Florida Lawyer News Services | Robbins Equitas

(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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