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Civil Procedure United States Supreme Court, 05/31/2011
Ashcroft v. al-Kidd, No. 10-98
In a dispute arising from a Bivens action against petitioner for allegedly abusing the federal material-witness statute, 18 U. S. C. section 3144, judgment of the appeals court affirming denial of immunity is reversed because an objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. Read more... United States First Circuit, 06/02/2011
Mlodzinski v. Cormier, No. 10-1966, 10-1967
In a Section 1983 dispute alleging that defendants-police officers used excessive force against plaintiffs while executing search and arrest warrants, judgment of the district court denying defendants' motions for summary judgment and defense of qualified immunity is affirmed in part and reversed in part where there are material issues of disputed facts but officers, in light of Mena, are entitled to qualified immunity. Read more... United States Second Circuit, 05/31/2011
Hart v. Family Dental Group, PC, No. 10-1008
In a dispute involving the scope of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. section 4301 et seq., judgment as a matter of law in favor of the defendant by the district court is affirmed where there was no reasonable basis to find a section 4312(a) violation because plaintiff was rehired with the same title, salary, and other conditions of employment after his return from military service. Read more...
United States Second Circuit, 05/31/2011
Watson v. Holder, No. 09-0657
In a petition for review of an order of the BIA affirming a determination that the petitioner was not legitimated pursuant to 8 U.S.C. section 1431(a), petition is granted and remanded with requests for: 1) clarification on precisely how the BIA interprets the concept of legitimation as it is used in section 1101(c)(1); and 2) justification for how the BIA arrived at that particular interpretation. Read more... United States Second Circuit, 06/01/2011
L-7 Designs, Inc. v. Old Navy, LLC, No. 10-573
In a multi-count, breach of contract dispute arising from a creative services agreement between well-known designer Todd Oldham and retailer Old Navy, summary judgment of the district court in favor of the defendant is affirmed in part and reversed in part where court erred in dismissing two of the plaintiff's counts outright, because plaintiff plausibly alleged three bases for breach of contract for failure to negotiate in good faith and wrongful termination. Read more... United States Second Circuit, 06/03/2011
US v. The Painting Known as Le Marché, No. 10-300
In a dispute arising from a forfeiture action by the government, U.S.C. Section 1595a, concerning a Camille Pissarro monotype, judgment of the district court by denying real party 18 U.S.C. Section 983 protections and attorney fees is affirmed because: 1) Section 1595a actions are not governed by Section 983, and therefore real party was not entitled to raise the innocent-owner defense provided by Section 983(d) or to take advantage of the heightened proof requirement of Section 983(c); and 2) real party was not a prevailing party within the meaning of 28 U.S.C. Section 2465(b)(1). Read more... United States Ninth Circuit, 06/01/2011
Ixcot v. Holder, No. 09-71597
In a petition for review of an order of the BIA involving the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. section 1231(a)(5), and the the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA), petition is granted in part and denied in part where application of the IIRIRA is impermissibly retroactive when applied to petitioner, and because the court lacks jurisdiction to review agency determinations of eligibility for special rule cancellation of removal under section 203 of the NACARA. Read more... United States Ninth Circuit, 06/01/2011
McCollum v. CDCR, No. 09-16404
In a quasi-constitutional challenge to defendant's paid chaplaincy program by a group of Wiccan inmates involving a claim of remuneration by a volunteer chaplain, judgment of the district court dismissing action is affirmed where: 1) lead plaintiff lacked standing; and 2) the court need not exercise jurisdiction over derivative claims. Read more... United States Ninth Circuit, 06/01/2011
Keyser v. Commissioner Social Security Admin., No. 10-35371
In a dispute arising from an application for disability insurance benefits and supplemental security income benefits, Titles II and XVI of the Social Security Act, judgment of the district court affirming denial of claim is reversed where administrative judge erred by failing to follow the procedures proscribed in 20 C.F.R. section 404.1520a. Read more... United States Ninth Circuit, 06/01/2011
Pakootas v. Teck Cominco Metals, Ltd., No. 08-35951
In a dispute involving a citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), judgment of the district court denying defendant's motion to dismiss for lack of subject matter jurisdiction is affirmed because the action is not an extraterritorial application of CERCLA where, even though offending smelter was in located in Canada, slag discharged by smelter moved downstream into the United States. Read more... United States Ninth Circuit, 06/02/2011
Jackson v. Tate, No. 10-35355
In an action involving a claim by the plaintiff that National Guard recruiters forged his signature on re-enlistment papers, judgment of the district court dismissing complaint for lack of subject matter jurisdiction is reversed because the Feres doctrine does not bar a discharged serviceman, who remains in the Individual Ready Reserve, from suing active duty National Guard recruiters and where the recruiters meet the prima facie test as federal employees under the Westfall Act. Read more... United States Ninth Circuit, 06/03/2011
Brantley v. NBC Universal, Inc., No. 09-56785
In a class-action for damages and an injunction to compel programmers and distributors of television programming to sell cable channels separately, judgment of the district court dismissing action is affirmed where plaintiffs failed to allege any cognizable injury to competition. Read more... United States Federal Circuit, 06/02/2011
