Justia Civil Procedure Opinion Summaries

by
Plaintiff appealed the district court’s dismissal of his amended complaint against Carnival Corporation for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Plaintiff contended that the district court erred in finding that his amended complaint failed to allege sufficient facts in support of his negligence claims to show that Carnival was on notice of the alleged hazard.   The Eleventh Circuit affirmed. The court concluded that Plaintiff failed to include factual allegations that plausibly suggest Carnival had constructive notice of the dangerous condition. Therefore, Plaintiff failed to satisfy the pleading standard set forth in Iqbal and Twombly. While Plaintiff alleged facts that establish the possibility that Carnival had constructive notice of the hazardous substance on the staircase as to invite corrective measures, a claim only has facial plausibility when the plaintiff’s allegations allow “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”   Furthermore, while Plaintiff alleged that there were crewmembers in the surrounding shops, he does not allege that there were any crewmembers in the immediate area of the glass staircase that could have observed or warned him of the hazard. Simply put, Plaintiff’s allegations do not cross the line from possibility to the plausibility of entitlement to relief. View "Donnie Holland v. Carnival Corporation" on Justia Law

by
Petitioners, a school district and the school district's superintendent, filed suit o stop the Oklahoma State School Board from taking actions against the school district in the meetings of the Board. The Board continued with its meetings and petitioners filed requests for a restraining order, preliminary injunction, and declaratory judgment to prevent further State Board actions until both the school district and its superintendent obtained administrative individual proceedings. The district court denied the petitioners' requests and they appealed. The State Board continued with its meetings, placed the school district on probation and required an interim superintendent as a condition of probation. The Oklahoma Supreme Court held the Superintendent failed to show a likelihood of success on the merits of his claim that a due process violation occurred, or a likelihood of success on the merits of his claim that his administrative remedy was inadequate, and failed to show he was entitled to a preliminary injunction. The Supreme Court held the School District failed to show a likelihood of success on the merits on a claim the State Board lacked authority to place the school district on probation with a condition requiring an interim superintendent, and failed to show a likelihood of success on the merits of a claim the school district was entitled to an administrative individual proceeding prior to the school district being placed on probation, and school district failed to show it was entitled to a preliminary injunction. Accordingly, the Supreme Court affirmed the district court's order. View "Western Heights Independent Sch. Dist. v. Oklahoma" on Justia Law

by
The Eighth Circuit reviewed a case for the second time regarding “whether a South Dakota tax on nonmember activity on the Flandreau Indian Reservation (the Reservation) in Moody County, South Dakota is preempted by federal law. On remand, and after a six-day video bench trial, the district court entered judgment in favor of the Tribe, concluding again that federal law preempts the imposition of the tax.   The Eighth Circuit reversed and remanded. The court explained that in light of guideposts from the Supreme Court, even with the evidence that the district court heard at trial, the court cannot conclude that the federal regulation in IGRA regarding casino construction is extensive. The court reasoned that even with a more factually developed record than the court considered on summary judgment, the Bracker balancing test does not weigh in favor of preemption under IGRA because the extent of federal regulation over casino construction on tribal land is minimal, the impact of the excise tax on the tribal interests is minimal, and the State has a strong interest in raising revenue to provide essential government services to its citizens, including tribal members. The district court thus erroneously entered judgment in favor of the Tribe based on IGRA’s preemption of the excise tax. View "Flandreau Santee Sioux Tribe v. Michael Houdyshell" on Justia Law

