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Civil Procedure United States Supreme Court, 04/04/2011
Arizona Christian School Tuition Org. v. Winn, No. 09–987
In an Establishment Clause challenge to a state law that gives tax credits for contributions to school tuition organizations which then use the contributions to provide scholarships to students attending private schools, including religious schools, judgment of the Court of Appeals is reversed where respondents lacked Article III standing because they challenged a tax credit as opposed to a governmental expenditure. Read more... United States Second Circuit, 04/08/2011
In Re: Parmalat Securities Litigation, No. 09-4302
In consolidated cases arising from the financial collapse of Parmalat Finanziaria, judgment of the district court denying motions for remand and abstention is affirmed in part and vacated in part where cases were properly removed, but court applied the wrong standard for determining timely adjudication for the purposes of 28 U.S.C. section 1334(c)(2). Read more... United States Third Circuit, 04/04/2011
In re: Stanley Caterbone, No. 07-2151
In dispute involving the scope of federal court jurisdiction under 28 U.S.C. section 158(c)(2) and the Federal Rules of Bankruptcy Procedure where the question on appeal involves whether an untimely filing such as the one at issue deprives subsequent reviewing courts of jurisdiction over the appeal, judgment by district court is affirmed as modified because the prescribed section 158(c)(2) timeline within which an appeal from a bankruptcy court must be filed is mandatory and jurisdictional. Read more...
United States Third Circuit, 04/04/2011
Landsman and Funk PC v. Skinder-Strauss Assoc., No. 09-3105
In a class action dispute involving whether the Telephone Consumer Protection Act (TCPA), 47 U.S.C. section 227(b), confers federal, diversity jurisdiction for private causes of actions, judgment of district court dismissing action for lack of subject matter jurisdiction is reversed where on the language, structure, and legislative history of the statute, Congress did not divest the federal courts of diversity jurisdiction over private causes of action under the TCPA. Read more... United States Third Circuit, 04/05/2011
Henderson v. UPMC, No. 10-1377
In a labor and employment dispute involving the scope of the records-keeping provision of the ERISA, 29 U.S.C. section 1059(a)(1), Rule 12(b)(6) dismissal by district court on the ground that the ERISA only required records of wages paid and not hours worked, is affirmed where the plain language of the relevant pension plan imposed no duty on defendant to maintain records of hours worked. Read more... United States Fourth Circuit, 04/06/2011
Adams v. The Trustees of UNCW, No. 10-1413
In a Title VII action alleging retaliation, religious and speech-based discrimination in relation to the decision not to promote plaintiff to the position of full professor, summary judgment in favor of defendants is affirmed in part and reversed in part where district court properly held that plaintiff failed to satisfy his burdens under both Hill v. Lockheed and McDonnell-Douglas, but erred in its McVey analysis of the First Amendment claim. Read more... United States Ninth Circuit, 04/04/2011
Zeinali v. Raytheon Co., No. 09-56283
In a labor and employment dispute involving a claim of discriminatory termination under the the FEHA, Cal. Gov. Code sectoin 12940 et seq, judgment of the district court dismissing claim for lack of subject matter jurisdiction is reversed where court had jurisdiction because plaintiff did not dispute the merits of an executive branch decision denying him security clearance, but instead, disputed the bona fides of a professed security clearance requirement while introducing evidence to satisfy his pleading burdens under McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973). Read more... United States Ninth Circuit, 04/06/2011
Vukmirovic v. Holder, No. 05-75936
In an immigration appeal arising from removal of petitioner in absentia, petition for rehearing en Banc is granted where circuit panel has now concluded that its original opinion constituted a departure from Circuit precedent and interpreted too broadly the exceptional circumstances safe harbor for aliens removed in absentia under 8 U.S.C. section 1252b(c)(3)(A). Read more... United States Ninth Circuit, 04/07/2011
Gutierrez v. Advanced Med. Optics, Inc., No. 09-55860
In a tort and injury action alleging medical negligence, dismissal by district court on forum non conveniens grounds is reversed because while, based on the initial evidence before it, the court did not err in its analysis, an intervening denial of jurisdiction by Mexican courts compels a remand for reconsideration. Read more... United States Ninth Circuit, 04/07/2011
Gardner v. US Bureau of Land Management, No. 09-35647
In action for declaratory and injunctive relief to compel the defendant to prohibit off-road vehicle use on a mountain trail under its care, summary judgment in favor of defendant is affirmed because the defendant was not required to make a finding that the use of off-road vehicle caused considerable adverse effects to trail and where denial of petition on the matter by defendant was not arbitrary and capricious. Read more... United States Ninth Circuit, 04/07/2011
