Justia Civil Procedure Opinion Summaries

Three registered electors from Bridgeport filed a writ of error challenging a trial judge's decision to deny their applications for arrest warrants for two individuals who allegedly violated election laws during the 2023 Democratic primary for the mayoral office. The plaintiffs claimed that the trial judge misinterpreted the relevant statute, General Statutes § 9-368, which they argued mandated the issuance of arrest warrants upon their complaint. The state of Connecticut, the defendant in error, argued that the writ should be dismissed because the plaintiffs were neither statutorily nor classically aggrieved by the denial of their applications.The Superior Court for the judicial district of Fairfield, with Judge Thomas J. Welch presiding, denied the applications for arrest warrants. The judge concluded that § 9-368 was inconsistent with the federal and state constitutions and the rules of practice, as it allowed for the issuance of arrest warrants based on a standard less than probable cause and without coordination with the Division of Criminal Justice. The judge did not reach the substantive merits of the applications and suggested that the matter could be referred to a prosecuting authority.The Supreme Court of Connecticut reviewed the case. The court held that the plaintiffs in error were not required to establish statutory aggrievement to bring a writ of error. However, the court dismissed the writ on the grounds that the plaintiffs were not classically aggrieved. The court determined that the plaintiffs lacked a specific, personal, and legal interest in the arrest and prosecution of those who allegedly violated election laws, as they were private citizens without a judicially cognizable interest in the prosecution or nonprosecution of another. Consequently, the plaintiffs did not have standing to challenge the trial judge's denial of their arrest warrant applications. View "In re Criminal Complaint & Application for Arrest Warrant" on Justia Law

Brandon Williams was involved in a series of interactions with Norfolk, Virginia police officers. Initially, Officer John D. McClanahan falsely charged Williams with misdemeanor trespassing and perjured himself at trial to secure a conviction. Williams appealed and used a recording to expose McClanahan's perjury, leading to the dismissal of the charge by the state appellate court. Two weeks later, Williams was hit by a speeding drunk driver, and responding officers, including McClanahan, allegedly falsified the accident report to deprive Williams of his right to sue the other driver.Williams filed a lawsuit in the United States District Court for the Eastern District of Virginia, asserting claims of retaliation for exercising his First and Sixth Amendment rights, conspiracy, and intentional infliction of emotional distress (IIED). The district court dismissed Williams' retaliation claim, finding he failed to plead an adverse action, and dismissed his conspiracy claim for lack of a constitutional violation. The court also dismissed Williams' state law IIED claims without prejudice, declining to exercise supplemental jurisdiction.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that Williams adequately alleged that the officers' intentional misrepresentation on the accident report would likely deter him from recording police activity and defending himself at trial in the future. Therefore, the court reversed the district court's dismissal of his retaliation claim. The court also vacated the dismissal of his conspiracy claim, finding a plausible constitutional violation, and remanded the claim for reconsideration. Finally, the court vacated the dismissal of Williams' IIED claims and remanded them for further consideration. View "Williams v. Mitchell" on Justia Law

Grace Smith, a high school junior, was repeatedly suspended from Laramie High School for refusing to comply with a COVID-19 indoor-mask mandate imposed by the Albany County School District No. 1 Board of Trustees. After her suspensions, she was arrested for trespassing on school grounds. Grace and her parents, Andy and Erin Smith, filed a lawsuit in the United States District Court for the District of Wyoming against the Board members, the superintendent, and the principal, alleging violations of Grace’s constitutional rights and state law claims.The district court dismissed the federal claims for lack of jurisdiction, ruling that Grace did not suffer an injury in fact necessary for standing. The court reasoned that her injuries were hypothetical because the mask mandate had expired and she was no longer a student at LHS, and that her injuries were self-inflicted. The court declined to exercise supplemental jurisdiction over the state-law claims.The United States Court of Appeals for the Tenth Circuit reviewed the dismissal de novo and reversed the district court’s decision. The appellate court held that Grace had standing to bring her claims because she suffered concrete and particularized injuries from the enforcement of the mask mandate, including suspensions and arrest. The court found that her injuries were directly inflicted by the defendants’ actions and were not self-inflicted. The case was remanded for further proceedings consistent with the appellate court’s opinion. View "Smith v. Albany County School District No. 1" on Justia Law

