Case Summaries
Administrative Law
Bankruptcy Law
Civil Procedure
Civil Rights
Commercial Law
Consumer Protection
Contracts
Corporation & Enterprise Law
Dispute Resolution & Arbitration
Family Law
Health Law
Labor & Employment Law
Probate Trusts
Trade Dress
Trade Secrets
Uniform Commercial Code
Workers' Comp
Administrative Law
[09/03]
Luna v. Holder
Petitions for review of final orders of removal are transferred to the district court for further proceedings where: 1) although the petitions are untimely, the REAL ID Act did not divest district courts of habeas jurisdiction to consider petitioners' claims that they were prevented by circumstances beyond their control from filing timely petitions for review; and 2) thus, the circuit court need not decide whether the statutory 30-day filing requirement violates the Suspension Clause of the U.S. Constitution in cases in which an alien misses the deadline because of ineffective assistance of counsel or circumstances created by the government.
[09/02]
Bale Chevrolet Co. v. US
In a petition for review of intentional disregard penalties issued against petitioner for failing to file required Forms 8300 information returns with the IRS, the petition is denied where the government's positions were substantially justified.
[09/02]
Galindo-Romero v. Holder
In a petition for review of an order of the Board of Immigration Appeals (BIA) dismissing petitioner's appeal of an Immigration Judge's (IJ) decision terminating his formal removal proceedings, the petition is dismissed where the court lacked jurisdiction to decide the merits of petitioner's petition for review because the decisions of the BIA and IJ resulted in no final order of removal.
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Bankruptcy Law
[09/03]
Official Comm. of Unsecured Creditors v. Anderson Senior Living Prop., LLC.
In an appeal from the Bankruptcy Appellate Panel's (BAP) grant of debtors' motion to dismiss as moot pursuant to 11 U.S.C. section 363(m), plaintiffs' appeal of the bankruptcy court's authorization of the sale of debtors' interests in seven co-owned properties as well as the undivided interests of the tenants in common (TIC), is affirmed as the BAP properly determined that section 363(m) moots the appeal because, even though the bankruptcy court approved the sale of the TIC property interests pursuant to section 363(h), the debtors ultimately sold the properties pursuant to section 363(b) and that sale was never stayed.
[09/02]
US v. Ritchie Special Cred. Invs., Ltd.
In intervenor's application to intervene in an adversary proceeding initiated by the government pursuant to 18 U.S.C. section 1345 against the alleged author of a Ponzi scheme, the denial of the application is affirmed where: 1) the
litigation progressed substantially between the initiation of these proceedings and intervenor's second motion to intervene; and 2) intervenor had knowledge of all the facts surrounding the district court's injunction, and failed to take issue with it when first presented with an opportunity to do so.
[09/02]
Ritchie Special Cred. Invs., Ltd. v. US Trustee
In a creditor's objection to the appointment of a bankruptcy trustee, arguing that the trustee did not qualify as a “disinterested person” as required by 11
U.S.C. section 1104(d), the denial of the objection is affirmed where: 1) the
bankruptcy court did not abuse its discretion in concluding that the trustee's role and interests as a receiver did not predispose him towards forfeiture or amount to a disqualifying material adverse interest; and 2) there was no abuse of discretion in the bankruptcy court’s determination that creditor failed to show that it would be prejudiced by the trustee's appointment as trustee in the jointly administered estates.
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Civil Procedure
[09/03]
Official Comm. of Unsecured Creditors v. Anderson Senior Living Prop., LLC.
In an appeal from the Bankruptcy Appellate Panel's (BAP) grant of debtors' motion to dismiss as moot pursuant to 11 U.S.C. section 363(m), plaintiffs' appeal of the bankruptcy court's authorization of the sale of debtors' interests in seven co-owned properties as well as the undivided interests of the tenants in common (TIC), is affirmed as the BAP properly determined that section 363(m) moots the appeal because, even though the bankruptcy court approved the sale of the TIC property interests pursuant to section 363(h), the debtors ultimately sold the properties pursuant to section 363(b) and that sale was never stayed.
[09/03]
Wilson v. O'Brien
In plaintiff's 42 U.S.C. section 1983 suit against the City of Chicago and persons associated with his prosecution for attempted murder, brought after a state court set aside the conviction, plaintiff's and a witness's interlocutory appeal is dismissed for lack of jurisdiction as the collateral-order doctrine does not support an interlocutory appeal by a party to the litigation who contends that the district judge erred in resolving a dispute about an evidentiary privilege. Here, the privilege belonged to the plaintiff, not the witness, who was a law student at the time he interviewed plaintiff for the acts of which he had been convicted, and Mohawk Industries holds that the district court's resolution of the question of whether defendants may use the witness's deposition that they now possess is to be reviewed on appeal from the final decision.
