Florida Lawyer News Services | Robbins Equitas

(Tampa personal injury attorney) Advantedge Bus. v. Thomas E. Mestmaker & Assocs., Inc.

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(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.

Lebron v. Sanders

(U.S. 2d Cir., Civil Procedure, Criminal Law & Procedure, Habeas Corpus, Per Curiam) In a matter brought by habeas petitioner, motion for an extension of time to file motions to proceed in forma pauperis and for certificate of appealability with respect to writ of habeas corpus is granted where: 1) local district rules required respondent to provide petitioner with copies of unreported decisions or decisions reported exclusively on computerized databases that were cited in its opposition to the habeas petition; and 2) petitioner could not access, without cost, some of the federal case law that formed part of the substantive basis of the district court’s challenged opinion.

Cmty. Youth Athletic Ctr. v. City of Nat’l City

(Cal. App., Civil Procedure, Property Law & Real Estate) In a “reverse validation” action filed by plaintiff-non-profit center to challenge the validity of an ordinance that amended a 1995 redevelopment plan enacted by defendant-city, grant of motion for judgment on the pleadings in favor of defendant is reversed where: 1) the trial court used an incorrect legal standard and abused its discretion in failing to find there was good cause for relief from noncompliance with the publication requirements; and 2) the court should have allowed leave to republish the summons.

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