Case Summaries
[02/02]
Southerland v. City of New York
In a suit under 42 USC Section 1983 asserting that a New York City children's services caseworker entered the plaintiffs' home unlawfully and effected an unconstitutional removal of children into state custody, the district court's grant of summary judgment to the defendant caseworker is: 1) affirmed with respect to the dismissal of the father's substantive due process claim; but 2) vacated with respect to the father's and his children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims and the children's unlawful-seizure claim, where the district court wrongfully concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him.
[02/02]
Lore v. City of Syracuse
In a case alleging illegal retaliation against a city police officer under Title VII and the New York State Human Rights Law (HRL) because of her complaints of gender discrimination, the district court's judgment is: 1) affirmed in part where the city's arguments regarding the availability of reputation damages, evidentiary and instructional errors, and excessive damages for emotional distress presented no basis for disturbing the judgment; and 2) vacated in part where there was merit in plaintiff's contentions regarding the liability of the city's corporation counsel, and the district court erred in dismissing her principal gender discrimination claims under the HRL on the basis that she had suffered no materially adverse employment action.
[02/02]
Marcavage v. National Park Service
In an action by an abortion protester under 42 USC Section 1983 against the National Park Service, the United States Department of the Interior, and two Park Service rangers, alleging violations of the plaintiff's rights under the First Amendment, the Fourth Amendment, and the Equal Protection Clause based on his arrest, the district court's grant of a motion to dismiss for failure to state claim is affirmed, where: 1) the rangers were entitled to qualified immunity from the First and Fourth Amendment claims; 2) the plaintiff's "class of one" theory of an equal protection violation failed because he was not in all relevant respects like the others who shared the sidewalk on which he was arrested; and 3) the plaintiff's claims for declaratory and injunctive relief were properly dismissed as moot because of a change in Park Service regulations.
[02/02]
Fair Housing Council of San Fernando Valley v. Roommate.com, LLC
In a suit alleging that a roommate-matching service website’s questions requiring disclosure of sex, sexual orientation and familial status, and its sorting, steering and matching of users based on those characteristics, violate the federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA), the district court's grant of summary judgment to the plaintiffs, permanent injunction, and order awarding attorney's fees is: 1) vacated in part where plaintiffs had organizational standing; and 2) dismissed in part where the FHA and FEHA do not apply to the sharing of living units because precluding individuals from selecting roommates based on their sex, sexual orientation and familial status raises substantial constitutional concerns, and therefore the defendant's prompting, sorting and publishing of information to facilitate roommate selection is not forbidden by the FHA or FEHA.
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[02/01]
Muto v. CBS Corp.
In a putative class action complaint brought in New York by Pennsylvania residents against the plaintiffs' former employer and the employer's pension plan for benefits alleged to be due under ERISA, the district court's dismissal of the complaint as time-barred is affirmed, where: 1) the district court was correct in applying New York's borrowing statute directing it to look to Pennsylvania law for the applicable statute of limitations; and 2) plaintiffs' claims were untimely under Pennsylvania law.
[01/26]
The DIRECTV Group, Inc. v. US
In a case involving the calculation and payment of segment closing adjustments associated with a corporation's sale of certain business units that included the transfer of defined benefit pension plans, the decision of the United States Court of Federal Claims granting summary judgment in favor of the corporation is affirmed, where: 1) the Claims Court did not err by calculating segment closing adjustments based on the assets and liabilities of the entire segment, rather than only the assets and liabilities that the corporation retained; and 2) the Claims Court correctly determined that the corporation's segment closing obligations could be satisfied by the cost savings realized by the government in the successor contracts.
[01/23]
Leeson v. Transamerica Disability Income Plan
In an action under ERISA challenging the termination of the plaintiff's long-term disability benefits that was dismissed by the district court for lack of standing to pursue an ERISA claim and thus lack of federal subject matter jurisdiction, the dismissal is vacated and the case remanded, as the plaintiff's status as a participant for purposes of ERISA was a substantive element of his claim, not a prerequisite for subject matter jurisdiction.
[01/11]
Scibelli v. Prudential Insurance Company
In an appeal from an order of the district court dismissing, on summary judgment, plaintiff's ERISA claim, 29 U.S.C. section 1132, order is vacated where based on the relevant evidence, the Group Policy language, and the unexplained inconsistency in the Plan Administrator's award of benefits, the deceased beneficiary was "totally disabled" under the terms of subject Group Policy when he stopped working, and therefore, his estate is entitled to the proceeds of a group life insurance policy.
