Justia Civil Procedure Opinion Summaries
Lance v. Board of County Commissioners
Dustin Lance was denied medical treatment for priapsm at a detention center in McAlester, Oklahoma. He ultimately sued the sheriff and four jail guards; summary judgment was entered in favor of all defendants. After review of his appeal, the Tenth Circuit affirmed in part, and reversed in part. Like the district court, the Court concluded that one of the jail guards, Edward Morgan, had qualified immunity because he didn’t violate Lance’s constitutional right to medical care. But the Court concluded that qualified immunity was unavailable to the three other jail guards: Mike Smead, Dakota Morgan, and Daniel Harper. And the sheriff, Chris Morris, was not entitled to summary judgment in his official capacity because the factfinder could reasonably determine that the county’s policies had violated Lance’s constitutional right to medical care. View "Lance v. Board of County Commissioners" on Justia Law
Erwin-Simpson v. AirAsia Berhad
Erwin-Simpson, a D.C. resident, alleges that she suffered injuries in 2016 on a flight from Malaysia to Cambodia with Malaysia-based AirAsia when a flight attendant spilled boiling water on her. She sued under the Montreal Convention, a treaty to which the U.S. is a signatory that provides for airline liability in the case of injuries that occur during flight. AirAsia is a low-cost airline that provides service across Asia; it does not operate any flights to or from the U.S.The D.C. Circuit affirmed the dismissal of the suit for lack of jurisdiction. The injuries Erwin-Simpson alleged did not arise from any activity by AirAsia in the District of Columbia, and the only presence that the airline identifies here is its website. The website on its own is insufficient to render the corporation subject to suit in the District. View "Erwin-Simpson v. AirAsia Berhad" on Justia Law
Branch v. Cream-O-Land Dairy
Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). The WHL created an exemption from an overtime compensation requirement for employees of a “trucking industry employer.” In response to plaintiff’s argument that defendant failed to pay truck drivers as mandated by N.J.S.A. 34:11-56a4(b)(1), defendant argued that it was exempt from that provision as a trucking industry employer under N.J.S.A. 34:11-56a4(f). Defendant also asserted that it was entitled to invoke the absolute defense set forth in N.J.S.A. 34:11-56a25.2 because it had relied in good faith on three matters in which the Department had investigated its operations and concluded that it was a “trucking industry employer.” The trial court viewed those decisions to satisfy N.J.S.A. 34:11-56a25.2’s standard for the good-faith defense and granted summary judgment dismissing plaintiff’s claims. The Appellate Division reversed, finding that none of the determinations on which defendant relied met the requirements of the good-faith defense under the plain language of N.J.S.A. 34:11-56a25.2. The Appellate Division also rejected defendant’s invocation of a 2006 Opinion Letter by the Director of the Division that for certain employees of trucking industry employers, N.J.S.A. 34:11-56a4 “establishes their overtime rate at 1 1/2 times the minimum wage” because defendant did not represent that it had relied on that letter when it determined its overtime compensation. The New Jersey Supreme Court concurred with the Appellate Division that none of the decisions identified by defendant satisfied the requirements of the good-faith defense under the plain language of N.J.S.A. 34:11-56a25.2. The Court acknowledged, however, the dilemma faced by an employer such as defendant, which repeatedly prevailed in overtime disputes before subordinate Department employees but was unable to seek a ruling from the Commissioner of the Department of Labor and Workforce Development (Commissioner) because each of those disputes was resolved without further review. This matter was remanded to the trial court for consideration of defendant’s argument that it was a trucking-industry employer within the meaning of N.J.S.A. 34:11-56a4(f), and for determination of whether defendant complied with the applicable WHL overtime standards in compensating its employees. View "Branch v. Cream-O-Land Dairy" on Justia Law
Board of Registered Nursing v. Super. Ct.
