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Table of Contents Civil Procedure - General Dynamics Corp. v. US
- Chamber of Commerce of United States of America v. Whiting
- Camreta v. Greene
- Downing/Salt Pond Partners, L. P. v. State of RI and Providence Plantations
- Ramos v. Flynn
- Crispin-Taveras v. Municipality of Carolina
- Nunez-Colon v. Toledo-Davila
- United States v. Commonwealth of Puerto Rico
- Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc.
- Laboy v. Doral Mortgage Corporation
- Nokia Corporation v. InterDigital, Inc.
- Scott v. City of New York
- Freire v. Holder
- In re Attorney Disciplinary Appeal
- Accenture LLP v. Spreng
- Meyer v. CUNA Mutual Insurance Society
- In Re: Application Chevron
- Simonoff v. Expedia, Inc.
- Roberts v. Commissioner of the Social Security Administration
- Jeff D. v. Otter
- Sierra Forest Legacy v. Sherman
- In Re: Complaint of Judcial Misconduct
- Pinnacle Armor, Inc. v. US
- Jensen Family Farms, Inc. v. Monterey Bay Unified Air Pollution Control District
- Allergan, Inc. v. Athena Comestics, Inc.
- Benq America Corp. v. US
- In re D.C.
- Martinez v. L.A. County Metro. Transportation Auth.
- Scott C. Moody, Inc. v. Starr Surgical Co.
- Fair v. Bakhtiari
- Mealy v. B-Mobile, Inc.
- Cal. Assn. of Professional Scientists v. Dept. of Finance
- Doan v. State Farm Gen. Ins.
- Blaich v. West Hollywood Rent Stabilization Dept.
- International Assn. of Firefighters Local 230 v. City of San Jose
- Puerta v. Torres
- Simke, Chodos, Silberfeld and Anteau, Inc. v. Athans
- DiCampli-Mintz v. Santa Clara County
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Civil Procedure United States Supreme Court, 05/23/2011
General Dynamics Corp. v. US, No. 09–1298.
In a dispute arising from the termination of a government contract for the manufacture of stealth aircraft, judgment of the appeals court is reversed where petitioner claimed an affirmative defense of "superior knowledge" because, when a court dismisses a government contractor's prima facie valid affirmative defense to allegations of contractual breach to protect state secrets, the proper remedy is to leave the parties where they were on the day they filed suit. Read more... United States Supreme Court, 05/26/2011
Chamber of Commerce of United States of America v. Whiting, No. 09-115
In a federal pre-enforcement suit challenging the Legal Arizona Workers Act, which, in certain circumstances, revoke the licenses of state employers that knowingly or intentionally employ unauthorized aliens and requires all Arizona employers to use E-Verify, judgment of the appeals court is affirmed where the plain language of the Immigration Reform and Control Act's (IRCA) preemption clause did not invalidate Arizona's law because the law did no more than impose licensing conditions on businesses operating within the State; nor was the state law preempted with respect to E-Verify because although Congress made the program voluntary at the national level, it expressed no intent to prevent States from mandating participation. Read more... United States Supreme Court, 05/26/2011
Camreta v. Greene, No. 09-1454
In a dispute concerning the authority of the Court to review a judgment by an appeals court that petitioners were entitled to qualified immunity in a Section 1983 action arising from the warrantless questioning of an alleged 9-year old victim of sexual abuse by petitioners, the Court’s prudential practice of declining to hear appeals by prevailing parties does not bar consideration of the immunized officials' petitions for certiorari. Read more...