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[02/03]
Pacific Rivers Council v. US Forest Service
In a suit challenging Forest Service amendments to the Sierra Nevada Forest Plan as inconsistent with the National Environmental Protection Act (NEPA) and the Administrative Procedure Act, the district court's grant of summary judgment to the Forest Service is: 1) reversed in part, where the plaintiff had Article III standing, and the failure of the environmental impact statement (EIS) to provide any analysis of the environmental consequences on individual fish species was a failure to comply with the hard look requirement of NEPA; and 2) affirmed in part, insofar as the Forest Service did take a hard look at environmental consequences on amphibians in the EIS, in compliance with NEPA.
[01/26]
Chevron Corp. v. Naranjo
In a case in which a potential judgment-debtor sought a global anti-enforcement injunction against defendants from the Lago Agrio region of the Ecuadorian Amazon, prohibiting them from attempting to enforce an allegedly fraudulent judgment entered by an Ecuadorian court, the district court's grant of the injunction is reversed with orders to dismiss the claim, where the district court erred in construing New York’s Uniform Foreign Country Money-Judgments Recognition Act to grant the putative judgment-debtors a cause of action to challenge foreign judgments before enforcement of those judgments was sought.
[01/20]
Sierra Club v. EPA
On petition brought by several environmental groups for review of the Environmental Protection Agency’s approval of the 2004 State Implementation Plan (SIP) for the San Joaquin Valley’s nonattainment area for the one-hour ozone National Ambient Air Quality Standard, the petition is granted with remand where the agency’s action in approving the challenged SIP in 2010 based on data current only as of 2004 was arbitrary and capricious under the Administrative Procedures Act.
[01/20]
Center for Sierra Nevada Conservation v. County of El Dorado
In a case arising from the County of El Dorado's adoption of an oak woodland management plan and mitigation fee program without an environmental impact report (EIR), the district court's judgment in favor of the county is reversed, where: 1) the county could not rely on an earlier program EIR for its conclusion that the adoption of the plan and fee program would have no greater adverse environmental effect than that already anticipated in the program EIR, and its adoption of a negative declaration; and 2) the California Environmental Quality Act (CEQA) required a tiered EIR to be conducted prior to the county's adoption of the plan and fee program.
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[02/03]
Pennsylvania National Mutual Casualty Insurance Co. v. Roberts
In a suit brought by an insurer seeking a declaratory judgment that it was required to indemnify its insured for no more than 40 percent of a state court judgment because it had covered its insured for no more than 40 percent of the time in which the state court plaintiff was exposed to lead poisoning, the district court's judgment is: 1) affirmed in part, where it was correct in allocating the insurer's liability using the pro-rata time on-the-risk, and its decision to use the plaintiff's date of birth as the starting point for the period in which she was exposed to lead poisoning was sound; and 2) reversed in part, where the district court erred in holding the insurer liable for 24 months of coverage rather than 22, since under the insurance contract, coverage ended when the property was sold.
[02/02]
Lore v. City of Syracuse
In a case alleging illegal retaliation against a city police officer under Title VII and the New York State Human Rights Law (HRL) because of her complaints of gender discrimination, the district court's judgment is: 1) affirmed in part where the city's arguments regarding the availability of reputation damages, evidentiary and instructional errors, and excessive damages for emotional distress presented no basis for disturbing the judgment; and 2) vacated in part where there was merit in plaintiff's contentions regarding the liability of the city's corporation counsel, and the district court erred in dismissing her principal gender discrimination claims under the HRL on the basis that she had suffered no materially adverse employment action.
[02/01]
Maxton v. Western States Metals
In a suit alleging negligence and strict liability causes of action based on personal injuries as a result of working with metal products manufactured by the defendants and supplied to the plaintiff's employer, the district court's judgment in favor of the defendants on demurrers is affirmed, where: 1) the metal products involved were not inherently dangerous, and no other circumstances justified imposing liability on the defendants for the plaintiff's injuries under the component parts doctrine; 2) the plaintiff did not meet his burden of showing there was a reasonable possibility that the deficiencies in the complaint could be cured by amendment.
[01/30]
Sennett v. US
In a suit by a photojournalist seeking money damages against the federal government for FBI agents' alleged violations of the Privacy Protection Act (PPA) stemming from a search of her apartment, the district court’s order granting summary judgment to the United States is affirmed, where: 1) the facts as alleged showed that the officers had probable cause to believe that the plaintiff was involved in criminal activity; and 2) the search of her home related to the investigation of that activity, so that the "suspect exception" to the PPA applied.