Karuk Tribe v. US Forestry Serv., No. 05-16801
In a dispute brought by a tribe involving mining in the Klamath River and alleging violations of Section 7 of the Endangered Species Act (ESA), 16 U.S.C. section 1536(a)(2), summary judgment by district court that a decision permitting a mining operation to proceed on the sole basis of a Notice of Intent (NOI) is affirmed because the NOI process does not constitute an agency action as defined under the ESA, such that an interagency consultation is mandatory. Read more... United States Ninth Circuit, 04/07/2011
Reyes-Torres v. Holder, No. 08-74452
In a petition for review involving whether the BIA has jurisdiction to review a motion to reconsider and reopen submitted after the petitioner, a native and citizen of Mexico, has been involuntarily removed, petition is granted because the BIA has such jurisdiction. Read more... California Court of Appeal, 04/04/2011
Newton-Enloe v. Horton, No. F060147
In an action to compel the Department of Public Health to prepare and submit to the Legislature a safe drinking water plan as required by Health and Safety Code section 116355, denial of a petition for a writ of mandate is reversed where trial court failed to determine, as a threshold matter, whether petitioner met the requirements of CCP section 1085. Read more... California Court of Appeal, 04/05/2011
Santa Monica Baykeeper v. City of Malibu, No. B222776
In a dispute arising from a challenge to the adoption of an environmental impact report (report) and approval of a park project by defendant based on the report, judgment of trial court denying petition for a writ of mandate is affirmed where dispute regarding construction-related impacts is moot because project was completed during pendency of appeal and conclusions drawn by report are supported by substantial evidence. Read more... California Court of Appeal, 04/05/2011
Estate of Redfield, No. B216190
In a probate matter arising from a petition by respondents to recharacterize the total value of the estate of the descendant, judgment by the trial court ordering the return of $136,000 to the estate is reversed as barred by the doctrine of res judicata nearly two years after the probate court approved a settlement of a will contest. Read more... California Court of Appeal, 04/05/2011
Garbell v. Conejo Hardwoods, No. B221482
In tort action alleging negligent destruction of property belonging to plaintiff, and a subrogation action against defendant, judgment of trial court offsetting an insurance payment against jury award is reversed for modification of judgment and a reconsideration of motion for costs even though sufficient evidence supports liability and trial court correctly calculated the judgment. Read more... California Court of Appeal, 04/07/2011
Sullivan v. Centinela Valley H.S. Dist., No. B219524
In a dispute involving the scope of Education Code section 44929.21, judgment denying petition for a writ compelling defendant to reinstate petitioner as a full-time employee on the basis that section 44929.21(b) notice was untimely is affirmed, because a probationary teacher may not assert failure of service under section 44929.21(b) when he avoids service where, under the circumstances, it reasonably can be inferred that he did so with knowledge of the non-retention decision. Read more... Court of Appeals of New York, 04/05/2011
In the Matter of the Liquidation of Midland Ins. Co., No. 38
In a choice-of-law dispute arising from the liquidation of a stock casualty insurer, judgment of the appellate division that New York law must apply to all claims arising from the liquidation is reversed as erroneous, where the appropriate analytical approach was the center of gravity or grouping of framework without regard to Article 74 of the Insurance Law. Read more... Court of Appeals of New York, 04/05/2011
In the Matter of Robert Thomas Woods, No. 54
In an Article 78 dispute involving the scope of Military Law section 243(7) and the rights of a wait-listed civil service applicant who was on military duty when his name was reached for appointment as a New York City firefighter, judgment of the appellate court is reversed because section 243 (7) required respondent to place petitioner on a "special eligible list" from which he could be certified for appointment at the end of his military duty. Read more... Court of Appeals of New York, 04/05/2011
People v. Stewart, No. 47
Conviction and sentencing of defendant for attempted robbery in the first degree is upheld because Catu claim by defendant could not be raised in a CPL 440.10 motion. Read more... Court of Appeals of New York, 04/05/2011
In the Matter of Ridge Road Fire District, No. 55
In an appeal arising from an Article 78 challenge to a claim of benefits under General Municipal Law section 207(a) by Appellant, decision by Respondent-hearing officer vacating a denial of benefits is reversed because decision was arbitrary and capricious where initial denial of benefits was based on substantial evidence. Read more...
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