Florida Lawyer News Services | Robbins Equitas

(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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(St petersburg lawyer) Byrum v. Landreth

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(U.S. 5th Cir., Administrative Law, Civil Procedure, Commercial Law, Constitutional Law, Government Law) In a First Amendment challenge to a law restricting the use of certain advertising language by unlicensed interior designers, the denial of a preliminary injunction is reversed, where it was the government’s burden to prove the constitutionality of the commercial speech at issue and the District Court held that the government failed to meet that burden.

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(Florida attorney) A Suggestion for Congestion

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Readers of the blog may be interested to read Michael E. Levine’s recently published analysis of alleviating airport congestion through slot auctions, Airport Congestion: When Theory Meets Reality, 8 Yale J. on Reg. 37 (2009). In the article, Levine critiques…

European Commission Investigates Star, oneworld
The European Commission announced yesterday that it has opened formal proceedings against members of the Star and oneworld airline alliances. According to its public statement, “the Commission is assessing whether the members’ joint activities” related to “managing schedules, capacity, pricing,…

Levine Link and Recommendation
Several weeks ago, the blog mentioned a new article by Professor Michael E. Levine, Airport Congestion: When Theory Meets Reality, 26 Yale J. on Reg. 37 (2009). Those interested in reading the article can access it through SSRN here. Readers…

Oberstar on Virgin America
Rep. James Oberstar has finally weighed-in on the matter of Virgin America’s citizenship. In a letter to U.S. Transportation Secretary Ray LaHood, Oberstar questioned the airline’s citizenship status and called for a public inquiry into the matter. As discussed previously…

Ambassador Bruton’s Remarks at the GMF
A copy of EU Ambassador John Bruton’s remarks at last Friday’s event sponsored by the International Aviation Law Institute and the German Marshall Fund are available online at the European Commission’s Delegation to the U.S. website here. In addition to…

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