Case Summaries
[06/25]
Kemp v. Holder
In an action for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act arising from the termination of plaintiff's employment as a federal court security officer, summary judgment for defendant is affirmed where plaintiff failed to show a genuine issue of material fact regarding whether he had a "disability," as that term is defined under the ADA.
[06/25]
Malone v. Lockheed Martin Corp.
In plaintiff's suit for employment discrimination based on race and retaliation, district court's grant of defendants' motion for judgment as a matter of law is affirmed where, for substantially the same reasons as the court indicated below, the record reveals no significant evidentiary basis for the verdict.
[06/25]
Ruiz v. Cty. of Rockland
In an action against a county for national origin and race discrimination under Title VII and the Equal Protection Clause, summary judgment for defendant is affirmed where: 1) the district court erred in finding that plaintiff was not qualified for his position based on evidence of plaintiff's misconduct; but 2) plaintiff failed to raise an inference of discrimination.
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[06/24]
Olmstead v. Fed. Trade Comm'n
An order to partially satisfy a judgment against defendant in the FTC's suit for unfair or deceptive trade practices is affirmed as Florida law permits a court to order a judgment debtor to surrender all right, title, and interest in the debtor's single-member limited liability company to satisfy an outstanding judgment.
[06/21]
Kleffman v. Vonage Holdings Corp.
In plaintiff's class action suit under section 17529.5(a)(2), which makes it unlawful to advertise in a commercial e-mail advertisement (i.e. spam) that "contains or is accompanied by falsified, misrepresented, or forged header information," dismissal of the complaint for failure to state a claim is affirmed as sending commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters is not unlawful under section 17529.5(a)(2).
[06/21]
Real Estate Bar Ass'n for Massachusetts, Inc. v. Nat'l Real Estate Info. Serv.
In the Real Estate Bar Association's suit against defendant for unauthorized practice of law, judgment of the district court is vacated in part, reversed in part and remanded where: 1) district court's judgment against plaintiff on its unauthorized practice of law claim is vacated as in Massachusetts, the state judicial branch and the Supreme Judicial Court of Massachusetts (SJC) in particular, is solely responsible for defining what is the practice of law, and here, there is no controlling precedent which addresses whether the activities at issue constitute unauthorized practice of law; and 2) district court's judgment on defendant's dormant Commerce Clause counterclaim is reversed as plaintiff is not a state actor, defendant has not stated a dormant Commerce Clause claim against plaintiff, and plaintiff's bringing of its suit against defendant under Mass. Gen. Laws ch. 221, section 46B is protected by the First Amendment.
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[06/24]
Simonia v. Glendale Nissan/Infiniti Disability Plan
In plaintiff's appeal from the district court's denial of his motion for attorney's fees under the Employee Retirement Income Security Act of 1974 (ERISA), the order is affirmed where: 1) district courts must consider the Hummell factors after they have determined that a litigant has achieved "some degree of success on the merits,"; but 2) even assuming plaintiff achieved some degree of success on the merits, the Ninth Circuit agreed with the district court's conclusion that fees are nonetheless inappropriate after applying the Hummell factors.
[06/24]
Edwards v. A.H. Cornell & Son, Inc.
In plaintiff's suit against her employers and supervisors, claiming that she was terminated in violation of section 510 of ERISA and state common law after complaining to management about alleged ERISA violations, district court's grant of defendants' motion to dismiss is affirmed as unsolicited internal complaints are not protected activities under the anti-retaliation provision of section 510 of ERISA.
[06/24]
Durakovic v. Bldg. Serv. 32 BJ Pension Fund
In an ERISA challenge to a union disability-benefits denial, dismissal of the complaint is reversed where: 1) a fund organized pursuant to 29 U.S.C. section 186(c)(5) is conflicted within the meaning of Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (2008); 2) the district court should have accorded the conflict in this case more weight; and 3) no rational trier of fact could have failed to conclude that the benefits denial was arbitrary and capricious.
