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Table of Contents Civil Procedure - Elgin v. US Dept. of Treasury
- Ramos-Cruz v. Centro Medico del Turabo, Inc.
- Robidoux v. Muholland
- Rodriguez v. Senor Frog's De La Isle, Inc.
- Barros-Villahermosa v. US
- Soto v. State Industrial Products, Inc.
- Huertas v. Galaxy Asset Management
- Helen Mining Co. v. Obush
- Knopick v. Connelly
- Galena v. Leone
- Central W. Virginia Energy Co., Inc. v. Mountain State Carbon, LLC
- Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC
- The Facebook, Inc. v. Connectu, Inc.
- New Mexico State Investment Co. v. Ernst & Young LLP
- Florer v. Congregation Pidyon Shevuyim, N.A. Contract Chaplaincy
- McKesson Tech, Inc. v. Epic Systems Corp.
- Block v. Secretary of Veterans Affairs
- In Re Tanaka
- Wells Fargo and Co. v. US
- City of Los Angeles v. Superior Court (Plotkin)
- R.S. v. Pacificare Life and Health Ins. Co.
- Los Angeles Gay and Lesbian Center v. Superior Court (Bomersheim)
- Wills v. Superior Court of Orange County
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Civil Procedure United States First Circuit, 04/11/2011
Elgin v. US Dept. of Treasury, No. 10-1302
In a constitutional challenge to the prohibition against Executive Branch employment of persons failing to register with the Selective Service System as a forbidden bill of attainder, judgment by district court is reversed where court lacked subject matter jurisdiction. Read more... United States First Circuit, 04/11/2011
Ramos-Cruz v. Centro Medico del Turabo, Inc., No. 10-1203
In dispute involving the Emergency Medical Treatment and Active Labor Act (EMTALA), summary judgment of district court in favor of defendant is affirmed where defendant-Hospital provided for an emergency transfer in the best interests of the patient under 42 U.S.C. section 1395dd(c)(1)(A)(ii). Read more... United States First Circuit, 04/11/2011
Robidoux v. Muholland, No. 10-2031
In an injury and tort action arising from injuries plaintiff suffered while working at a construction site in Rhode Island, summary judgment in favor of defendant is reversed where Massachusetts Workers Compensation Act applies and does not bar claims. Read more...
United States First Circuit, 04/12/2011
Rodriguez v. Senor Frog's De La Isle, Inc., No. 09-2548
In diversity-based personal injury dispute arising from a road accident caused by an auto owned by defendant-appellant, jury verdict in favor of plaintiff-appellee and judgment of the district court are affirmed where there is no reversible error. Read more... United States First Circuit, 04/15/2011
Barros-Villahermosa v. US, No. 09-2614
In dispute arising from a malicious prosecution action under the Federal Tort Claims Act (FTCA), summary judgment in favor of defendant is affirmed where plaintiff failed to meet FTCA standard under Puerto Rican law, namely that: 1) a criminal action was initiated or instigated by the defendants; 2) the criminal action terminated in favor of plaintiff; 3) defendants acted with malice and without probable cause; and 4) plaintiff suffered damages. Read more... United States First Circuit, 04/15/2011
Soto v. State Industrial Products, Inc., No. 10-1626
In a dispute involving allegations of federal employment discrimination in violation of the ADA, 42 U.S.C. section 12101 et seq., and breach of Puerto Rico law, judgment of the district court dismissing complaint pursuant to the Federal Arbitration Act, 9 U.S.C. section 1 et seq., and an arbitration agreement between the parties is affirmed over claims that: 1) plaintiff did not receive valid consideration for arbitration agreement; 2) her consent was rendered void by the conditions under which she signed agreement; and 3) the arbitral costs imposed by agreement are unconscionable. Read more... United States Third Circuit, 04/11/2011
Huertas v. Galaxy Asset Management, No. 10-2532
In a dispute involving the scope of the Fair Debt Collection Practices Act (FDCPA), Rule 12(b)(6) dismissal by district court is affirmed where the expiration of the statute of limitations on a debt makes debt unenforceable, but does not extinguish the debt itself, such that neither an assignment nor an attempt to collect on the debt violates the FDCPA. Read more... United States Third Circuit, 04/13/2011
Helen Mining Co. v. Obush, No. 09-3438
In a petition for review of a decision awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. sections 901-945, petition is denied where claim by retiree sixteen years after he last worked for petitioner was not time-barred because a medical determination of total disability due to pneumoconiosis predating a prior, final denial of benefits is deemed a misdiagnosis and thus, cannot trigger the statute of limitations for filing a subsequent claim. Read more... United States Third Circuit, 04/13/2011
Knopick v. Connelly, No. 10-1589
In a dispute arising from a legal malpractice claim and the timeliness of underlying tort action, summary judgment in favor of defendant on the ground that action was time-barred is reversed where district court failed to apply the discovery rule to underlying claim, and there was a genuine issue of fact prohibiting summary dismissal. Read more... United States Third Circuit, 04/13/2011
Galena v. Leone, No. 10-1914
In a Section 1983 action arising from the expulsion of plaintiff from a public meeting, judgment of the district court vacating jury verdict awarding plaintiff compensatory damages, and denying attorneys fees, is affirmed because there was insufficient evidence supporting jury verdict. Read more... United States Fourth Circuit, 04/13/2011
Central W. Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, No. 10-1486
In a dispute over the scope of federal diversity jurisdiction as applied to corporations and involving an action for breach of contract, dismissal by district court on the ground that adverse parties were not diverse, is reversed where seven of eight officers of defendant substantially operated from a single forum making the forum the principal place of business of defendant such that dismissal was erroneous under the U.S. Supreme Court decision in Hertz Corp. v. Friend, 130 S. Ct. 1181, 1186 (2010). Read more... United States Fourth Circuit, 04/14/2011
Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC, No. 08-2370
In a dispute arising from the award of attorneys fees following a Clean Air Act litigation, judgment of the district court is affirmed because summary judgment victory by Plaintiffs constituted some success where defendant to to submit to state administrative evaluations. Read more... United States Ninth Circuit, 04/11/2011
The Facebook, Inc. v. Connectu, Inc., No. 08-16873
In a dispute arising from the validity of a settlement agreement where plaintiffs claimed that the omission of several stock transfer documents and a lower-than-expected post-settlement disclosure of common stock value rendered settlement agreement uneforceable, judgment of the district court is affirmed where such omissions were an only important term that affects the value of the bargain, and the parties were on equal bargaining footing such that the subsequent discovery of stock value did not make agreement uneforceable. Read more... United States Ninth Circuit, 04/14/2011
New Mexico State Investment Co. v. Ernst & Young LLP, No. 09-55632
In a dispute stemming from a securities class action complaint against a former client of defendant, judgment by district court granting defendant motion to dismiss is reversed where complaint contained well-pleaded factual allegations sufficient to survive motion. Read more... United States Ninth Circuit, 04/15/2011
Florer v. Congregation Pidyon Shevuyim, N.A. Contract Chaplaincy, No. 07-35866
In a 42 U.S.C. section 1983 and Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) action by plaintiff-prisoner alleging that defendants violated his constitutional rights when, on the basis that they did not consider him to be Jewish, they declined his requests for a Torah, a Jewish calendar, and a rabbi visit, summary judgment in favor of the defendants is affirmed because defendants were not state actors. Read more... United States Federal Circuit, 04/12/2011
McKesson Tech, Inc. v. Epic Systems Corp., No. 2010-1291
In a patent dispute alleging infringement of a patent directed to an electronic method of communication between healthcare providers, summary judgment in favor of defendant is affirmed because plaintiff is unable to attribute the performance of all the steps of the asserted method claims to a single party. Read more... United States Federal Circuit, 04/14/2011
Block v. Secretary of Veterans Affairs, No. 2010-7045
In a jurisdictional dispute arising from a petition seeking judicial review of an expunged administrative publication issued before the establishment of Court and which promulgated procedures governing disability claims based on exposure to Agent Orange, petition is dismissed where Congress did not intend reviewing authority of Court to be retroactive under 38 U.S.C. Section 502. Read more... United States Federal Circuit, 04/15/2011
In Re Tanaka, No. 2010-1262
In a patent dispute involving whether the submission of a narrower claim in a reissue application that still contains all of the original patent claims presents the type of error correctible by reissue under 35 U.S.C. section 251, order by PTO denying reissue is reversed as contrary to longstanding circuit precedent and stare decisis. Read more... United States Federal Circuit, 04/15/2011
Wells Fargo and Co. v. US, No. 2010-5108
In a dispute involving the federal income tax consequences of sale-in, lease-out (SILO) transactions, decision by trial court denying plaintiff claimed deductions for tax year 2002 stemming from its participation in 26 SILO transactions with tax-exempt entities is affirmed because plaintiff was not entitled to deductions for depreciation of assets and associated interests and expenses, as it failed to show that it owned SILO equipments. Read more... California Court of Appeal, 04/12/2011
City of Los Angeles v. Superior Court (Plotkin), No. B225082
In a petition for a writ of mandate arising from an action for inverse condemnation, summary judgment in favor of real parties on the ground that the creation of condemnation blight resulted in a constitutional takings is reversed, because real parties failed to present facts necessary to sustain a Klopping claim for precondemnation damages. Read more... California Court of Appeal, 04/12/2011
R.S. v. Pacificare Life and Health Ins. Co., No. B223723
In a dispute arising from an action for breach of insurance policy and state application of the full faith and credit clause of the United States Constitution, judgment of the trial court dismissing action is affirmed where under sister-state laws, claims were counterclaims that should have been raised in preceding, sister-state action. Read more... California Court of Appeal, 04/13/2011
Los Angeles Gay and Lesbian Center v. Superior Court (Bomersheim), No. B228853
Petition of mandate seeking order to compel trial court to set aside a class notice that provides for opt-out notice to a class of patients who mistakenly received from the petitioner the wrong medication for syphilis is granted in part and denied in part because trial court did not err in establishing an opt-out class, but erred in ordering the petitioner to disclose the names and addresses of plaintiffs counsel to the class members. Read more... California Court of Appeal, 04/14/2011
Wills v. Superior Court of Orange County, No. G043054
In a dispute involving the scope of the Fair Employment and Housing Act (FEHA), summary judgment in favor of the defendant is affirmed where plaintiff failed to exhaust her administrative remedies as to five of her six causes of action, and the remaining cause of action fails because an employer may reasonably distinguish between disability caused misconduct and the disability itself when the misconduct includes threats or violence against coworkers. Read more...
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