Justia Civil Procedure Opinion Summaries

From 1906 -1970, the companies manufactured industrial materials at an East Chicago, Indiana Superfund Site. In the 1970s, the East Chicago Housing Authority constructed “West Calumet,” a low-income residential building, on that site. In 2017, former West Calumet tenants sued the companies based on the tenants’ exposure to hazardous substances. Defendant Atlantic Richfield removed the case to federal court, asserting a government contractor defense because its predecessor, ISR, operated during World War II. ISR sold lead and zinc to entities who were under contract with the government to produce the goods for the military. ISR itself held five Army contracts. The materials made by ISR were critical wartime commodities that had to be manufactured according to detailed federal specifications. Other regulations effectively prevented ISR from selling to distributors for civilian applications. Defendant DuPont asserted that the government directed it to build a facility for the government and then lease it from the government to produce Freon-12 and hydrochloric acid solely for the government. The district court remanded, finding that most of the Companies’ government business occurred outside the relevant time frame.The Seventh Circuit reversed. Atlantic Richfield worked "hand-in-hand with the federal government to achieve a task that furthers an end of the federal government.” The Companies’ wartime production was a small but significant portion of their relevant conduct; the federal interest in the matter supports removal. Atlantic Richfield set forth sufficient facts regarding its government contractor defense. View "Baker v. E.I. du Pont de Nemours & Co." on Justia Law

In 1998, al Qaeda operatives detonated truck bombs outside the U.S. Embassies in Kenya and Tanzania. Victims sued the Republic of Sudan under the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act (FSIA, 28 U.S.C. 1605(a)(7)), which included a bar on punitive damages for suits under any of the sovereign immunity exceptions. In 2008, Congress amended the FSIA in the National Defense Authorization Act (NDAA). NDAA section 1083(c)(2) creates a cause of action for acts of terror that provides for punitive damages; it gave effect to existing lawsuits that had been “adversely affected” by prior law “as if” they had been originally filed under the new section 1605A(c). Section 1083(c)(3) provided a time-limited opportunity for plaintiffs to file new actions “arising out of the same act or incident” as an earlier action and claim those benefits. The plaintiffs amended their complaint to include section 1605A(c) claims. The district court awarded the plaintiffs approximately $10.2 billion, including roughly $4.3 billion in punitive damages. The D.C. Circuit held that the plaintiffs were not entitled to punitive damages because Congress had included no statement in NDAA section 1083 clearly authorizing punitive damages for pre-enactment conduct.The Supreme Court vacated and remanded. Even assuming that Sudan may claim the benefit of the presumption of prospective effect, Congress was as clear as it could have been when it expressly authorized punitive damages under section 1605A(c) and explicitly made that new cause of action available to remedy certain past acts of terrorism. The court of appeals must also reconsider its decision concerning the availability of punitive damages for state law claims. View "Opati v. Republic of Sudan" on Justia Law

Mokdad, a naturalized U.S. citizen, sought injunctive relief against the Attorney General, the FBI, and the Director of the Terrorist Screening Center (TSC) based on alleged instances where he was denied boarding on commercial airline flights between the U.S. and his native country, Lebanon. Claiming that his application for redress under the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) was not adequately resolved, he requested that the court order his removal from the No Fly List and any other such list. The Sixth Circuit reversed the district court’s conclusion that it lacked subject matter jurisdiction On remand, TSC re-examined Mokdad’s DHS TRIP request, notified him that he was not on the No Fly List, and issued a declaration that Mokdad is not on the No Fly List and will not be placed back on the list based on the currently available information. The district court dismissed. The Sixth Circuit affirmed. Mokdad’s case is moot in light TSC’s declaration. Even if Mokdad has been placed on another watch list, or is experiencing delays as he alleged, Mokdad did not identify any other lists or defendants, precluding effectual relief. If Mokdad believes that he is on another government list, the remedy is to file a new action. View "Mokdad v. Sessions" on Justia Law

Mokdad, a naturalized U.S. citizen, alleges that he has been denied boarding on commercial airline flights between the U.S. and his native country, Lebanon because he was on the No Fly List. Mokdad applied for redress under the Department of Homeland Security Traveler Redress Inquiry Program (TRIP). Mokdad received a letter that did not confirm or deny whether he was on the List but informed him that “we have conducted a review of any applicable records in consultation with other federal agencies ... no changes or corrections are warranted at this time.” The letter notified him of his right to file administrative appeal with the Transportation Security Administration (TSA) within 30 days, that the TRIP determination would become final if he did not, and that final determinations are reviewable by the Court of Appeals under 49 U.S.C. 46110. Mokdad did not file a TSA administrative appeal or a petition with the Court of Appeals but filed a complaint in the Eastern District of Michigan against the Attorney General, the FBI, and the Director of the Terrorist Screening Center. Mokdad did not name TSA or any TSA officer. The Sixth Circuit reversed dismissal, finding that the district court had jurisdiction, but declined to address the challenge to the adequacy of procedures to contest inclusion on the No Fly List, for failure to join a necessary party. View "Mokdad v. Lynch" on Justia Law