United States First Circuit, 05/23/2011
Downing/Salt Pond Partners, L. P. v. State of RI and Providence Plantations, No. 10-1484
In a federal takings dispute arising from defendant's restrictions on the development of a coastal residential subdivision, judgment of the district court dismissing action as unripe is affirmed where defendant's inverse condemnation procedure satisfies Williamson County. Read more... United States First Circuit, 05/23/2011
Ramos v. Flynn, No. 09-2179
In a Section 1983 action alleging a violation of the Due Process Clause for reckless indifference to his medical needs if plaintiff-detainee, judgment of the district court dismissing action is affirmed where: 1) plaintiff failed to exhaust the House of Correction’s grievance procedure for raising his complaints before filing action, and 2) the facts failed to show any action or failure to act by defendant going beyond negligence or malpractice to the point of deliberate indifference to substantial risk of serious harm to health. Read more... United States First Circuit, 05/25/2011
Crispin-Taveras v. Municipality of Carolina, No. 09-2625, 09-2626
In a civil rights action against defendants arising from the arrest and detention of plaintiff during a baseball game, judgment of the district court and order defaulting defendants for discovery violations are affirmed over defendants' challenges on the grounds of: 1) improper default sanction; 2) admission of psychological treatment evidence; 3) jury instructions; and 4) sufficiency of service of process. Read more... United States First Circuit, 05/26/2011
Nunez-Colon v. Toledo-Davila, No. 09-1784
In a Section 1983 dispute arising from the arrest and termination of plaintiff, a former police officer, for misappropriating $600 during a search of a home, judgment of the district court is affirmed where the court committed no error. Read more... United States First Circuit, 05/26/2011
United States v. Commonwealth of Puerto Rico, No. 10-1758
In a challenge to a district court's refusal to hold defendant in civil contempt for failing to comply with court-ordered measures aimed at improving conditions in defendant's juvenile correctional facilities, appellate challenge is dismissed as unripe, where court order is suspended as required by the Prison Litigation Reform Act. Read more... United States First Circuit, 05/27/2011
Voice of the Arab World, Inc. v. MDTV Medical News Now, Inc., No. 10-1396
In a trademark dispute involving an action to enjoin the use, sale, or promotion of the mark MDTV, judgment of the district court granting defendant's motion for a preliminary injunction is reversed where court abused its discretion in presuming that defendant was likely to suffer irreparable harm in the absence of preliminary injunctive relief. Read more... United States First Circuit, 05/27/2011
Laboy v. Doral Mortgage Corporation, No. 09-9022
In a bankruptcy dispute involving the violation of an automatic stay, judgment of the bankruptcy court denying a hearing on damages is reversed because debtors are entitled to present evidence. Read more... United States Second Circuit, 05/23/2011
Nokia Corporation v. InterDigital, Inc., No. 10-1358
In a dispute arising from an action for patent infringement, judgment of the district court denying defendants' motion to recover against a preliminary injunction bond is reversed where a wrongfully enjoined party is entitled to a presumption in favor of recovery against an injunction bond. Read more... United States Second Circuit, 05/24/2011
Scott v. City of New York, No. 09-3943
In a dispute involving the scope of the Carey rule as applied to the award of attorney’s fees and arising from the Fair Labor Standards Act’s fee shifting provision, 29 U.S.C. section 216(b), judgment of the district court is reversed because a district court’s personal observation of an attorney’s work is not by itself a sufficient basis for permitting a deviation and awarding fees in the absence of contemporaneous records Read more... United States Second Circuit, 05/27/2011
Freire v. Holder, No. 09-0329
In a petition for review of a judgment of the BIA denying petitioner's request for a continuance while petitioner, a native and citizen of Brazil, sought adjustment of his status before the USCIS, petition is granted where denial of request on the basis that the BIA lacked the authority to grant the continuance constitutes legal error. Read more... United States Second Circuit, 05/27/2011
In re Attorney Disciplinary Appeal, No. 10-90018
In an appeal arising from a decision by the court’s committee on grievances declining to take disciplinary action against appellant’s former attorney, appeal is dismissed because on the grounds that appellant lacks standing to challenge decision and mootness. Read more... United States Second Circuit, 05/27/2011
Accenture LLP v. Spreng, No. 11-222
In a dispute involving the scope of the Federal Arbitration Act (Act), 9 U.S.C. 39 section 16(b)(4), and arising from an asset purchase agreement, appeal of the district court's order denying plaintiff's motion to enjoin arbitration is dismissed because Act precludes review of the order where the order was not a final decision with respect to an arbitration. Read more... United States Third Circuit, 05/26/2011
Meyer v. CUNA Mutual Insurance Society, No. 09-4040
In a class-action dispute involving the proper interpretation of a credit disability insurance policy, judgment of the district court is affirmed in part and reversed in part where district court properly granted summary judgment with respect to the interpretation of the policy’s use of the phrase Total Disability, but erred in its order of a Permanent Injunction and Final Judgment. Read more... United States Third Circuit, 05/25/2011
