Florida Lawyer News Services | Robbins Equitas

(Florida lawyer) Kendall v. Employee Retirement Plan of Avon Prods.

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(U.S. 2d Cir., Civil Procedure, ERISA) In an ERISA class action, district court’s grant of plaintiff’s motion to dismiss is affirmed where plaintiff lacks the constitutional standing to assert that the plan administrator breached a fiduciary duty or that the plan violates ERISA, as she can cannot show any individualized harm from a direct injury or an injury-in-fact.

Plata v. Schwarzenegger

(U.S. 9th Cir., Civil Procedure, Government Law) In the State of California’s appeal from the District Court’s order directing the state to fund the projects of a receiver established to oversee prison medical care, the appeal is dismissed, where the order was not final, but was rather an interim step toward further proceedings.

Swift v. Superior Court of Santa Clara County

(Cal. App., Civil Procedure, Landlord Tenant Law) In a landlord tenant action, petition for a writ of mandamus directing Santa Clara County Superior Court to vacate an order striking a peremptory challenge seeking to disqualify the judge in the case is granted where the trial court judge erred in striking the challenge, as his only factual determinations in earlier hearings were made in connection with discovery motions and did not relate to the merits of the case. The limited exceptions to automatic disqualification under Code of Civ. Pro. section 170.6 thus do not apply, and the trial court is directed to enter a new order accepting the peremptory challenge.

Dillon v. Cobra Power Corp.

(U.S. 6th Cir., Civil Procedure, Injury And Tort Law, Manufacturing, Product Liability) In an action based on an allegedly defective boat, judgment for Plaintiff is reversed, where the District Court erred by reversing the summary judgment it granted to the boat’s engine manufacturer following a bench trial in which the manufacturer did not participate.

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