Florida Lawyer News Services | Robbins Equitas

(Lawyer in tampa) Westar Energy, Inc. v. Lake

More info…
(U.S. 10th Cir., Attorney’s Fees, Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Criminal Law & Procedure, Remedies, White Collar Crime) An interlocutory order, requiring plaintiff-company to advance past and future legal fees incurred by defendant for his criminal defense, is affirmed in part and reversed in part where: 1) although the order was not labeled a preliminary injunction, it meets the elements of a preliminary injunction and thus there was appellate jurisdiction over the matter; 2) the retrospective relief ordering the payment of past attorneys’ fees could not be upheld as a preliminary injunction as the remedy is not necessary to prevent irreparable harm; 3) the prospective relief ordering future advances, on the other hand, satisfied Rule 65 and the equitable standards necessary to justify a preliminary injunction; but 4) the district court erred in effectively assigning plaintiff the burden of disproving the reasonableness of defendant’s advancement requests.

Van de Kamp v. Goldstein

(U.S.S.C., Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure) In the context of 42 U.S.C. section 1983 civil rights suits, a prosecutor’s absolute immunity extends to claims that the prosecution failed to disclose impeachment material due to failure to: 1) properly train prosecutors; 2) properly supervise prosecutors; or 3) establish an information system containing potential impeachment material about informants.

Advantedge Bus. v. Thomas E. Mestmaker
&
Assocs., Inc.

(U.S. 10th Cir., Civil Procedure, ERISA, Insurance Law, Labor & Employment Law) In litigation concerned a health-insurance plan plaintiff, a professional employer organization providing payroll and health insurance services, purchased to cover its clients and employees, dismissal of the case without prejudice for lack of prosecution is affirmed where: 1) there was no abuse of discretion in the decision to dismiss without prejudice; 2) the circuit court adopts a prudential rule allowing the appellate court to review an interlocutory order preceding a dismissal for failure to prosecute in rare cases when it makes sense to do so; and 3) this was not one of the rare cases.

Awuah v. Coverall North America, Inc.

(U.S. 1st Cir., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law) In a dispute over whether a dispute over the validity of an arbitration agreement should be decided by a court or by an arbitrator, a district court ruling refusing to order the matter to arbitration is affirmed where, although the circuit court took a narrower view of the district court’s initial role when deciding such a question, plaintiffs were entitled to a ruling by the district court as to whether the arbitration remedy in this case was illusory.

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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