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[02/03]
Pennsylvania National Mutual Casualty Insurance Co. v. Roberts
In a suit brought by an insurer seeking a declaratory judgment that it was required to indemnify its insured for no more than 40 percent of a state court judgment because it had covered its insured for no more than 40 percent of the time in which the state court plaintiff was exposed to lead poisoning, the district court's judgment is: 1) affirmed in part, where it was correct in allocating the insurer's liability using the pro-rata time on-the-risk, and its decision to use the plaintiff's date of birth as the starting point for the period in which she was exposed to lead poisoning was sound; and 2) reversed in part, where the district court erred in holding the insurer liable for 24 months of coverage rather than 22, since under the insurance contract, coverage ended when the property was sold.
[02/03]
Scandinavian Reinsurance Co. Ltd. v. Saint Paul Fire and Marine Insurance Co.
The district court's grant of a petition to vacate an arbitral award is reversed, and on remand the district court is instructed to grant a cross-petition to confirm the award, where there was insufficient evidence before the district court on which to base a finding of "evident partiality" within the meaning of the Federal Arbitration Act despite the failure of two arbitrators to disclose their concurrent service as arbitrators in another, arguably similar, arbitration.
[01/30]
M & F Fishing, Inc. v. Sea-Pac Insurance Managers, Inc.
In an action by owners and operators of commercial fishing companies alleging violations of the Unfair Competition Law predicated on violations of the Insurance Code, the judgment in favor of the plaintiffs is reversed and the matter is remanded, where: 1) the plaintiffs were not entitled to restitution for insurance lawfully placed from admitted carriers; 2) the plaintiffs were not entitled to restitution of premiums paid for nonadmitted coverage; 3) the plaintiffs were barred from recovering restitution of any broker fees based on a violation of Insurance Code section 1764.1 occurring more than four years before they filed suit; 4) the trial court should have granted one defendant's motion for nonsuit for lack of an agency relationship; 5) the trial court properly exercised its discretion when it denied the plaintiffs' motions to amend to add additional parties; and 6) the plaintiffs' entitlement to prejudgment interest was subject to the discretion of the trial court.
[01/27]
Hutcherson v. Arizona Health Care Cost Containment System Administration
In a declaratory judgment action seeking a declaration that Arizona's Medicaid agency had no right at all to recover from an annuity purchased by a husband so that his institutionalized wife could obtain Medicaid coverage or, alternatively, had no right to recover for any costs incurred for the wife's care after the husband's death, the district court's grant of the defendant's motion for summary judgment is affirmed, where: 1) the federal Medicaid Act allows states to reach a deceased community spouse's annuity for costs incurred on behalf of an institutionalized spouse; and 2) nothing in the language of the Act was inconsistent with permitting the state agency to recover from the annuity expenses incurred after the husband's death.
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[05/05]
In Re: Teligent, Incorporated
In a dispute arising from an action for legal malpractice, judgment of the district court denying motion to lift bankruptcy protective orders and cross-motion for injunctive relief barring defendant from attacking the validity of a settlement agreement on the grounds of waiver is affirmed where: 1) defendant-law firm failed to make the requisite showing to lift orders; and 2) it was not a party in interest with standing such that its failure to contest the validity of settlement agreement constituted waiver.
[04/19]
Callahan v. Gibson, Dunn and Crutcher
In a dispute alleging professional malpractice arising from the drafting of a deficient partnership agreement by the defendant, summary judgment on the ground that action was time-barred is reversed because placement of actual injury upon the execution of the defective agreement was erroneous where CCP section 340.6 (a)(1), tolled the limitations period until plaintiff could establish a cause of action for legal malpractice.
[04/13]
Knopick v. Connelly
In a dispute arising from a legal malpractice claim and the timeliness of underlying tort action, summary judgment in favor of defendant on the ground that action was time-barred is reversed where district court failed to apply the discovery rule to underlying claim, and there was a genuine issue of fact prohibiting summary dismissal.
[03/04]
Augusta v. Keehn and Associates
In a civil action alleging legal malpractice, order denying petition by plaintiff to compel arbitration of action is affirmed, as it is supported by substantial evidence.
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[12/08]
Creekmore v. Maryview Hospital
Medical malpractice judgment is affirmed where the plaintiff's expert witness is found to be qualified to testify as to the standard of care under state law because he performs the same procedure in the same context at issue.
