(Aviation accident lawyer) Spanair S.A. v. McDonnell Douglas Corp.
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(Cal. App., Aerospace & Defense, Civil Procedure, Injury And Tort Law, Product Liability) In a products liability action involving an aircraft, trial court’s dismissal order is reversed where the court erred in dismissing the matter for failure to bring it to trial within three years of commencement of the action, as the court’s jurisdiction was suspended for all but seven months of the period between the filing of the complaint and entry of the dismissal order.
Consulting Eng’rs. Corp. v. Geometric Ltd.
(U.S. 4th Cir., Civil Procedure, Contracts) In a breach of contract action based on the wrongful hiring of Plaintiff’s employee, the dismissal of the complaint for lack of personal jurisdiction is affirmed, where electronic communications from India to Virginia did not make personal jurisdiction proper in Virginia, and the hiring occurred in India.
US ex rel Roop v. Hypoguard USA, Inc.
(U.S. 8th Cir., Civil Procedure, Injury And Tort Law) In an action involving the False Claims Act, district court’s denial of leave to amend and motion to alter or amend the judgment is affirmed where: 1) district court’s properly denied plaintiff’s motion after he conceded his initial complaint failed to satisfy Rule 9(b)’s particularity requirement; and 2) plaintiff’s subsequent amended pleading did not explain how it cured the Rule 9(b) deficiencies in the initial complaint.
Paulsen v. CNF Inc.
(U.S. 9th Cir., Civil Procedure, ERISA, Injury And Tort Law) In an ERISA action for unpaid retirement benefits, the dismissal of the complaint is affirmed in part, where Plaintiff-Employees’ claims did not fall within ERISA’s civil enforcement provisions, but reversed in part, where Defendant-Auditor may have owed a duty of care to Plaintiff-Employees as third-party beneficiaries.
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March 24, 2009 4:50 pm
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