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[06/28]
Christian Legal Soc'y v. Martinez
In an action against Hastings College of Law, a public law school, alleging that Hastings' refusal to grant a Christian group "Registered Student Organization" status violated its First and Fourteenth Amendment rights to free speech, expressive association, and free exercise of religion, the Ninth Circuit's affirmance of summary judgment for defendant is affirmed where: 1) the Court considered only whether a public institution's conditioning access to a student organization forum on compliance with an all-comers policy violated the Constitution; and 2) the all-comers policy was a reasonable, viewpoint-neutral condition on access to the RSO forum.
[06/24]
Kaur v. N.Y. State Urb. Dev. Corp.
In a petition for review of the Empire State Development Corporation's (ESDC) taking of plaintiffs' property by eminent domain for the purposes of constructing a new Columbia University campus, a denial of the petition is affirmed where the condemnation of petitioners' property qualified as a "land use improvement project" was rationally based and entitled to deference.
[06/23]
Jones v. Nat'l. Am. Univ.
In an action alleging that a university failed to promote plaintiff in violation of the Age Discrimination in Employment Act (ADEA), judgment for plaintiff is affirmed where: 1) the district court did not abuse its discretion by concluding that certain witnesses' testimony was sufficient authentication to admit an exhibit; 2) plaintiff presented sufficient evidence for the jury to conclude that defendant's proffered reason for the failure to promote was a pretext for age discrimination; and 3) the district court properly instructed the jury on plaintiff's burden under her ADEA claim, including her burden to prove that defendant's proffered legitimate, nondiscriminatory reason for the failure to promote was pretext for age discrimination.
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[06/21]
Monsanto Co. v. Geertson Seed Farms
In an action challenging the Animal and Plant Health Inspection Service's (APHIS) decision to approve the unconditional deregulation of Roundup Ready Alfalfa (RRA), a variety of alfalfa genetically engineered to tolerate the herbicide Roundup, the Ninth Circuit's affirmance of judgment for plaintiffs is reversed where: 1) plaintiffs had standing to seek injunctive relief, and defendants had standing to seek the Court's review of the Ninth Circuit's judgment affirming the entry of such relief; and 2) the district court abused its discretion in enjoining APHIS from effecting a partial deregulation and in prohibiting the planting of RRA pending the agency's completion of its detailed environmental review.
[06/18]
Tomlinson v. County of Alameda
Trial court's denial of plaintiffs' petition for a writ of administrative mandate, challenging a decision of a county to approve a subdivision development is reversed as the project was not exempt from CEQA review as the county used the wrong legal standard in applying the exemption and substantial evidence does not show the proposed subdivision satisfied the exemption's criteria.
[06/17]
Curd v. Mosaic Fertilizer, LLC
In a suit brought by fishermen against a defendant for negligently spilling pollutants and hazardous contaminants into a pond, the judgment of the Second District is quashed as commercial fishermen have both a statutory and common law cause of action for economic losses proximately caused by the negligent release of pollutants despite the fact that the fishermen do not own any property damages by the pollution.
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[06/25]
Crescent Towing & Salvage Co. v. Chios Beauty MV
In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted "direct hit" on New Orleans by the hurricane, its factual findings based on this finding, and the ultimate finding of negligence to the extent that it relied upon this finding. However, the matter is remanded where the district court needed to enter an order setting the total amount of recovery plaintiffs could recover in rem.
[06/25]
Bagby Elevator Co. v. Schindler Elevator Corp.
In an action for tortious interference with contract, judgment for plaintiff is affirmed where: 1) under the court's highly deferential standard of review, there was no reversible error in the district court's decision to use the pattern jury instruction; 2) there was sufficient evidence of both malice and gross negligence to support an award of exemplary damages; and 3) there was ample evidence of causation to support the verdict.
[06/25]
Lal v. State of Cal.