In 2001, Alphonse Fletcher, Jr. acquired property associated with two apartment units in a residential cooperative corporation controlled by The Dakota, Inc. In 2008, JP Morgan Chase Bank, N.A. approved a loan to Fletcher, secured by his rights in the property. Fletcher, Chase, and The Dakota entered into an agreement recognizing The Dakota's priority to proceeds from any sale or subletting of Fletcher's apartments. In 2011, Fletcher sued The Dakota for racial discrimination, and The Dakota counterclaimed for legal fees and costs based on Fletcher's proprietary lease.The Supreme Court granted summary judgment to The Dakota in the Fletcher action and awarded attorneys' fees and costs. While this action was pending, Kasowitz, Benson, Torres & Friedman, LLP initiated a CPLR 5225 proceeding against Chase, The Dakota, and Fletcher to seize and sell Fletcher's apartments to satisfy a judgment for unpaid legal fees. The Dakota claimed a superior interest in Fletcher's property based on the fee judgment, while Chase argued that The Dakota's lien was not superior and that the lease provision authorizing attorneys' fees was either inapplicable or unconscionable.The Supreme Court granted summary judgment to The Dakota, and the Appellate Division affirmed, stating that Chase's contentions were an impermissible collateral attack on The Dakota's judgment. Chase moved for leave to appeal and to intervene and vacate the judgment in the Fletcher action. The Supreme Court denied Chase's motion, but the Court of Appeals granted leave to appeal.The New York Court of Appeals held that Chase, as a nonparty to the original action, was not barred from challenging the fee award in a separate proceeding. The court concluded that Chase was not required to intervene in the Fletcher action to protect its interests and that doing so would violate Chase's due process rights. The order of the Appellate Division was reversed, and the matter was remitted for further proceedings. View "Matter of Kasowitz, Benson, Torres & Friedman, LLP v JPMorgan Chase Bank, N.A." on Justia Law

Victor Ibhawa, a Black, Nigerian Catholic priest, was hired by the Diocese of Buffalo in 2016 as the Parish Administrator of the Blessed Trinity Church. He was reappointed in January 2019 for another three-year term but was terminated on September 28, 2020. Ibhawa filed a complaint with the New York State Division of Human Rights (DHR) in November 2020, alleging racial discrimination, including incidents involving racial slurs and xenophobic remarks. He claimed that Diocesan officials failed to investigate these incidents and made offensive remarks about foreign priests. Ibhawa's employment was terminated, and his priestly faculties were removed, preventing him from applying for another priest position in the Diocese. He alleged hostile work environment and unlawful termination based on race and national origin.The DHR dismissed Ibhawa's complaint, citing the "ministerial exception" under the First Amendment, which it interpreted as a jurisdictional bar. The New York Supreme Court partially reversed this decision, finding that while the unlawful termination claim was properly dismissed, the hostile work environment claim required further consideration. The Appellate Division, however, reinstated the DHR's dismissal, emphasizing deference to the agency's expertise and noting the lack of controlling precedent on the ministerial exception's applicability to hostile work environment claims.The New York Court of Appeals reviewed the case and determined that the DHR erred in treating the ministerial exception as a jurisdictional bar rather than an affirmative defense. The court noted that the U.S. Supreme Court has held that the ministerial exception is an affirmative defense, not a jurisdictional bar. Consequently, the Court of Appeals reversed the Appellate Division's order and remitted the case to the DHR for further proceedings consistent with this opinion. View "Ibhawa v New York State Div. of Human Rights" on Justia Law

The case involves Patricia A. Heilman, the surviving spouse of Arthur J. Heilman, who died from an industrial accident. Patricia Heilman sought scheduled-loss compensation under Ohio law, claiming her husband had lost the use of both arms, both legs, sight in both eyes, and hearing in both ears before his death. The Industrial Commission of Ohio denied her request based on a nonexamining physician's report, which did not fully accept the findings of the examining physicians.The Tenth District Court of Appeals reviewed the case and granted a limited writ of mandamus. The court ordered the Industrial Commission to vacate its denial of scheduled-loss compensation and to re-evaluate whether Patricia Heilman had established her claims under the relevant statute. The court found that the Commission had improperly relied on the nonexamining physician's report, which did not comply with the requirements set forth in Wallace v. Industrial Commission.The Supreme Court of Ohio reviewed the case and affirmed the Tenth District's judgment. The court held that the Industrial Commission abused its discretion by relying solely on the nonexamining physician's report, which failed to accept the objective findings of the examining physicians. The Supreme Court clarified that while the Commission could not base its decision solely on the nonexamining physician's report, it could use the report as guidance in evaluating the remaining medical evidence. The court ordered the Commission to vacate its previous order and issue a new decision based on a proper evaluation of the evidence. View "State ex rel. Heilman v. Industrial Commission" on Justia Law

Kenny Savoie, a former employee of Pritchard Energy Advisors, LLC (PGA), filed a breach-of-contract lawsuit against Thomas Pritchard, his former boss, in the United States District Court for the Western District of Louisiana. Savoie, a Louisiana resident, claimed that Pritchard, a Virginia resident, owed him compensation under a 2017 offer letter for work done on behalf of Empire Petroleum Corporation. Savoie alleged that Pritchard fraudulently informed him that PGA had not received any payments for his projects, thus denying him due compensation.The district court dismissed the case against Pritchard for lack of personal jurisdiction, concluding that Pritchard's contacts with Louisiana were made in his corporate capacity and were protected by the fiduciary shield doctrine. The court found that Savoie failed to establish any exceptions to this doctrine that would allow Pritchard's corporate contacts to be attributed to him personally.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the fiduciary shield doctrine, which prevents the exercise of personal jurisdiction based solely on a defendant's corporate acts, applied in this case. The court noted that Louisiana law recognizes the fiduciary shield doctrine and that Savoie did not establish any exceptions, such as piercing the corporate veil or alleging a tort for which Pritchard could be personally liable. Consequently, the court concluded that Pritchard's corporate contacts could not be used to establish personal jurisdiction over him in Louisiana. View "Savoie v. Pritchard" on Justia Law

