Florida Lawyer News Services | Robbins Equitas

(Attorney in tampa) Stearn v. County San Bernardino

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(Cal. App., Civil Procedure, Government Law, Property Law & Real Estate) In plaintiff’s challenge to defendant-county for its approval of 14 conditional use permits sought by respondent-real party interest to erect billboards, judgment of dismissal in favor of defendant-county is reversed where: 1) the trial court erred in dismissing the fourth cause of action for administrative mandamus under Code of Civil Procedure section 1094.5; 2) the expedited judicial review provided by section 1094.8 was available only when the license applicant or the issuing public agency filed an action challenging the grant or denial of a license for expressive conduct, not when a third party did so; and 3) the court disagreed with respondent’s main alternate ground for dismissal that plaintiff must wait to challenge the Board’s rezoning actions and permitting of the billboards.

Thomas
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Wong Gen. Contractor v. The Lake Bank, N.A.

(U.S. 8th Cir., Banking Law, Civil Procedure) In a suit for failure to perform under a collateral transfer agreement, summary judgment for defendant is reversed and remanded where the suit is not barred by Minnesota’s credit-agreement statute of frauds since, although the collateral transfer agreement was an agreement to make a financial accommodation and therefore a credit agreement, plaintiff was not a debtor with respect to the agreement.

Abraham v. Woods Hole Oceanographic Inst.

(U.S. 1st Cir., Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law) In an employment discrimination action brought by former employee, a researcher on the biological aspect of zebrafish, who was terminated after he stated he did not believe in the theory of evolution, denial of plaintiff’s motion for leave to file an amended complaint, as well as a decision not to apply equitable tolling principles in granting defendant’s motion for judgment on the pleadings, are affirmed where: 1) the request to amend was futile; and 2) the doctrine of equitable tolling could not apply as plaintiff failed to exercise diligence in meeting any of the filing deadlines for his employment discrimination claim.

Telco Group, Inc. v. Ameritrade, Inc.

(U.S. 8th Cir., Civil Procedure, Class Actions, Per Curiam) Dismissal of a claim for failure to prosecute is affirmed where: 1) plaintiff did not challenge this dismissal on the merits; 2) because plaintiff’s claims have been dismissed with prejudice, reversing the denial of class certification would afford plaintiff no relief; and 3) as its claims have been dismissed, plaintiff is no longer a member of and therefore cannot represent the putative but uncertified class.

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