The People of the State of California, by and through the Santa Clara County Counsel, the Orange County District Attorney, the Los Angeles County Counsel, and the Oakland City Attorney, filed suit against various pharmaceutical companies involved in the manufacture, marketing, distribution, and sale of prescription opioid medications. The People alleged the defendants made false and misleading statements as part of a deceptive marketing scheme designed to minimize the risks of opioid medications and inflate their benefits. The People alleged this scheme caused a public health crisis in California by dramatically increasing opioid prescriptions, opioid use, opioid abuse, and opioid-related deaths. In their suit, the People allege causes of action for violations of the False Advertising Law, and the public nuisance statutes. After several years of litigation, the defendants served business record subpoenas on four nonparty state agencies: the California State Board of Registered Nursing (Nursing Board), the California State Board of Pharmacy (Pharmacy Board), the Medical Board of California (Medical Board), and the California Department of Justice (DOJ). The Pharmacy Board, the Medical Board, and the DOJ served objections to the subpoenas. The Nursing Board filed a motion for a protective order seeking relief from the production obligations of its subpoena. After further litigation, which is recounted below, the trial court ordered the state agencies to produce documents in response to the subpoenas. In consolidated proceedings, the state agencies challenged the trial court's orders compelling production of documents. After review, the Court of Appeal concluded the motions to compel against the Pharmacy Board and Medical Board were untimely, and the defendants were required to serve consumer notices on at least the doctors, nurses, pharmacists, and other health care professionals whose identities would be disclosed in the administrative records, investigatory files, and coroner’s reports. Furthermore, the Court concluded the requests for complete administrative records and investigatory files, were overbroad and not reasonably calculated to lead to the discovery of admissible evidence. "The requests for complete administrative records and investigatory files also ran afoul of the constitutional right to privacy and the statutory official information and deliberative process privileges." The trial court was directed to vacate its orders compelling production of documents, and to enter new orders denying the motions to compel and, for the Nursing Board, granting its motion for a protective order. View "Board of Registered Nursing v. Super. Ct." on Justia Law
Borman v. Brown
Alice Borman filed this action against defendants Tara Brown, M.D. and North County Eye Center, Inc. (NCEC). Borman alleged that she sought treatment from defendants for a “droopy eyelid and brow.” According to Borman, Dr. Brown told Borman that Brown could perform a “brow lift” to correct the problem, but that a brow lift would not be covered by Borman’s insurance. Borman further alleged that Dr. Brown told Borman that she could instead perform a blepharoplasty, which would be covered by Borman’s insurance. Borman further claimed that Dr. Brown’s statement that a brow lift would not be covered by Borman’s insurance was false, and that Dr. Brown had no reasonable basis for making the statement. Borman alleged that she relied on Dr. Brown’s representations and agreed to undergo a blepharoplasty. After undergoing the blepharoplasty, Borman claimed that she continued to have physical difficulties with her eyelid and her brow. Borman consulted another doctor who advised Borman that Dr. Brown had “performed the wrong procedure and that a brow[ ]lift should have been performed instead.” The trial court denied Borman's motion for summary judgment, denied the motion for summary adjudication of the professional negligence and lack of informed consent causes action, but granted the motion for summary adjudication as to Borman’s fraud and deceit and battery causes of action. The trial court entered judgment in favor of defendants, and awarded costs to defendants as prevailing parties. Borman appealed, arguing the trial court erred in granting defendants' motion for summary adjudication with respect to her fraud and deceit cause of action, because the trial court should have permitted her to “proceed at trial on a claim for ‘[n]egligent [m]isrepresentation.’ ” The Court of Appeal concluded the record contained evidence from which a reasonable jury could find that Dr. Brown intended for Borman to rely on her statement that a brow lift would not be covered by Borman’s insurance. Since that was the sole element of a negligent misrepresentation theory of liability that the trial court found Borman would be unable to prove, the Court further concluded the trial court erred in granting summary adjudication of Borman’s fraud and deceit cause of action. The trial court's postjudgment cost order, and the order granting summary adjudication of Brown’s fraud and deceit cause of action were both reversed, and the matter remanded for further proceedings. View "Borman v. Brown" on Justia Law
The Health Care Authority for Baptist Health v. Dickson
The Health Care Authority for Baptist Health, an affiliate of UAB Health System ("HCA"), and The Health Care Authority for Baptist Health, an affiliate of UAB Health System d/b/a Prattville Baptist Hospital (collectively, "the HCA entities"), appealed a circuit court order denying their motion to compel arbitration in an action brought by Leonidas Dickson, II. In 2015, Dickson sustained injuries as a result of an automobile accident. Following the accident, Dickson was taken to Prattville Baptist Hospital ("PBH"), where he was treated and discharged. Dickson was partially covered by a health-insurance policy issued by Blue Cross and Blue Shield of Alabama, Inc. ("BCBS"). PBH was a party to a "Preferred Outpatient Facility Contract" ("the provider agreement") with BCBS, under which the medical care rendered to Dickson in the emergency department at PBH was reimbursable. In 2017, Dickson filed a complaint to challenge a reimbursement that PBH had received in exchange for Dickson's medical treatment. Dickson's complaint also sought to certify a class of people who were insured by BCBS and who had received care at any hospital operated by HCA's predecessor, Baptist Health, Inc. ("BHI"). After the HCA entities' motion to dismiss was denied, the HCA entities filed an answer to the lawsuit, but the answer did not raise arbitration as a defense. After a year of extensive discovery (including class certification and class-related discovery), the HCA entities moved to compel arbitration on grounds that Dickson's health-insurance policy with BCBS required all claims related to the policy to be arbitrated and that the provider agreement also provided for arbitration, contingent upon the arbitration requirements of the BCBS policy. The trial court denied the motion to compel without providing a reason for the denial. After a request for reconsideration was also denied, the HCA entities appealed. The Alabama Supreme Court concluded the HCA entities waived their right to arbitration, thus affirming the trial court order. View "The Health Care Authority for Baptist Health v. Dickson" on Justia Law
Ex parte Linda Steinberg, individually and as sole remaining member and representative of Mendelson Properties, LLC.