by
Susan Durheim appealed a disorderly conduct restraining order directing that she have no contact with Brandon Rekow for a one-year period. Rekow and Durheim had a strained relationship dating back to 2015, when Rekow allegedly bought gravel from Durheim’s husband and failed to pay for it. In Rekow’s petition and through testimony, he described events taking place on January 12, 2022, that led to filing the petition against Durheim. Durheim alleged she went to Rekow’s home to collect on the unpaid bill for the gravel. An argument ensued and Rekow told Durheim to get off his property. Durheim eventually left the property after being asked to do so numerous times. At the hearing on the petition, each party accused the other of swearing and name-calling. Rekow admitted swearing at Durheim. Durheim denied she swore at Rekow. Other than generally stating he wants Durheim to stop harassing him, Rekow did not testify specifically as to how the incident with Durheim affected his safety, security, or privacy. He stated, “she’s very threatening. I get called all kinds of names and berated, harassed.” Rekow testified he only felt threatened with a lawsuit, not with violence. Durheim argued the district court abused its discretion in issuing the disorderly conduct restraining order because its findings were insufficient to support its decision. "The vague findings made by the district court do not enable this Court to understand the basis for its conclusion. Given the court’s conclusory findings and Rekow’s lack of specific testimony on how Durheim’s conduct adversely affected his safety, security, or privacy," The North Dakota Supreme Court was not convinced the requirements of N.D.C.C. § 12.1-31.2-01 were satisfied in this case. Therefore, the Court concluded the district court abused its discretion when it issued the disorderly conduct restraining order. Judgment was reversed. View "Rekow v. Durheim" on Justia Law

by
Appellant Advanced Indicator and Manufacturing, Inc. claims its building was damaged by Hurricane Harvey’s winds. Advanced’s insurer, Acadia Insurance Company, determined that the damage to the building was caused by poor maintenance and routine wear and tear. When Acadia denied Advanced’s claim, Advanced sued. Advanced filed a motion to remand the case to state court   The district court granted Acadia’s motion and granted summary judgment on Advanced’s extra-contractual claims. The Fifth Circuit affirmed the district court’s denial of the motion to remand, reversed the grant of summary judgment on Advanced’s claims, and remanded the matter to the district court.   The court explained that Advanced’s argument is unavailing because it fails to consider Flagg’s command that “the district court must examine the plaintiff’s possibility of recovery against that defendant at the time of removal.” At the time of removal, then, it would have been proper for the district court to find that “there is no possibility of recovery by [Advanced] against an in-state defendant.” Accordingly, the differences between Sections 542A.006(b) and 542.006(c) are not material as long as the insurer elects to accept liability for the agent before removal. The court held that summary judgment was not warranted on Advanced’s breach of contract claim given the evidence Advanced has put forth. This conclusion requires the reversal of the district court’s dismissal of Advanced’s other claims. View "Adv Indicator v. Acadia Ins" on Justia Law

by
Appellant CVG Ferrominera Orinoco, C.A. (“Ferrominera”), appealed from the district court’s judgment confirming a foreign arbitral award and granting attorney’s fees and costs in favor of Petitioner Commodities & Minerals Enterprise Ltd. (“CME”). Ferrominera challenges the judgment on three grounds. First, it argues that the district court lacked personal jurisdiction because CME never served a summons on Ferrominera in connection with its motion to confirm the arbitral award. Second, Ferrominera contends that the district court erred in confirming the arbitral award based on purported lack of jurisdiction by the arbitral panel, issues with the scope of the award, and conflicts with United States public policy. Third, it argues that the district court abused its discretion in awarding attorney’s fees and costs in favor of CME.   The Second Circuit held that a party is not required to serve a summons in order to confirm a foreign arbitral award under the New York Convention. The court concluded that the district court properly enforced the arbitral award, but that it erred in awarding attorney’s fees and costs. Accordingly, the court affirmed in part and vacated in part. The court wrote that CME complied with the service of notice requirements of the New York Convention and the FAA, and the district court properly exercised personal jurisdiction over Ferrominera. Further, the court explained that Ferrominera has not borne its burden to show that the arbitration agreement is invalid where, as here, it has put forth no arguments whatsoever under the applicable law. View "Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C.A." on Justia Law

by
The State of Vermont appealed a family division’s denial of its request to extend an order placing seventeen-year-old D.K. in the conditional custody of his mother. After review, the Vermont Supreme Court agreed with the court’s conclusion that it lacked authority to extend a conditional custody order (CCO) for a third six-month period under 33 V.S.A. § 5320a(a), and therefore affirmed. View "In re D.K." on Justia Law