[11/15]
Khodayari v. Mashburn
In an appeal from a judgment of the district court dismissing appellant's tort complaint against his former counsel in postconviction proceedings, judgment is affirmed where the complaints sounds in legal malpractice such that appellant's failure to show actual innocence of the concerned probation violations and to obtain post-violation exoneration of those violations support the trial court's dismissal.
[10/20]
Simon v. Usher
In an appeal from a judgment of the appellate division reversing the trial court's grant of defendant's motion to change venue in a medical malpractice action, judgment is reversed where the five-day extension under CPLR 2103(b)(2) applies to the 15-day time period prescribed by CPLR 511(b) when a defendant serves its demand for change of venue by mail.
[10/18]
Smith v. Cimmet
In an appeal from a judgment of the trial court dismissing a legal malpractice action brought by a successive estate representative on the ground that the representative lacked standing because he was never a client of the defendant-attorneys, judgment is reversed where: 1) an Oregon representative lacks capacity to sue in California because his authority does not extend beyond Oregon but may seek relief through an ancillary appointment by the California courts; and 2) under both California and Oregon statutory law, plaintiff has standing to sue attorneys who were retained by his predecessor to act on the estate's behalf.
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[01/26]
Munoz v. Sociedad Espanola de Auxilio Mutuo y Beneficiencia de Puerto Rico
In a retaliation case under the Age Discrimination in Employment Act of 1967 (ADEA) and Puerto Rico's general tort statute known as Article 1802, in which the jury found for the plaintiff, the district court's denial of the defendant's motion for judgment as a matter of law and motion for a new trial is affirmed, where: 1) the evidence presented at trial was enough to support the jury's finding of retaliation; 2) the appellants waived defenses based on the statute of limitations, the exclusive remedies bar, and a purportedly erroneous jury instruction; 3) the evidence was sufficient for a reasonable jury to find the requisite fault or negligence to sustain an Article 1802 claim; and 4) the awards of damages and attorney fees were proper.
[01/19]
System Fuels, Inc. v. US
In a case in which the United States Court of Federal Claims determined that the United States breached a contract for the removal of spent nuclear fuel, the damages award is affirmed in part and reversed in part, where: 1) the trial court properly denied the cost of borrowed funds to construct the plaintiffs' dry fuel storage facility, as interest and interest costs incurred on money borrowed as a result of the government's breach or delay in payment are not recoverable; 2) the trial court erred in granting an offset of damages for certain overhead costs; and 3) the trial court did not err in its causation analysis and determination of the amount of nominal damages.
[01/13]
Abdel-Aleem v. OPK Biotech LLC
In an appeal dismissing the plaintiff's diversity action, judgment is affirmed where the plaintiff failed to meet the amount in controversy requirement because his complaint lacked facts supporting his claimed amount in controversy with sufficient particularity.
[01/13]
Transport Ins. Co. v. TIG Ins. Co.
In an appeal from a judgment of the trial court in favor of defendant-reinsurers for their alleged failure to pay their proportionate shares of an insurance settlement, judgment is affirmed where plaintiff's appellate challenge fails on the doctrine of invited error because it consented to the challenged jury instruction on the applicable statute of limitations during trial.
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[11/02]
CBS Corporation v. Federal Communications Commission
In a petition for review of an order of defendant-FCC penalizing petitioner for broadcasting a fleeting nude image during the National Football League's Super Bowl halftime performance, petition is granted because defendant failed to acknowledge that its order reflected a policy change and improperly imposed a penalty on petitioner for violating a previously unannounced policy.
[04/28]
Cedar Fair v. City of Santa Clara
In a petition for a writ of mandate pursuant to the California Environmental Quality Act (Act) and pertaining to the allocation, in a term sheet, of a proposed site for a 49er stadium, judgment of the trial court denying petition is affirmed because term sheet did not constitute a project or a project approval within the meaning of the Act and, therefore, preparation of an environmental impact report was not required.
[04/01]
Lopera v. Town of Coventry
In a 42 U.S.C. section 1983 dispute arising from a police search of team members after a heated match and with the consent of team coach, summary judgment in favor of defendants is affirmed where officers were entitled to qualified immunity and plaintiffs did not introduce sufficient evidence supporting a finding that the police engaged in racial discrimination.
[03/08]
Equity in Athletics, Inc. v. Department of Education
In a lawsuit seeking declaratory and injunctive relief under Title IX of the Education
Amendments of 1972, 20 U.S.C. section 1681-88, summary judgment in favor of defendants is affirmed where plaintiff failed to offer any support for its numerous constitutional, statutory, and procedural claims.
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