Michael Auer Wolf filed a request for a vocational evaluation of Patricia Mercado in a parentage action. The Superior Court of Orange County granted Wolf's request and later compelled Mercado to undergo the evaluation. Mercado filed an amended petition for writ of mandate, prohibition, or other appropriate relief, arguing the court lacked jurisdiction to order the evaluation as it was not authorized by any statute.The Superior Court of Orange County initially granted Wolf's request for a vocational evaluation and later his motion to compel Mercado to undergo the evaluation. Mercado opposed the request, arguing it was improper under the relevant statutes and that child support issues were being handled by the Department of Child Support Services (DCSS). The court maintained that child support was at issue and that it had the authority to order the evaluation.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court found that Wolf did not establish entitlement to a vocational evaluation under any relevant statutory authority, including sections 3558, 4331, and 4058 of the Family Code. The court noted that section 3558 does not authorize vocational evaluations, section 4331 applies only to spousal support in dissolution or legal separation cases, and section 4058 requires a preliminary showing that a vocational evaluation would be in the best interests of the children, which Wolf did not provide. The court also found that Evidence Code section 730 did not support the order as it pertains to neutral experts appointed by the court, not retained experts.The Court of Appeal granted Mercado's petition, ordering the Superior Court to vacate its orders requiring Mercado to undergo a vocational evaluation and to enter a new order denying Wolf's request. The stay order was dissolved, and Mercado was awarded her costs incurred in the proceeding. View "Mercado v. Superior Court" on Justia Law

The plaintiff, the decedent's son and Administrator of her estate, filed a negligence, medical malpractice, and wrongful death lawsuit in the Supreme Court, New York County, against Dewitt Rehabilitation and Nursing Center and other defendants. The decedent was a resident at Dewitt in February and March 2019. Dewitt moved to transfer the venue to Nassau County based on a forum selection clause in two electronically signed admission agreements. Dewitt supported its motion with the agreements and an affidavit from its director of admissions, Francesca Trimarchi. The plaintiff contested the authenticity of the agreements, claiming the signatures were forged and provided an exemplar of the decedent's handwritten signature for comparison.The Supreme Court granted Dewitt's motion, finding that Dewitt met its initial burden to show the forum selection clause was applicable and enforceable, and that the plaintiff failed to raise a triable issue of fact regarding the alleged forgery. The case was ordered to be transferred to Supreme Court, Nassau County. The Appellate Division reversed, holding that Dewitt failed to adequately authenticate the admission agreements as Trimarchi did not witness the signing, and thus the forum selection clause was unenforceable. The dissent argued that the burden should be on the plaintiff to prove the clause should not be enforced.The Court of Appeals of New York reversed the Appellate Division's decision, reinstating the Supreme Court's order. The court held that Dewitt met its burden of establishing the authenticity of the agreements through circumstantial evidence, including Trimarchi's affidavit and the agreements themselves. The plaintiff failed to provide sufficient evidence to raise a genuine issue of fact regarding the authenticity of the signatures. The court also clarified that CPLR 4539(b) was inapplicable as the documents were originally created in electronic form. The certified question was answered in the negative. View "Knight v New York & Presbyt. Hosp." on Justia Law

In 2016, James E. Moore, Jr., also known as Kevin Thompson, filed a lawsuit under 42 U.S.C. § 1983 against corrections officer Troy Booth and four other officers at Fishkill Correctional Facility, alleging excessive force. The officers, represented by the New York State Attorney General, claimed Thompson failed to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA). In 2020, the Attorney General withdrew as Booth's counsel due to his non-participation. Booth subsequently failed to appear for a deposition and a pre-motion conference, leading the district court to strike his answer as a sanction. The district court dismissed the claims against the other officers for failure to exhaust administrative remedies but granted a default judgment against Booth, awarding $50,000 in damages.The United States District Court for the Southern District of New York dismissed the claims against the four other officers on the grounds that Thompson had not exhausted administrative remedies. However, it granted a default judgment against Booth because his answer, which included the exhaustion defense, had been struck due to his non-participation.The United States Court of Appeals for the Second Circuit reviewed the case and concluded that the district court abused its discretion by granting a default judgment against Booth while dismissing the claims against the other officers on the merits. The appellate court held that, according to the principle set forth in Frow v. De La Vega, once the district court determined that Thompson could not maintain his claims against the litigating defendants due to failure to exhaust administrative remedies, it should have dismissed the claims against Booth for the same reason. The Second Circuit vacated the default judgment and remanded the case to the district court with instructions to enter a judgment in favor of Booth. View "Thompson v. Booth" on Justia Law