In Re: Application Chevron, No. 10-4699, 11-1099
In an application for an order compelling discovery for use in a foreign proceeding, 28 U.S.C. Section 1782, involving the attorney-client privilege and arising from an environmental class-action, judgment of the district court is reversed where the presence of filmmakers prevented the attorney-client privilege from attaching subject communications. Read more... United States Ninth Circuit, 05/24/2011
Simonoff v. Expedia, Inc., No. 10-35595
In a dispute involving the scope of the Fair and Accurate Credit Transactions Act (FACTA), Rule 12(b)(6) dismissal by the district court is affirmed because under the FACTA, a receipt that is transmitted to the consumer via email and then digitally displayed on the consumer’s screen is not an electronically printed receipt. Read more... United States Ninth Circuit, 05/24/2011
Roberts v. Commissioner of the Social Security Administration, No. 10-35512
In a claim for Supplemental Security Income disability benefits, judgment of the district court affirming administrative denial of benefits is affirmed because defendant properly advised claimant of his 42 U.S.C. section 406(c) right to representation, and no disclosure beyond the section 406(c) disclosure is required. Read more... United States Ninth Circuit, 05/25/2011
Jeff D. v. Otter, No. 07-36009
In a dispute arising from an order vacating a consent degree involving an action against state officails to improve the care of a class of indigent children who suffer from severe emotional and mental disabilities, judgment of the district court is reversed where the court’s application of a civil contempt standard with the imposition of the burden of proof on the plaintiffs was in error. Read more... United States Ninth Circuit, 05/26/2011
Sierra Forest Legacy v. Sherman, No. 09-17796
In a dispute concerning whether the process of establishing management guidelines for federal lands complied with both the procedural requirements of the National Environmental Policy Act (NEPA) and the substantive restrictions of the National Forest Management Act (NFMA), judgment of the district court is affirmed in part and reversed in part where: 1) adopted supplemental environmental impact statement (SEIS) adequately addressed short-term impacts to old forest wildlife and disclosed and rebutted public opposition; 2) the plaintiffs did not violate the National Environmental Policy Act (NEPA) when approving a Basin Project because the plaintiffs adequately addressed the cumulative impacts of the proposed management action; 3) the plaintiffs violated NEPA by failing to update the alternatives from a 2001framework SEIS to reflect new modeling techniques used in a 2004 statement; and 4) district court erred in granting limited injunctive relief without giving undue deference to government experts. Read more... United States Ninth Circuit, 05/26/2011
In Re: Complaint of Judcial Misconduct, No. 10-90078
Complaint against a magistrate judge on the grounds that judge unlawfully granted defendants’ request for dismissal in a civil action and that a district judge rubber-stamped those decisions, with an additional allegation of corruption is dismissed where charges relate directly to the merits of the judges’ rulings and are without merit. Read more... United States Ninth Circuit, 05/26/2011
Pinnacle Armor, Inc. v. US, No. 08-16209
In a dispute arising from an administrative decision by defendant revoking the certification of one of plaintiff's products, judgment of the district court dismissing action is affirmed in part and reversed in part where: 1) plaintiff's due process claim fails because defendant afforded plaintiff adequate process; but 2) the propriety of defendant's decision is not committed to agency discretion by law and is therefore reviewable under the Administrative Procedure Act. Read more... United States Ninth Circuit, 05/27/2011
Jensen Family Farms, Inc. v. Monterey Bay Unified Air Pollution Control District, No. 09-16790
In a dispute arising from the defendant's adoption and enforcement of emission rules that regulate diesel-powered engines, judgment on the pleadings by district court is affirmed where regulations are preempted by the Federal Clean Air Act, 42 U.S.C. sections 7401 et seq. Read more... United States Federal Circuit, 05/24/2011
Allergan, Inc. v. Athena Comestics, Inc., No. 2010-1394
In an infringement action concerning PGF, a prostaglandin compound, to treat inadequate eyelash growth, and involving whether a party must allege an injury compensable by restitution to have standing under California's Unfair Competition Law (UCL), Bus. and Prof. Code sections 17200 et seq., judgment of the district court is reversed where UCL section 17204, as amended by Proposition 64, requires that a party need only allege an injury in fact that was caused by defendant’s unfair competition. Read more... United States Federal Circuit, 05/27/2011
Benq America Corp. v. US, No. 2010-1259
In a trade dispute invovling the proper classification of certain LCD monitors imported from China, judgment of the trial court classifying imports under subheading 8528.21.70 of the HTSUS is reversed where court erred in not conducting a principal use analysis with respect to the imported goods. Read more... California Court of Appeal, 05/23/2011
In re D.C., No. H036192
In a dispute involving the scope of Welf. & Inst. Code section 300(i), order of the juvenile court removing a seven-year-old child from her mother's custody on the basis that the mother subjected child to an act of cruelty is affirmed where jurisdiction under the direct-infliction prong of section 300(i) does not require a finding that the parent actually intended to harm the child. Read more... California Court of Appeal, 05/23/2011