[09/03]
Goodman v. Nat'l Sec. Agency, Inc.
In plaintiff's suit against her former employer under Title VII and the Equal Pay Act, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff has offered insufficient evidence to establish the key elements of her retaliation and discrimination claims; and 2) district court did not abuse its discretion in denying plaintiff's Rule 59(e) motion to alter or amend the judgment.
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Civil Rights
[09/03]
Equal Employment Opportunity Comm'n v. Prospect Airport Servs., Inc.
In a sexual harassment case in which a male employee was the victim of a female co-worker, summary judgment for defendant is reversed where there were genuine issues of material fact as to whether: 1) plaintiff was subjected to "verbal or physical conduct of a sexual nature"; 2) such conduct was unwelcome; 3) the pervasiveness and the inadequate response by the employer established a jury question of whether a co-worker's overtures led to an abusive environment; 4) defendant's actions were not enough to establish an affirmative defense.
[09/03]
Wilson v. O'Brien
In plaintiff's 42 U.S.C. section 1983 suit against the City of Chicago and persons associated with his prosecution for attempted murder, brought after a state court set aside the conviction, plaintiff's and a witness's interlocutory appeal is dismissed for lack of jurisdiction as the collateral-order doctrine does not support an interlocutory appeal by a party to the litigation who contends that the district judge erred in resolving a dispute about an evidentiary privilege. Here, the privilege belonged to the plaintiff, not the witness, who was a law student at the time he interviewed plaintiff for the acts of which he had been convicted, and Mohawk Industries holds that the district court's resolution of the question of whether defendants may use the witness's deposition that they now possess is to be reviewed on appeal from the final decision.
[09/03]
Chapin v. Fort-Rohr Motors, Inc.
In plaintiff's suit against his former employer claiming discrimination because of his race and retaliation under Title VII, jury's verdict for plaintiff on a retaliation claim is reversed and remanded as the employer was entitled to judgment as a matter of law because plaintiff did not produce sufficient evidence to find an actual or constructive discharge.
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Commercial Law
[09/03]
Flying J, Inc. v. Hollen
In plaintiff's facial challenge to Wisconsin's gasoline pricing regulations, district court's grant of plaintiff's motion for summary judgment is reversed and remanded and a permanent injunction against enforcing provisions of the regulations is dissolved as the lack of evidence in the record supporting plaintiff's allegations of collusive conduct by gasoline dealers is fatal to its claim that the motor vehicle fuel provisions of the Unfair Sales Act are preempted by the Sherman Act as it cannot be found on the face of the statute any compelled or authorized conduct that constitutes a violation of federal antitrust law.
[09/03]
Superior Seafoods, Inc. v. Tyson Foods, Inc.
District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case.
[09/03]
Songer v. Dillon Resources, Inc.
In an action brought by truck drivers who operate commercial trucks against defendants for unpaid overtime under the Fair Labor Standards Act (FLSA), summary judgment for defendants and dismissal of plaintiffs' claims with prejudice is affirmed where the Motor Carrier Act exemption applies to bar plaintiffs' claims as: 1) the MCA applies to defendant-staff leasing agency because is a joint employer with the two companies, both of whom are subject to the exemption, and 2) plaintiffs engaged in activities that directly affect operational safety of motor vehicles in transport of property in interstate commerce.
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Consumer Protection
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Contracts
[09/03]
F.B.T. Prods., LLC v. Aftermath Records
In a dispute concerning the percentage of royalties due to plaintiffs under their contracts with defendant in connection with the recordings of the rapper Eminem, judgment in favor of defendant is reversed and an attorney's fees award in its favor is vacated where: 1) a "Masters Licensed" provision unambiguously applies to permanent downloads and mastertones; and 2) thus, the district court should have granted summary judgment to plaintiffs.
[09/03]
SmallBizPros, Inc. v. MacDonald
In an appeal arising from the entry of a contempt order against defendant enforcing a settlement agreement with plaintiff, the contempt order is vacated and remanded where, although the parties and the district court likely intended for the district court to retain ancillary jurisdiction to enforce the terms of the settlement agreement, a stipulation effectively dismissed the case when it was filed, and thus, the district court lacked jurisdiction to enforce the terms of the settlement agreement.
[09/02]
Travelers Prop. Cas. Ins. Co. of Am. v. Nat'l. Union Ins. Co.
In an action by one insurer against another seeking $10 million in subrogation proceeds, summary judgment for defendants is affirmed in part where plaintiff waived certain rights by refusing repeated invitations to participate in subrogation discussions. However, the judgment is reversed in part where, as the excess insurer, plaintiff was entitled to a priority interest in the subrogation proceeds representing insured losses.
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Corporation & Enterprise Law
[09/03]
Superior Seafoods, Inc. v. Tyson Foods, Inc.