In an action against the California Highway Patrol and certain officers for the shooting death of plaintiff's husband, dismissal of the action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute when her attorney failed to meet deadlines and attend hearings is reversed where an attorney's gross negligence constituted an extraordinary circumstance warranting relief from a judgment dismissing the case for failure to prosecute under Rule 41(b).
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[06/25]
Lincoln Nat'l Life Ins., Co. v. Bezich
A petition for permission to appeal, arising from the district court's remand of plaintiff's class action lawsuit against an insurer for breach of contract claims on the basis that CAFA's exception to federal jurisdiction for the action applied, is dismissed for lack of jurisdiction as plaintiff's claim "related to the rights, duties,...and obligations relating to or created by or pursuant to...a security," as defined in the Securities Act of 1933.
[06/24]
Durakovic v. Bldg. Serv. 32 BJ Pension Fund
In an ERISA challenge to a union disability-benefits denial, dismissal of the complaint is reversed where: 1) a fund organized pursuant to 29 U.S.C. section 186(c)(5) is conflicted within the meaning of Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (2008); 2) the district court should have accorded the conflict in this case more weight; and 3) no rational trier of fact could have failed to conclude that the benefits denial was arbitrary and capricious.
[06/23]
Insurance Co. of N. Am. v. Pub. Serv. Mut. Ins. Co.
In an appeal from the district court's order granting respondent's Fed. R. Civ. P. 60(b)(2) motion based on newly discovered evidence that an arbitrator who had resigned was, in fact, able to rejoin the arbitration panel prior to the district court's decision on whether to convene a new panel or order a replacement arbitrator, the order is affirmed where: 1) the rule articulated in Marine Products Export Corp. v. M.T. Globe Galaxy, 977 F.2d 66 (2d Cir. 1992) ? that, absent "special circumstances," if a vacancy arises on an arbitral panel due to the death of an arbitrator prior to the rendering of an award, a new panel should be convened ? does not apply to a vacancy occasioned by a resignation; and 2) in the instant case, the district court's decision either to reappoint the arbitrator who had resigned, or, in the alternative, to direct petitioner to appoint a replacement was proper pursuant to 9 U.S.C. section 5.
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[06/21]
Med. Assurance Co., Inc. v. Hellman
District court's order issuing a stay of federal proceedings in an insurer's request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical malpractice claims, is reversed and remanded as it was an abuse of discretion to stay this action.
[06/17]
Price v. Wolford
In the Oklahoma Health Care Authority (OHCA)'s appeal from the district court's order allotting part of a malpractice settlement to OHCA in full satisfaction of the lien, the order is reversed where the district court correctly construed Oklahoma law but erred in finding that the settling parties had proved by clear and convincing evidence that only $67,666.67 of the settlement could be attributed to medical care paid by Medicaid.
[06/17]
Martinez v. Cui
In plaintiff's suit against a first-year medical resident claiming that she was sexually assaulted during an examination, judgment in favor of the defendant is affirmed where: 1) the district court's evidentiary rulings were not error; and 2) the jury was correctly instructed on the shocks-the-conscious element as this standard applies to claims that an executive official's sexual assault violated the substantive due process clause.
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[06/21]
Med. Assurance Co., Inc. v. Hellman
District court's order issuing a stay of federal proceedings in an insurer's request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical malpractice claims, is reversed and remanded as it was an abuse of discretion to stay this action.
[06/17]
Price v. Wolford
In the Oklahoma Health Care Authority (OHCA)'s appeal from the district court's order allotting part of a malpractice settlement to OHCA in full satisfaction of the lien, the order is reversed where the district court correctly construed Oklahoma law but erred in finding that the settling parties had proved by clear and convincing evidence that only $67,666.67 of the settlement could be attributed to medical care paid by Medicaid.
