Florida Lawyer News Services | Robbins Equitas

(Aviation accident attorney) Fries v. Rite Aid Corp.

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(Cal. App., Civil Procedure, Judgment Enforcement, Remedies) In an action involving the award of costs, trial court order and judgment awarding costs is affirmed where there is no legal requirement that a defendant who seeks costs pursuant to California Rules of Court rule 3.1700 after a plaintiff’s voluntary dismissal also file a proposed judgment in addition to its memorandum of costs.

Nken v. Holder

(U.S.S.C., Civil Procedure, Immigration Law) The Court of Appeals’ denial of Petitioner’s motion to stay his removal pending judicial review of a BIA ruling is reversed, where traditional stay factors, not the demanding 8 U.S.C. section 1252(f)(2) standard, govern a Court of Appeals’ authority to stay an alien’s removal pending judicial review.

Silverbrand v. County of LA

(Cal., Civil Procedure, Constitutional Law, Criminal Law & Procedure) In an action involving prisoner rights, court of appeal’s dismissal of plaintiff’s appeal as untimely is reversed and remanded where: 1) the prison-delivery rule properly applies to notices of appeal filed by incarcerated self-represented litigants in civil cases, as nothing in the plain language of the California Rules of Court prohibits it and there is no evidence of any intention on the part of the Judicial Council to restrict the prison-delivery rule to criminal appeals; and 2) a notice of appeal by a self-represented prisoner in a civil case is deemed filed as of the date the prisoner properly submits the notice to prison authorities for forwarding to the superior court.

Berrios v. New York City Hous. Auth.

(U.S. 2d Cir., Civil Procedure, Property Law & Real Estate) District court’s dismissal of plaintiff’s complaint for failure to state a claim is vacated and remanded where the court dismissed the claims asserted on behalf of an incompetent party without determining whether defendant was a proper guardian ad litem and without the incompetent party having the benefit of counsel. Defendant’s motion for in forma pauperis status for the purpose of vacating the judgment is granted, and the case remanded for the district court to either allow the continuation of the action with the incompetent party represented by a suitable guardian ad litem and counsel or to dismiss the action without prejudice.

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(Tampa personal injury attorney) Felix v. Am. Honda Motor Co., Inc.

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(U.S. Fed. Cir., Intellectual Property, Patent, Transportation) In a patent infringement action involving a storage system in a vehicle bed, district court’s grant of summary judgment for defendant is affirmed where there was no literal infringement of plaintiff’s patent as the court’s construction of the disputed terms in the patent was correct and thus defendant’s product did not satisfy the limitation of the patent.

World Fin. Group, Inc. v. HBW Ins.
&
Fin. Serv., Inc.

(Cal. App., Civil Procedure, Commercial Law, Constitutional Law, Contracts, Government Law, Labor & Employment Law, Trade Secrets) In an action involving trade secrets and confidential information, trial court’s denial of defendant’s Anti-SLAPP motion to strike the complaint filed against them by plaintiff is affirmed where defendants failed to meet their burden of proof to show plaintiff’s complaint was based on defendant’s protected activity arising out of acts done in furtherance of their free speech rights.

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(Aviation lawyer) Bonner v. Perry

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(U.S. 6th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure) In a 42 U.S.C. section 1983 action based on alleged sexual harassment by a prison official, the dismissal of the complaint on statute of limitations grounds is affirmed, where a prior Sixth Circuit decision held that the Kentucky statute of limitations for Section 1983 purposes was one year.

Berrios v. New York City Hous. Auth.

(U.S. 2d Cir., Civil Procedure, Property Law & Real Estate) District court’s dismissal of plaintiff’s complaint for failure to state a claim is vacated and remanded where the court dismissed the claims asserted on behalf of an incompetent party without determining whether defendant was a proper guardian ad litem and without the incompetent party having the benefit of counsel. Defendant’s motion for in forma pauperis status for the purpose of vacating the judgment is granted, and the case remanded for the district court to either allow the continuation of the action with the incompetent party represented by a suitable guardian ad litem and counsel or to dismiss the action without prejudice.

Cardinal v. Metrish

(U.S. 6th Cir., Civil Procedure, Civil Rights, Government Law) In a 42 U.S.C. section 1983 action by a prisoner for failure to provide him with kosher food, summary judgment for Defendant is affirmed, where: 1) the District Court did not abuse its discretion by denying Plaintiff discovery because the discovery sought was not relevant; and 2) Defendant was entitled to sovereign immunity on Plaintiff’s Religious Land Use and Institutionalized Persons Act claim.

US v. Park Place Assocs., Ltd.

(U.S. 9th Cir., Civil Procedure, Dispute Resolution & Arbitration, Government Law) In an action seeking to confirm an arbitration award against the United States, the confirmation of the award is vacated, where the U.S. had not waived its sovereign immunity with respect to claims brought against it in the District Court, and thus the District Court lacked jurisdiction to confirm the award.

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(Tampa dui attorney) Teselle v. McLoughlin

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(Cal. App., Civil Procedure, Probate, Trusts & Estates) In a dispute involving a trust, summary judgment for defendants is reversed where: 1) the late filing by plaintiff of an opposition statement did not violate the policies of Code Civ. Pro. section 437c (b)(2) or (b)(3) and thus was not sufficient grounds for granting summary judgment; 2) defendants did not address the amendment to one trust in their motion for summary judgment, which was a material allegation; 3) defendant’s motion for summary adjudication of the elder abuse cause of action was insufficient as he did not provide the necessary facts to support the motion; 4) trial court improperly granted summary adjudication with respect to the cause of action for a constructive trust as defendants did not establish all the necessary elements; and 5) defendants should not have obtained summary adjudication on the accounting cause of action on the basis of plaintiff’s insufficient discovery answers.

Beavers v. Metro. Life Ins. Co.

(U.S. 5th Cir., Civil Procedure, Contracts, Insurance Law) In an action alleging breach of life insurance investment contracts, the dismissal of the complaint is affirmed where the District Court correctly held that Plaintiffs’ claims were barred by the Texas statute of limitations, because Plaintiffs’ alleged injury was not inherently undiscoverable.

SunCoke En’gy Inc. v. MAN Ferrostaal A.G.

(U.S. 6th Cir., Civil Procedure, Contracts, Trade Secrets) In an action seeking the return of trade secret information, the dismissal of the complaint for lack of personal jurisdiction is reversed, where Defendant’s dealings with Plaintiff in Tennessee and jurisdiction over a highly integrated group of transactions should be adjudicated as a whole and not piecemeal.

Tur v. YouTube, Inc.

(U.S. 9th Cir., Civil Procedure, Cyberspace Law, Per Curiam) In a copyright infringement action that Plaintiff voluntarily dismissed, Defendant’s appeal from the denial of summary judgment is dismissed, where the appeal was moot because the fact that the resolution of the order might have preclusive effect in another action did not create subject matter jurisdiction.

Buckingham v. Gannon

(U.S. 9th Cir., Civil Procedure, Class Actions) In an appeal from the District Court’s order disapproving a settlement of an ERISA class action, the appeal is dismissed, where the order disapproving the settlement did not have “serious, perhaps irreparable, consequences,” and thus was not appealable.

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