District court's denial of plaintiff's Rule 60(d)(3) motion to vacate an underlying consent judgment involving a series of trademark-related actions stemming from plaintiff's sale of a seafood-products business to defendant is affirmed as, given the facts, and given the equitable requirement that the party seeking relief be free from negligence and fault, the district court clearly did not abuse its discretion in finding equitable relief inappropriate in this case.
[08/30]
Metavante Corp. v. Emigrant Savings Bank
In plaintiff's suit for breach of contract against defendant-bank for nonpayment of fees under the parties' Technology Outsourcing Agreement, judgment of the district court is affirmed where: 1) an expert's testimony was both relevant and reliable; 2) district court correctly determined that plaintiff did not breach the Agreement's performance warranty and its duty of good faith; 3) district court did not err in concluding that any reliance by defendant on the alleged misrepresentations of plaintiff was not reasonable; 3) district court committed no reversible error in determining that defendant's fraud claims were without merit; 4) district court determined correctly that defendant's success on the in-house issue does not render it a "prevailing party" within the meaning of the contract; and 5) the district court acted within the bounds of its discretion in determining that no additional guarantee of reasonableness was required.
[08/30]
Flood v. ClearOne Communications, Inc.
In defendant's appeal from a preliminary injunction requiring defendant-corporation to advance attorney fees and costs to its former CEO, who was then facing a criminal trial, the order is vacated where the district court misread the parties' contract as a matter of law, disregarding express conditions to advancement specified in their agreement.
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Dispute Resolution & Arbitration
[09/03]
Allied Maritime, Inc. v. Descatrade SA
An order vacating the process of maritime attachment and garnishment issued on April 15, 2009 attaching defendant's assets to secure a putative foreign arbitral award and dismissal of the complaint for lack of jurisdiction is affirmed where the district court properly concluded that it lacked jurisdiction over defendant’s bank account in Paris, France, the suspense account created by the bank in response to the attachment order, and any other intangible property arising from an electronic funds transfer.
[08/31]
Cent. States Southeast & Southwest Areas Pension Fund v. O'Neil Bros. Transfer & Storage Co.
In a multi-employer pension fund administrator's suit against an employer seeking interim payment of withdrawal liability under the Employee Retirement Income Security Act, district court's grant of summary judgment for administrator is affirmed as defendant's default is governed by the provisions of 29 U.S.C. section 1399(c)(5)(B), and under that section, as interpreted reasonably by the Pension Benefit Guaranty Corporation (PBGC), the entire amount of the withdrawal payment is immediately payable upon default and that obligation is not deferred because of the pendency of arbitration.
[08/31]
Cotchett, Pitre & McCarthy v. Universal Paragon Corp.
In defendant's suit against a law firm, claiming that an arbitrator's award of $7,554,149.13 in attorney fees and expenses for the law firm, related to its representation of defendant in an underlying complex environmental litigation, is unconscionable and violates public policy, superior court's affirmance of the award is affirmed as, assuming that defendant's claim of unconscionability is subject to judicial review as a predicate for determining whether the arbitration award violates public policy, the claim is rejected on the merits as neither the fee agreement nor the award actually issued by the arbitrator is unconscionable under rule 4-200 of the Rules of Professional Conduct.
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Family Law
[09/02]
In re Jose C.
Juvenile court's order terminating mother's parental rights and freeing the child for adoption is affirmed where: 1) trial court did not err in finding that the child was likely to be adopted; and 2) juvenile court did not err in failing to consider "presumed father" status for the grandfather.
[09/02]
In re H.S.
Juvenile court's orders adjudicating minors to be dependent children and removing them from parental custody are affirmed as the tern "new evidence" in section 388 means material evidence that, with due diligence, the party could not have presented at the dependency proceeding at which the order, sought to be modified or set aside, was entered, and here, the father's section 388 motion relied on a expert opinion that was based not on any new evidence, but on the same evidence available to the experts who testified at trial. Further, to allow the belated new opinion evidence to support a section 388 motion would be contrary to the public policy calling for promptness and finality of juvenile dependency proceedings in order to protect the best interests of the child.
[09/02]
In re A.L.
In dependency proceedings, trial court's dispositional order that minor child be returned to the custody of her mother and an order of family enhancement services is affirmed where: 1) because parental custody of the child was not disrupted by the dispositional order, and the child was not placed in foster care, there is no current need to "reunify" this family; and 2) father has made no showing that the "family enhancement" services ordered for him were not reasonable or did not constitute child welfare services or services provided by an appropriate agency.
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Health Law
[09/03]
Campbell v. Davol, Inc.
In plaintiff's product liability suit against defendants claiming that a hernia patch that was surgically placed in her abdomen following breast reconstructive surgery was defective, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) district court did not err in granting summary judgment in favor of the defendants with respect to the issue of successor liability; 2) district court did not err in granting summary judgment on the post-sale failure to warn claim as there was no contractual relationship to provide services to customers who purchased the hernia patch from the manufacturer; and 3) there is no err in finding plaintiff's claims against defendant were barred by Texas law.
