Florida Lawyer News Services | Robbins Equitas

(Clearwater attorney) Tanoh v. Dow Chem. Co.

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(U.S. 9th Cir., Civil Procedure, Class Actions, Injury And Tort Law) In an appeal from an order remanding several hundred personal injury actions to state court, the order is affirmed, where neither the parties nor the District Court proposed jointly trying the claims of all the plaintiffs, and the Class Action Fairness Act does not allow the treatment of claims joined on a defendant’s motion as “mass actions.”

Central Iowa Power Coop. v. Midwest Indep. Transmission Sys. Operator, Inc.

(U.S. 8th Cir., Civil Procedure, Public Utilities) In a dispute involving compensation for use of power transmission facilities, district court’s judgment is reversed where the court erred by denying plaintiff’s motion to remand as the the resolution of plaintiff’s state court claims does not necessarily depend on the resolution of substantial questions of federal law sufficient to establish federal jurisdiction.

Adkins v. General Motors Acceptance Corp.

(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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(Attorney tampa florida) Coors Brewing Co. v. M?ndez-Torres

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(U.S. 1st Cir., Civil Procedure, Commercial Law, Constitutional Law, Food & Beverages) In an action challenging a beer tax exemption as unconstitutional under the Commerce Clause, district court’s grant of defendant’s motion to dismiss is reversed and remanded where: 1) the court erred in finding that the decision of the jurisdictional issue in the earlier Calder243n action precluded consideration of that issue in the current suit; 2) plaintiff’s action is not barred by the Butler Act limiting federal jurisdiction in Puerto Rico or by principles of comity; 3) the PR Supreme Court’s decision in Brewers does not provide a basis for granting defendant’s motion to dismiss; and 4) defendant failed to meet the burden of showing sufficient privity between plaintiff and plaintiff’s PR beer distributor, and thus the the prior final judgment involving the distributor does not preclude the present action.

Tanoh v. Dow Chem. Co.

(U.S. 9th Cir., Civil Procedure, Class Actions, Injury And Tort Law) In an appeal from an order remanding several hundred personal injury actions to state court, the order is affirmed, where neither the parties nor the District Court proposed jointly trying the claims of all the plaintiffs, and the Class Action Fairness Act does not allow the treatment of claims joined on a defendant’s motion as “mass actions.”

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(Tampa lawyer) Central Iowa Power Coop. v. Midwest Indep. Transmission Sys. Operator, Inc.

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(U.S. 8th Cir., Civil Procedure, Public Utilities) In a dispute involving compensation for use of power transmission facilities, district court’s judgment is reversed where the court erred by denying plaintiff’s motion to remand as the the resolution of plaintiff’s state court claims does not necessarily depend on the resolution of substantial questions of federal law sufficient to establish federal jurisdiction.

Bowling Green
&
Warren Cty. Airport v. Martin Land Dev. Co.

(U.S. 6th Cir., Civil Procedure, Property Law & Real Estate, Transportation) In a declaratory judgment action seeking recognition of a leasehold interest in certain areas of an airport, summary judgment for Defendants is affirmed, where 49 U.S.C. section 40103 does not imply a private right of action.

Hettinga v. US

(U.S. D.C. Cir., Agriculture, Civil Procedure, Constitutional Law) In an action challenging the constitutionality of certain contribution requirements for milk handlers, the dismissal of the complaint for failure to exhaust administrative remedies is reversed, where the Agricultural Marketing Agreement Act’s exhaustion requirement does not apply to challenges to the act itself.

US v. Navajo Nation

(U.S.S.C., Civil Procedure, Government Law, Indian Law, Oil & Gas Law) In an action by an Indian tribe against the U.S. resulting from the Secretary of the Interior’s failure to promptly approve a coal royalty rate, summary judgment for Defendant is affirmed, where Plaintiff’s claim for compensation fails because none of the sources of law cited by the Court of Appeals and relied upon by Plaintiff provides any more sound a basis for its lawsuit than those previously discussed by the Court.

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