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(U.S. 11th Cir., Civil Procedure, Constitutional Law) In a Due Process challenge to changes in a county’s retirement system, summary judgment for Defendant is affirmed, where res judicata barred Plaintiffs’ claims because Plaintiffs shared an identical interest with plaintiffs in previously-filed state court actions asserting the same claims.
King v. Cessna Aircraft Co.
(U.S. 11th Cir., Civil Procedure, Injury And Tort Law, International Law, Transportation) In a tort action based on an airline accident, the dismissal of the complaint based on forum non conveniens is affirmed, where Italy was an adequate forum to litigate the dispute, many of the Plaintiffs were from Europe, and Italian law applied to the case.
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.
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.
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(U.S. 2d Cir., Civil Procedure) Motion for reconsideration and vacatur of an order by the Staff Counsel of the U.S. Court of Appeals for the Second Circuit designating additional parties on appeal is denied where it is within the Staff Counsel’s authority and discretion to designate as named appellees the attorneys who are the subject of the order from which the appeal is taken.
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(N.Y., Civil Procedure, Professional Malpractice) In Plaintiff’s appeal from judgment for Defendant in a medical malpractice trial in which the jury’s verdict was apparently contradictory, the trial court’s order denying Plaintiff’s request to poll the jury is reversed, where the denial of a request to poll the jury cannot be harmless error.
Green v. Jefferson Cty. Comm.
(U.S. 11th Cir., Civil Procedure, Constitutional Law) In a Due Process challenge to changes in a county’s retirement system, summary judgment for Defendant is affirmed, where res judicata barred Plaintiffs’ claims because Plaintiffs shared an identical interest with plaintiffs in previously-filed state court actions asserting the same claims.
Cornucopia Inst. v. USDA
(U.S. 7th Cir., Administrative Law, Agriculture, Attorney’s Fees, Civil Procedure, Food & Beverages) In a FOIA action, district court’s dismissal of plaintiff’s claims is affirmed where: 1) the court properly dismissed plaintiff’s case for being moot as the the government produced all the documents plaintiff requested under FOIA; and 2) it was within the court’s discretion to deny plaintiff’s request for attorneys’ fees and costs after the court ruled that plaintiff was not a prevailing party since it had not obtained any form of judicial relief.
Muller v. Fresno Cmty. Hospital and Med. Ctr.
(Cal. App., Civil Procedure, Evidence, Health Law, Injury And Tort Law, Professional Malpractice) In a medical negligence action, trial court’s order granting a new trial and denying plaintiff’s motion for sanctions is affirmed where there is no authority in the statutes for the imposition of monetary sanctions for disclosing for the first time during the trial a theory that was not disclosed by an expert witness in their declaration.
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April 2, 2009 8:57 pm | 
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