Advanced Software Design, Corp. v. Fiserv, Inc., No. 2009-1585
In a patent infringement dispute involving check-security products, summary judgment of noninfringement by district court is affirmed in part and reversed in part where court erroneously construed claim but properly denied plaintiff's motion to amend its complaint. Read more... California Court of Appeal, 05/31/2011
Spicer v. City of Camarillo, No. B228357
In an action for declaratory and injunctive relief involving the scope of defendant-city's parking ordinance, Municipal Code section 11.12.010, which limits parking times on city streets, and Vehicle Code section 22511.5(a)(1)(B), judgment of the trial court in favor of the defendant is affirmed where: 1) a disabled person displaying the appropriate placard may enjoy unrestricted street parking only where a posted sign limits parking; and 2) a decision by a county court commissioner, stating that the defendant's interpretation of section 22511.5 is irrational and a violation of equal protection of the law, is not res judicata. Read more... California Court of Appeal, 05/31/2011
Investors Equity Life Holding Company v. Schmidt, No. G042806
In a dispute arising from several repurchase and hedging transactions, judgment of the trial court is affirmed where court properly stayed action on the ground of forum non conveniens because Hawaii is a suitable alternative forum and the relevant public and private interests weighed heavily in favor of having action litigated in that state. Read more... California Court of Appeal, 06/01/2011
Cal. Restaurant Management Systems v. City of San Diego, No. D056695
In a dispute arising from a governmental claim action, Gov. Code section 810 et seq., seeking a refund for excessive charges on defendant's wastewater system management, judgment of the trial court dismissing action as untimely is affirmed because the quitable tolling principles enumerated in American Pipe does not apply to extend the period within which a claim must be filed under the Government Claims Act. Read more... California Court of Appeal, 06/01/2011
Hamilton v. Greenwich Investors XXVI, LLC, No. B224896
In an action for breach of contract and fraud arising from defendant's foreclosure on a mortgage loan, judgment of the trial court dismissing complaint is affirmed where plaintiff's failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the defendant bars the plaintiff from litigating the claim. Read more... California Court of Appeal, 05/31/2011
Sierra Club v. Superior Court, No. G044138
In a petition for a writ of mandate challenging an order denying petitioner public access to a government database associated with a geographic information system pursuant to the California Public Records Act (the Act), Gov. Code section 6250 et seq., petition is denied where section 6254.9 of the Act excludes such a disclosure. Read more... California Court of Appeal, 06/01/2011
Ferguson v. Avelo Mortgage, LLC, No. B223447
In an action to quiet title arising from a foreclosure sale, judgment of the trial court dismissing action is affirmed where plaintiff must plead tender of the full amount due on an original purchase loan before seeking to vacate the foreclosure sale. Read more... California Court of Appeal, 06/02/2011
Collins v. Sutter Memorial Hospital, No. C063783
In an action for medical malpractice, judgment of the trial court granting plaintiff a new trial after vacating a defense summary judgment is affirmed, where order was timely under Code of Civil Procedure section 660 and based on proper grounds. Read more... California Court of Appeal, 06/02/2011
Hall-Villareal v. City of Fresno, No. F060144
In a petition for a writ of mandate ordering the respondent to conduct a hearing on the merits of a termination decision, judgment of the trial court granting petition is affirmed where: 1) the application for retirement benefits did not divest the Civil Service Board of jurisdiction to hear petitioner's appeal; and 2) due process requires that a good-cause exception for late-filed appeals be read into the administrative procedure, as a fundamental vested right to continued employment is at stake. Read more... California Court of Appeal, 06/02/2011
United Parcel Service v. Superior Court, No. B227190
In a petition for a writ of mandate challenging the trial court's specific rulings arising from Labor Code section 226.7, petition is denied because trial court properly held that section 226.7 permits up to two premium payments per work day. Read more... California Court of Appeal, 06/02/2011
Adams v. Superior Court (Centinella Freeman Regional Med. Ctr.), No. B229437
In a petition for a writ of mandate seeking to vacate a trial court order abating plaintiff's wrongful death and survival causes of action because plaintiff, decedent's representative, did not join all known heirs, Code of Civil Procedure sections 377.60 and 382, petition is granted where trial court erred in abating wrongful death cause of action and survival causes of action. Read more... Court of Appeals of New York, 06/02/2011
Groninger v. Village of Mamaroneck, No. 85
In a personal injury action against defendant-municipality after plaintiff slipped and fell on ice in a parking lot owned by defendant, summary judgment in favor of defendant is affirmed where defendant neither received prior written notice of the defect nor created the icy condition. Read more... Court of Appeals of New York, 06/02/2011
Marraccini v. Ryan, No. 115
In a dispute arising from a home improvement agreement, judgment of the trial court denying defendant's motion for summary judgment is affirmed where a licensed home improvement contractor who enters into a contract using a name other than the one on his license is not barred from enforcing the contract unless the other party is deceived or otherwise prejudiced by the misnomer. Read more...
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