Linda Steinberg, individually and as the sole remaining member and representative of Mendelson Properties, LLC, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Etowah Circuit Court to vacate its order staying the proceedings in her civil case against several defendants. One of the defendants, Lisa Daugherty, moved the trial court to stay discovery regarding discovery requests that had been issued to her on the ground that such a stay was needed to protect her constitutional right against self-incrimination. The trial court granted that motion, but it also stayed the entire case. Because the Supreme Court found the trial court had before it no evidence supporting the stay, the Supreme Court granted the petition and issued the writ. View "Ex parte Linda Steinberg, individually and as sole remaining member and representative of Mendelson Properties, LLC." on Justia Law
In the Matter of the Estate of Costas E. Pavlou
Kenneth Rogers appealed a chancery court order granting authority to the executor of the Estate of Costas E. Pavlou (the estate) to disburse funds to the estate’s attorneys. The chancellor found that Rogers lacked standing to challenge the disbursement because he had not probated a claim against the estate. After review, the Mississippi Supreme Court found it had jurisdiction over the appeal, but Rogers did not designate the documents on which he based his appellate challenge to the chancellor's decision. Because the Supreme Court was unable to review Rogers' arguments due to his not having designated relevant portions of the record, the chancery court order was affirmed. View "In the Matter of the Estate of Costas E. Pavlou" on Justia Law
Thornley v. Clearview AI, Inc.
Clearview's facial recognition tool takes advantage of public information on the Internet. Clearview uses a proprietary algorithm to “scrape” pictures from social media sites such as Facebook, Twitter, Instagram, LinkedIn, and Venmo. Clearview’s software harvests from each scraped photograph the biometric facial scan and associated metadata (time and place stamps); that information is put onto its database, which is stored on servers in New York and New Jersey. Clearview offers access to this database for users who wish to find out more about someone in a photograph. Many of its clients are law-enforcement agencies. The New York Times published an article about Clearview.This putative class action asserted violations of Illinois’s Biometric Information Privacy Act, 740 ILCS 14/15. After its removal to federal court, the district court remanded the case to state court, stating that the complaint alleged only a bare statutory violation, not the kind of concrete and particularized harm that would support Article III standing in federal court. The Seventh Circuit affirmed. In alleging a violation of a general rule that prohibits the operation of a market in biometric identifiers and information, the complaint described only a general, regulatory violation, not something that is particularized to the plaintiffs and concrete. It alleged no particularized injury resulting from the commercial transaction. View "Thornley v. Clearview AI, Inc." on Justia Law
Big Tyme Investments, L.L.C. v. Edwards
Louisiana bar owners challenged the Governor’s restrictions to the operation of bars in response to COVID-19. The Bar Closure Order prohibited on-site consumption of alcohol and food at “bars,” but permitted on-site consumption of alcohol and food at “restaurants.” Two district courts denied the bar owners’ motions for preliminary injunctive relief. The Fifth Circuit affirmed, rejecting an argument under the Equal Protection Clause of the Fourteenth Amendment. The court applied “rational basis” review. The classification at issue is based on a business permit, and does not differentiate on the basis of a suspect class. The Bar Closure Order’s differential treatment of bars operating with AG permits is at least rationally related to reducing the spread of COVID-19 in higher-risk environments. A classification does not fail rational-basis review because it is not made with mathematical nicety or because in practice it results in some inequality. View "Big Tyme Investments, L.L.C. v. Edwards" on Justia Law