. 956
In a petition for a writ of mandamus, district court order denying transfer to a far more convenient venue based solely on its previous handling of a lawsuit involving the same patent is reversed where there is no supportable basis for order. Read more... California Court of Appeal, 03/22/2011
Vafi v. McCloskey, No. B223237
In an action against attorneys for malicious prosecution, grant of a special motion to strike and dismissal by the trial court is affirmed because the limitations period as set forth in CCP section 340.6, and not the general statute of limitations applicable to actions for malicious prosecution, controls. Read more... California Court of Appeal, 03/22/2011
Cal. Retail Portfolio v. Hopkins Real Estate, No. B224000
In a dispute over the validity of a writ of attachment issued by trial court, writ order is affirmed because there was substantial evidence that an award for plaintiff might be rendered ineffectual without a writ of attachment. Read more... California Court of Appeal, 03/23/2011
Banning Ranch Conservancy v. Superior Court, No. G044223
In a petition for a writ of mandate, trial court order of disqualification is vacated because an open-ended retainer agreements of themselves do not create a current attorney-client relationship. Read more... California Court of Appeal, 03/23/2011
Leung v. Verdugo Hills Hosp., No. B204908
In a tort action for the wrongful death of a new-born, judgment against the defendant holding it jointly and severally liable is affirmed in part and reversed in part because common law release rule, not CCP sections 877 and 877.6, applied as a release of the joint and several liability of the defendant. Read more... California Court of Appeal, 03/24/2011
Krikorian Premiere v. Westminster, No. E047523
In a dispute involving the appealability of an order taxing costs, trial court order is held to be appealable. Read more... California Court of Appeal, 03/24/2011
People v. Superior Court, No. B229701
In petition for a writ of mandate, order of trial court granting defendant a separate penalty jury in a capital murder case is granted where court abused its discretion. Read more... California Court of Appeal, 03/24/2011
Turner v. Ass'n Am. Medical Coll., No. A126742
In a dispute involving the scope of the bilateral, prevailing party statutory fee-shifting provision in section 55 of the Disabled Persons Act (DPA), determination of the trial court is affirmed because a prevailing defendant is not entitled to attorney fee award under the statute. Read more... California Court of Appeal, 03/24/2011
Country Side Villas v. Ivie, No. H034702
In a dispute involving liability for home repairs and improvements, trial court judgment in favor of defendant on anti-SLAPP motion is affirmed where court properly held that motion was timely and causes of action arose from protected activity. Read more... California Court of Appeal, 03/24/2011
Trinity Park v. City of Sunnyvale, No. H035573
In a dispute arising out of the imposition of an affordable housing condition on a development permit issued by defendant, dismissal by trial court is affirmed because condition did not constitute a development fee, dedication, reservation or other exaction where the condition was not intended to defray the cost of public facilities related to the development. Read more... California Court of Appeal, 03/24/2011
Maddox v. City of Costa Mesa, No. G043297
In a dispute involving whether under Government Code section 68097.2 counsel can be responsible for reimbursing the cost of paying a subpoenaed peace officer, judgment by trial court is affirmed because counsel for a litigant can be responsible for such reimbursement costs. Read more... Court of Appeals of New York, 03/25/2011
In the Matter of Madeline Acosta, No. 36
In a dispute over the scope of Correction Law Section 75, dismissal by trial court is modified and affirmed because defendant acted arbitrarily in denying application for security clearance by petitioner where it failed to comply with the requirements of the Correction Law. Read more... Court of Appeals of New York, 03/25/2011
Goldenberg v. Westchester County Health Care Corp., No. 50
In a a special proceeding on a notice of a late claim for medical malpractice against defendant, judgment of dismissal by trial court is affirmed where ultimate complaint dramatically differed, substantively and materially, from the proposed complaint which the plaintiff filed in the prior, special proceeding. Read more... Court of Appeals of New York, 03/25/2011
Penguin Group (USA) Inc. v. American Buddha, No. 7
In a question involving the scope of long-arm jurisdiction under CPLR 302 (a)(3)(ii) as applied to a federal copyright infringement action, the situs of injury for purposes of determining long-arm jurisdiction is the location of the copyright holder. Read more...
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