Martinez v. L.A. County Metro. Transportation Auth., No. B221234
In a dispute arising from the scope of a settlement agreement reached between the parties following an action for disability discrimination, Code of Civil Procedure section 998, judgment of the trial court denying plaintiff's motion for statutory attorney fees is affirmed where such fees were part of the costs plaintiff agreed to bear in settlement agreement. Read more... California Court of Appeal, 05/24/2011
Scott C. Moody, Inc. v. Starr Surgical Co., No. G043230
In a dispute arising from counsel's violation of a sidebar directive, order of the trial court imposing a fine on defense counsel, Code of Civil Procedure section 177.5, is affirmed where counsel directly and willfully disobeyed court order and because the imposition of the fine was reasonable. Read more... California Court of Appeal, 05/24/2011
Fair v. Bakhtiari, No. A126844
In a dispute involving an attorney who entered into business transactions with his clients without the written disclosures required by Rule 3-300 of the Rules of Professional Conduct, judgment of the trial court is affirmed where court properly denied the attorney leave to amend his complaint to state a cause of action for the reasonable value of his services on account of his Rule 3-300 violation. Read more... California Court of Appeal, 05/24/2011
Mealy v. B-Mobile, Inc., No. B226243
In a tort action arising from a fall of plaintiff's wife from a hoist manufactured by defendant, judgment of trial court in favor of defendant is affirmed in part and vacated in part where the evidence adduced at trial supports a finding that plaintiff suffered a compensable loss of consortium, even though plaintiff's action for negligent infliction of emotional distress fails. Read more... California Court of Appeal, 05/25/2011
Cal. Assn. of Professional Scientists v. Dept. of Finance, No. C063118
In a petition for a writ of mandate compelling defendant to take steps necessary to present salary adjustments approved by the state Department of Personnel Administration (DPA), judgment of the trial court granting writ is reversed where the court exceeded its jurisdiction because neither Government Code section 19826 nor section 18500 imposed on defendant a ministerial duty to seek an appropriation to fund salary adjustments approved by the DPA Read more... California Court of Appeal, 05/24/2011
Doan v. State Farm Gen. Ins., No. H034426
In a class-action dispute concerning the proper interpretation of Insurance Code section 2071, judgment of the trial court dismissing complaint upon defendant's demurrer is reversed in part and affirmed in part where trial court had discretion to defer an appraisal pending a judicial declaration of the parties’ rights under insurance policies and statutes Read more... California Court of Appeal, 05/24/2011
Blaich v. West Hollywood Rent Stabilization Dept., No. B224142
In a petition for a writ of mandate seeking a rent reduction and compensation for past rent overcharges collected by defendant, judgment of the trial court dismissing petition as untimely is reversed where defendant's service of the record by overnight delivery was not complete, until the record was received by the petitioner's counsel one day after petition was filed. Read more... California Court of Appeal, 05/24/2011
International Assn. of Firefighters Local 230 v. City of San Jose, No. H035065
In a labor dispute involving the Firefighters Procedural Bill of Rights Act (FFBOR), Gov. Code sections 3250-3262, and arising from the trial court's denial of plaintiff's petition to compel arbitration, judgment of the trial court is affirmed where petition is not moot, and the Public Employment Relations Board has exclusive initial jurisdiction because the petition alleges an unfair labor practice within the meaning of section 3509 of the Meyers-Milias- Brown Act due to the defendant's refusal to meet and confer regarding the implementation of the FFBOR. Read more... California Court of Appeal, 05/26/2011
Puerta v. Torres, No. G043745
In an injury and tort action arising from an automobile accident, judgment of the trial court is affirmed in part and reversed in part where: 1) court improperly awarded defendant costs, under Code of Civil Procedure sections 998 and 1033.5, since defendant's offer failed to comply with the statute, which requires the offer to include a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted; but 2) plaintiff's evidentiary and procedural challenges are without merit. Read more... California Court of Appeal, 05/26/2011
Simke, Chodos, Silberfeld and Anteau, Inc. v. Athans, No. B222175
In a dispute arising from an action for breach of a contingency fee agreement, judgment of the trial court awarding attorney fees after entry of a default judgment for discovery violations is affirmed because a complaint does not have to specify, by dollar amount, the attorney fees that will be incurred and sought in a case ultimately resolved by a default judgment entered as a discovery sanction. Read more... California Court of Appeal, 05/26/2011
DiCampli-Mintz v. Santa Clara County, No. H034160
In a dispute arising from an action for medical negligence, summary judgment in favor of defendant on the basis of a delivery of a notice of claim defect is reversed, because the delivery of a pre-suit government claim to a department of the target entity charged with defending or managing claims against that entity may constitute substantial compliance with the claims requirement, so long as the purposes of the act are satisfied and no prejudice is suffered by the defendant. Read more...
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