FindLaw Opinion Summaries - Civil Procedure

Sell v. US Dep't. of Justice

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure, Health Law, Injury And Tort Law) In an action alleging that plaintiff was the victim of medical malpractice that occurred while he was in federal custody awaiting trial, dismissal of the action on statute of limitations grounds is affirmed where: 1) plaintiff's mental illness did not prevent him from discovering the alleged injury; and 2) the continuous treatment doctrine did not toll the statute.

Friends of Tims Ford v. Tennessee Valley Auth.

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Civil Procedure, Construction, Environmental Law) In plaintiff's suit against the defendant for violations of the National Environmental Policy Act of 1969 (NEPA) in land development near a reservoir and the environmental impact of increased boating on, and community use of, reservoir water, dismissal of the case without prejudice is affirmed as plaintiff failed to demonstrate standing to bring its claim alleging ongoing harm to its members' aesthetic and recreational enjoyment of the reservoir.

In re: Cohen

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Civil Procedure, Securities Law) In mandamus proceedings seeking to overturn the district court's appointment of a law firm as lead counsel in a securities fraud action, the petition is granted in part where the Private Securities Litigation Reform Act made clear that it was the lead plaintiff who selected lead counsel, not the district court. However, the petition is denied in part where the district court was still entitled to approve or disapprove the lead plaintiff's choice of counsel.

In re: Bender

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Bankruptcy Law, Civil Procedure) In a bankruptcy adversary action seeking avoidance of the transfer of a parcel of real property from the debtor to defendant, defendant's appeal from the Bankruptcy Appellate Panel's (BAP) affirmance of the bankruptcy court's ruling that the doctrine of equitable tolling applied to the trustee's filing of the proceeding is dismissed where the BAP's order was nonfinal.

Perlan Therapeutics, Inc. v. Sup. Ct.

Thu, 5 Nov 2009 20:00:02 PDT

(Cal. App., Civil Procedure, Consumer Products, Drugs & Biotech, Intellectual Property, Trade Secrets) In plaintiff's case against the defendant for misappropriation of its trade secrets of an anti-viral protein based therapeutic used as a daily nasal spray for the prevention and treatment of the common cold, plaintiff's petition for a writ of mandate to compel the trial court to accept plaintiff's trade secret identification statement as sufficient and to allow it to commence discovery is denied where: 1) the trial court applied the correct legal standard to plaintiff's trade secret identification statement; and 2) there was a basis in the record to support the court's conclusion that the statement was not reasonably particular under the circumstances presented.

Miller v. Nichols

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Administrative Law, Civil Procedure, Civil Rights, Family Law, Government Law, Health Law) In plaintiffs' constitutional challenge to the state's removal of their child after termination proceedings and motion for injunctive relief to prevent a foster family's adoption of the child, district court's dismissal of the case is affirmed where: 1) the district court correctly determined that it lacked subject matter jurisdiction to review plaintiffs' motion for injunctive relief to prevent the child's adoption pursuant to the Rooker-Feldman doctrine; and 2) the factual issues underlying plaintiffs' claims were addressed by the state court and are barred by issue preclusion.

Crawford v. Astrue

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Administrative Law, Attorney's Fees, Civil Procedure, Government Benefits, Health Law) In consolidated appeals from fee awards to attorneys who successfully represented Social Security Disability Insurance claimants in federal court under contingent-fee contracts, the awards are vacated where the district court failed to follow the mandate of Gisbrecht v. Barnhart, 535 U.S. 789 (2002), in determining the fee awards.

Petersen v. Reisch

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure, Health Law) In a 42 U.S.C. section 1983 action by a prisoner alleging inadequate medical treatment, defendants' appeal from a denial of summary judgment based on qualified immunity is dismissed where the district court's order did not in fact resolve the qualified immunity issue and was purely administrative in nature, and therefore was not appealable.

Memphis Biofuels, LLC. v. Chicksaw Nation Indus., Inc.

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Civil Procedure, Commercial Law, Contracts, Dispute Resolution & Arbitration, Indian Law, Oil & Gas Law) In plaintiff's case against the defendants for repudiating an agreement whereby defendant was to deliver diesel fuel and soybean oil to plaintiff's refinery facility, dismissal of the suit for lack of subject matter jurisdiction is affirmed as the defendant, a federally chartered tribal corporation, enjoys tribal-sovereign immunity.

Liberty Mut. ins. Co. v. Hurlbut

Wed, 4 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Civil Procedure, Government Law, Labor & Employment Law, Workers' Compensation) In a constitutional challenge to two amendments to the New York Workers' Compensation Law, the district court's judgment abstaining from the case is affirmed where Burford abstention was appropriate because federal court intervention would be disruptive of a carefully established state system, and might also yield inconsistent and therefore conflicting results.

Simandle v. Vista de Santa Barbara

Wed, 4 Nov 2009 20:00:02 PDT

(Cal. App., Civil Procedure, Government Law, Property Law & Real Estate) Trial court's judgment in favor of defendant-Mobilehome Park that it could remove a mobilehome owned by plaintiffs' deceased parents at plaintiffs' expense is affirmed as the plaintiffs forfeited their statutory right under the Mobilehome Residency Law to sell their parents' mobilehouse at the Park.

Applied Med. Dist. Corp. v. Surgical Co. BV

Tue, 3 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Civil Procedure, Commercial Law, Contracts, International Law, International Trade, Remedies) In an appeal from the district court's denial of an injunction barring defendant from pursuing an action against plaintiff in Belgium, the order is reversed where: 1) the district court applied the wrong legal standard by requiring that the claims in the domestic and foreign action be identical, instead of engaging in the required functional inquiry concerning dispositiveness; and 2) the district court relied on the clearly erroneous factual determination that defendant's Belgian claims, other than goodwill indemnities, were available apart from termination.

McCullough v. AEGON USA, Inc.

Tue, 3 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Civil Procedure, ERISA, Labor & Employment Law) In an ERISA action alleging that various employee benefit plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions, summary judgment for defendants is affirmed where 29 U.S.C. section 1132(a)(2) did not permit the plaintiffs to bring suit because the plan's surplus was sufficiently large that the investment loss did not cause actual injury to plaintiffs' interests in the plan.

Credit Suisse First Boston Mortgage Capital v. Danning Gill Diamond & Kollitz

Tue, 3 Nov 2009 20:00:02 PDT

(Cal. App., Civil Procedure, Debt Collection, Judgment Enforcement) Trial court's ruling in favor of Credit Suisse concluding that a lien that arises upon service of an order to appear at a judgment debtor examination applies to funds acquired by the plaintiff-law firm from the judgment debtor after the lien came into existence is reversed and remanded as the exception provided under Cal. Code Civ. Pro. section 697.740 is limited to letter of credit transactions, and the record does not unequivocally show that there was no letter of credit transaction in this case.

Vivendi SA v. T-Mobile USA Inc.

Mon, 2 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Civil Procedure, Communications Law, M&A) In an action alleging RICO violations in connection with defendants' acquisition of a Polish telecommunications company, the dismissal of the action on forum non conveniens grounds is affirmed where the relevant evidence and witnesses were located in Poland and plaintiff was engaging in forum-shopping.