[06/17]
Martinez v. Cui
In plaintiff's suit against a first-year medical resident claiming that she was sexually assaulted during an examination, judgment in favor of the defendant is affirmed where: 1) the district court's evidentiary rulings were not error; and 2) the jury was correctly instructed on the shocks-the-conscious element as this standard applies to claims that an executive official's sexual assault violated the substantive due process clause.
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[06/25]
Rathborne Land Co. v. Ascent Engy., Inc.
In an action for breach of defendant's obligations to reasonably develop and explore a leased parcel of oil, gas, and mineral land, judgment for plaintiff is affirmed in part where: 1) plaintiff's letter to defendant met the La. Rev. Stat. Ann. section 31:136 demand requirement; and 2) district court did not clearly err in concluding that plaintiff would have been able to lease the disputed acreage more than once if it had been able to seismically survey the parcel prior to 2006. However, the judgment is vacated in part where neither the district court nor plaintiff could show an adequate ground -- indeed, any relevant precedent -- for awarding consequential damages for lost leasing and seismic revenues on the entire parcel.
[06/25]
Crescent Towing & Salvage Co. v. Chios Beauty MV
In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted "direct hit" on New Orleans by the hurricane, its factual findings based on this finding, and the ultimate finding of negligence to the extent that it relied upon this finding. However, the matter is remanded where the district court needed to enter an order setting the total amount of recovery plaintiffs could recover in rem.
[06/25]
Pickett v. Sheridan Health Care Ctr.
In plaintiff's Title VII suit against her former employer for being fired in retaliation for her complaints about sexual harassment by residents of defendant's nursing home, district court's denial of defendant's motions for a new trial and remittitur are affirmed where: 1) plaintiff presented enough evidence to persuade a reasonable jury that her complaints caused defendant to fire her; 2) it was not an abuse of discretion to deny the motion for a new trial on the basis of plaintiff's counsel's closing arguments; 3) it was not an abuse of discretion in denying remittitur on the compensatory damages as enough evidence supported a jury award of $25,000, which is well within the $200,000 cap set out in 42 U.S.C. section 1981a(b)(3)(C); and 4) it was not an abuse of discretion in denying remittitur on the punitive damage award and the logic of Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008) does not apply to this Title VII case.
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[06/25]
Deutscher Tennis Bund GMBH v. ATP Tour, Inc.
In plaintiffs' suit against the ATP Tour, an organizer of worldwide men's professional tennis circuit, claiming that the ATP Tour's reorganization to revitalize its popularity violated sections 1 and 2 of the Sherman Act and constituted a breach of the directors' fiduciary duties, judgment of the district court is affirmed where: 1) the jury verdict on the Sherman Act section 1 claim is affirmed as the plaintiffs failed to prove the relevant market; and 2) district court's judgment as a matter of law dismissing the breach of duty of loyalty claim against a director is affirmed as neither he individually, nor the ATP Board of Directors as a whole, were materially self-interested when they voted in favor of the reorganization plan.
[06/11]
US v. Bonds
In the government's appeal from various adverse evidentiary rulings in the Barry Bonds perjury prosecution, the orders are affirmed where: 1) the district court finding properly focused on the record of untrustworthiness of trainer Greg Anderson in excluding his testimony; 2) the court correctly ruled that the government failed to show that certain statements by Anderson were authorized by Bonds, in excluding those statements; 3) there was sufficient basis in the record to support the district court's conclusion that Anderson acted as an independent contractor rather than an employee; and 4) the district court did not abuse its discretion in refusing to admit certain log sheets as evidence that the samples listed were Bonds'.
[05/24]
American Needle, Inc. v. Nat'l Football League
In an antitrust action challenging the NFL's grant to Reebok of an exclusive license to create apparel incorporating the NFL's intellectual property, the Seventh Circuit's affirmance of summary judgment for defendants is reversed where the alleged conduct related to licensing of intellectual property constituted concerted action that was not categorically beyond the coverage of Section 1 of the Sherman Act.
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