by
The People of the State of California (People), appealed the denial of the motion for victim restitution, i.e., attorney fees and costs after Respondent was convicted by plea of felony driving with a .08 blood alcohol level or higher causing bodily injury. the denial of the motion for victim restitution, i.e., attorney fees and costs, after Respondent was convicted by plea of felony driving with a .08 blood alcohol level or higher causing bodily injury release of liability signed by the victim in the civil case discharged respondent’s obligation to pay restitution in the criminal case.The Second Appellate District agreed with the People and reversed. Here, the People presented evidence that the injured driver received a civil settlement of $235,000. Of the settlement, $61,574.44 was paid to the driver’s attorney as a contingency fee of 25 percent plus costs. Respondent did not present any witnesses or evidence in opposition. Instead, he argued the signed releases by the victims meant they “ha[d] received full and complete compensation,” and the contingency fee was “not a true amount of attorney’s fees.” However, “[a] crime victim who seeks redress for his injuries in a civil suit can expect to pay counsel with a contingency fee.” Because the People established that the driver paid her attorney a contingency fee of 25 percent, the burden shifted to Respondent to refute this showing. Respondent contends the trial court’s denial of fees was an “implied finding”. But an implied finding of fact must be supported by substantial evidence. View "P. v. Nonaka" on Justia Law

by
After its collective bargaining agreement with Macy’s expired, the parties were unable to agree on a new agreement. Local 39 called a strike and began picketing at Macy’s store. Macy’s filed suit, alleging that Local 39 had engaged in continuing and escalating unlawful misconduct at the store and sought injunctions preventing Local 39 from picketing at the store’s entrances, blocking ingress or egress, disturbing the public, threatening public safety, or damaging property. Macy’s also asked for damages.Local 39 filed an anti-SLAPP (strategic lawsuit against public participation) Code of Civil Procedure section 425.16, motion, arguing that the complaint alleged acts in furtherance of its right to free speech on a public issue and that Macy’s could not establish a probability of prevailing on the merits because the complaint did not satisfy Labor Code section 1138’s heightened standard of proof for claims arising out of labor disputes. The trial court granted Local 39’s motion in part. The court of appeal held that the trial court should have granted its first anti-SLAPP motion in full and ordered the entire complaint stricken. A labor organization cannot be held responsible or liable for the unlawful acts of individual officers, members, or agents, "except upon clear proof of actual participation in, or actual authorization of those acts.” Macy’s did not provide such proof. View "International Union of Operating Engineers, Local 39 v. Macy's, Inc." on Justia Law

by
In 2017, the State of Alabama sued, among others, Epic Tech, LLC ("Epic Tech"); K.C. Economic Development, LLC, d/b/a VictoryLand ("KCED"); and Sheriff Andre Brunson, in his official capacity as sheriff of Macon County (referred to collectively as "the Macon County defendants"). At around that same time, the State sued, White Hall Enrichment Advancement Team d/b/a Southern Star Entertainment ("Southern Star") and White Hall (referred to collectively as "the Lowndes County defendants"). In each action, the State sought an order declaring the illegal gambling operations conducted by the defendants to be a public nuisance and related injunctive relief. The State's complaint in each action was also accompanied by a motion seeking the entry of an order preliminarily enjoining the defendants from engaging in illegal gambling operations. In case nos. 1200798 and 1210064, the State appealed Macon Circuit Court and Lowndes Circuit Court orders denying the State's requests for injunctive relief. In case no. 1210122, defendants/counterclaim plaintiffs White Hall Entertainment and the White Hall Town Council (referred to collectively as "White Hall"), cross-appealed the Lowndes Circuit Court's order dismissing their counterclaims against the State. The Alabama Supreme Court consolidated these appeals. In case no. 1200798, the Court reversed the Macon Circuit Court order denying the State's request for preliminary injunctive relief and remanded the matter for that court to enter, within 30 days, a preliminary injunction enjoining the defendants' gambling operations in Macon County; in case no. 1210064, the Court reversed the Lowndes Circuit Court order denying the State's request for permanent injunctive relief and remanded the matter for that court to enter, within 30 days, a permanent injunction enjoining the defendants' gambling operations in Lowndes County; and in case no. 1210122, the Court affirmed the Lowndes Circuit Court's order dismissing White Hall's counterclaims. View "White Hall Entertainment, et al. v. Alabama" on Justia Law