[09/02]
Conservatorship of the Person & Estate of Carol K.
Trial court's judgment ordering a 62-year-old woman to be placed in a locked skilled nursing facility as the least restrictive placement, after the jury found the woman gravely disabled beyond a reasonable doubt, is affirmed where: 1) the issue is not moot because "collateral consequences remain even after the conservatorship has been terminated"; and 2) substantial evidence supports a finding that the woman is gravely disabled and cannot obtain food, clothing, or shelter.
[08/31]
Florida Dep't of State v. Mangat
Judgment of the circuit court, finding that the ballot summary for Amendment 9, for creating a new section related to health care services in article I of the Florida Constitution, does not meet the requirements of section 101.161 and therefore may not be included on the November 2010 ballot is affirmed as, the ballot language put forth by the party proposing the constitutional amendment contains misleading and ambiguous language and the only recourse is to strike the proposed amendment from the ballot.
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Labor & Employment Law
[09/03]
Equal Employment Opportunity Comm'n v. Prospect Airport Servs., Inc.
In a sexual harassment case in which a male employee was the victim of a female co-worker, summary judgment for defendant is reversed where there were genuine issues of material fact as to whether: 1) plaintiff was subjected to "verbal or physical conduct of a sexual nature"; 2) such conduct was unwelcome; 3) the pervasiveness and the inadequate response by the employer established a jury question of whether a co-worker's overtures led to an abusive environment; 4) defendant's actions were not enough to establish an affirmative defense.
[09/03]
Goodman v. Nat'l Sec. Agency, Inc.
In plaintiff's suit against her former employer under Title VII and the Equal Pay Act, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff has offered insufficient evidence to establish the key elements of her retaliation and discrimination claims; and 2) district court did not abuse its discretion in denying plaintiff's Rule 59(e) motion to alter or amend the judgment.
[09/03]
Brooks v. Union Pac. R.R. Co.
In plaintiff's suit against Union Pacific Railroad Company under the Federal Employer's Liability Act (FELA), to recover damages for back injuries that he allegedly suffered while working as a machinist at defendant's locomotive repair shop, district court's grant of summary judgment in favor of the defendant is affirmed where: 1) plaintiff has failed to establish causation, negligence or foreseeability; and 2) the district court properly excluded plaintiff's medical expert's causation opinion for failure to comply with Rule 26(a)(2).
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Probate Trusts
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Trade Dress
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Trade Secrets
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Uniform Commercial Code
[06/25]
BRASHER'S CASCADE AUTO AUCTION v. VALLEY AUTO SALES AND LEASING
The former version of the California Uniform Commercial Code requires a merchant buyer to adhere to reasonable commercial standards to obtain the status of a buyer in the ordinary course of business for purposes of section 9307.
[05/26]
PROPULSION TECHS. v. ATWOOD CORP.
An agreement to manufacture boat parts is unenforceable under the Statute of Frauds as a transaction in goods with no ascertainable quantity term, thus the claim for fraud in the inducement cannot survive.
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Workers' Comp
[08/31]
Hayes Lemmerz Int'l, Inc. v. ACE Am. Ins. Co.
In an employer's suit against its insurer for refusing to tender defense in an underlying suit under its workers' compensation and employer liability policy, judgment of the district court in favor of the insurer is affirmed as, because defendant was, by virtue of Indiana law, a joint employer, insurer was contractually obligated to reimburse the reasonable expense of defendant's getting itself dismissed from the tort suit. However, because the defendant is not claiming that insurer refused to pay that amount, but rather, it is complaining that the insurer breached its duty to defend by failing to advise defendant that it's law firm was not defending the suit properly, the insurer had no duty to provide its insured's lawyers with legal advice.
[08/27]
Transcon. Ins. Co. v. Crump
In plaintiff's suit against her deceased husband's insurer for workers' compensation death benefits, the judgment of the court of appeals is reversed and remanded where: 1) the treating physician's opinion was based on a reliable foundation and, therefore, legally sufficient evidence supports the jury's verdict; 2) the trial court's omission of the but-for component in the jury charge constitutes reversible error; and 3) an insurance carrier is entitled to have a jury determine the disputed amount of reasonable and necessary attorney's fees for which it is liable.
[08/19]
Milpitas Unified Sch. Dist. v. Workers' Comp. Appeals Bd.
In a School District employee's suit for workers' compensation claims, the decision of the Workers' Compensation Appeals Board is affirmed as, the language of section 4660 permits reliance on the entire American Medical Association's Guides to the Evaluation of Permanent Impairment, including the instructions on the use of clinical judgment, in deriving an impairment rating in a particular case.
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