Justia Civil Procedure Opinion Summaries

An incarcerated individual at Corcoran State Prison hired an attorney to file a petition for writ of habeas corpus, both in state and potentially federal court, for a total fee of $35,000. The attorney did not file the petition as agreed, leading the client to sue for breach of contract. Throughout the proceedings, the plaintiff notified the Superior Court of Orange County multiple times that he was incarcerated, requested remote appearances, and actively participated by filing necessary court documents, including a case management statement and fee waiver application. Despite these efforts, the plaintiff failed to appear for the scheduled trial, and the attorney attended and testified that the plaintiff was incarcerated.After the plaintiff's failure to appear at trial, the Superior Court of Orange County dismissed the lawsuit without prejudice, stating it was unaware of the plaintiff’s incarceration until the day of trial. The plaintiff appealed this dismissal, arguing that the court should have recognized his incarceration and taken additional steps before terminating the case.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the dismissal. The appellate court found that the trial court abused its discretion by dismissing the lawsuit without first issuing an order to show cause or ensuring that the plaintiff had meaningful access to the court. The court emphasized that incarcerated, indigent litigants must be afforded meaningful access to civil courts, and that dismissal is a drastic remedy reserved for rare circumstances. The appellate court reversed the judgment of dismissal and remanded the case, instructing the trial court to provide the plaintiff with meaningful access to the court and to communicate with prison officials as necessary. The plaintiff may recover costs on appeal, subject to further determination by the trial court. View "Park v. Guisti" on Justia Law

Riverdale Mills Corporation operates a wire mesh manufacturing facility in Northbridge, Massachusetts. In 2019, the Occupational Safety and Health Administration (OSHA) conducted two investigations at Riverdale’s facility, which resulted in citations alleging violations of safety and health standards under the Occupational Safety and Health Act. Riverdale contested these citations, and after a consolidated hearing before an Administrative Law Judge (ALJ) of the Occupational Safety and Health Review Commission (OSHRC) in 2021, the ALJ affirmed three citation items while vacating or withdrawing the others.Subsequently, in December 2023, Riverdale applied to the ALJ for recovery of attorney’s fees and costs under the Equal Access to Justice Act (EAJA). To establish eligibility for this recovery, Riverdale submitted its 2019 balance sheet as evidence, along with a motion to seal the document due to alleged confidential business information. The Secretary of Labor opposed the motion, arguing Riverdale had not demonstrated sufficient grounds for sealing. After considering submissions from both parties, the ALJ denied Riverdale’s motion to seal, applying balancing tests from D.C. Circuit and First Circuit case law and concluding Riverdale had not shown compelling reasons to overcome the presumption of public access. Riverdale attempted to appeal this denial to the OSHRC Commission, but the Commission automatically dismissed the appeal for lack of quorum.Riverdale then sought interlocutory review from the United States Court of Appeals for the First Circuit. The First Circuit assumed interlocutory jurisdiction under the collateral order doctrine and reviewed the ALJ’s denial for abuse of discretion. It held that Riverdale had waived certain arguments by not raising them earlier and determined the ALJ did not abuse her discretion in denying the motion to seal, finding Riverdale failed to meet its burden to justify sealing the balance sheet. The petition for review was denied. View "Riverdale Mills Corp. v. Chavez-DeRemer" on Justia Law

OneTaste, Inc., a company founded in 2004 that promoted “orgasmic meditation,” sued Netflix for defamation in 2023. The lawsuit was based on a Netflix documentary that featured allegations from former employee Ayries Blanck, who claimed she was sexually assaulted and abused in connection with her employment and participation in OneTaste’s activities. The documentary included statements from Blanck’s sister and other former associates, as well as references to earlier media investigations and reports about alleged exploitative and abusive practices at OneTaste. OneTaste asserted that Netflix published false statements with actual malice, despite being provided with information it claimed disproved the allegations.The Superior Court of Los Angeles County reviewed Netflix’s special motion to strike under California’s anti-SLAPP statute (Code of Civil Procedure section 425.16). Netflix argued its conduct was protected activity and that OneTaste could not demonstrate a probability of prevailing, especially on the element of actual malice. After considering the pleadings and both parties’ evidence, the trial court concluded that OneTaste failed to present sufficient evidence that Netflix published the challenged statements with actual malice. The court also found OneTaste’s additional evidence did not establish that Netflix was aware of probable falsity or recklessly disregarded the truth. As a result, the court granted Netflix’s motion to strike the complaint.On appeal, the California Court of Appeal, Second Appellate District, Division Three, affirmed the trial court’s order. The appellate court held that OneTaste did not meet its burden to show a probability of prevailing on the defamation claim because it failed to produce evidence of actual malice by Netflix. The court also rejected OneTaste’s constitutional and public policy challenges to the anti-SLAPP statute and denied its requests for judicial notice of materials not considered by the trial court. View "Onetaste Incorporated v. Netflix, Inc." on Justia Law

A former employee filed a labor claim against her employer and the employer’s business, seeking unpaid overtime and other compensation. The Labor Commissioner awarded her over $74,000. The decision was served by mail, triggering a 15-day deadline for the employer to appeal to the superior court and to either post an undertaking or seek a waiver of that requirement. The employer retained a third-party filing service, which attempted to file the appeal and waiver motion electronically on the last permissible day. The filing was rejected by the court clerk, and the documents were filed in person the following day, one day late.The Superior Court of the City and County of San Francisco determined that the employer’s appeal and waiver motion were untimely. The court found that the statutory deadline for appealing a Labor Commissioner decision is mandatory and jurisdictional, and that it lacked jurisdiction to consider the late filings. The employer argued that the deadline should be equitably tolled due to the filing service’s error, but the trial court rejected this argument.The California Court of Appeal, First Appellate District, Division Five, reviewed the case. The court held that the statutory deadline for appealing a Labor Commissioner decision and for seeking a waiver of the undertaking requirement is mandatory and jurisdictional, and cannot be extended for reasons such as mistake, inadvertence, or excusable neglect. The only exception is for fraud, which was not alleged. The court also held that the tolling provision in Code of Civil Procedure section 1010.6 does not apply to notices of appeal from Labor Commissioner decisions. The court affirmed the superior court’s order dismissing the appeal as untimely. View "Dobarro v. Kim" on Justia Law

A resident of Madison County, Mississippi, received medical treatment at a hospital in Hinds County and later filed a claim with her health insurer, a foreign corporation doing business in the state. The insurer partially paid the claim but later, through its third-party administrator, asserted the hospital was out of network before eventually admitting it was in network. Despite repeated efforts by the insured to resolve the dispute, the insurer failed to pay the remaining balance or provide an explanation, ultimately stating the claim was untimely. The insured then sued the insurer and the administrator in Hinds County, seeking damages for breach of contract and related claims.The Circuit Court of Hinds County denied the insurer’s motion to dismiss or transfer venue to Madison County. Only the insurer sought and was granted an interlocutory appeal from this order. The administrator did not join the appeal.The Supreme Court of Mississippi reviewed the case, applying de novo review to the interpretation of the venue statute and abuse of discretion to the trial court’s venue ruling. The Court held that, under Mississippi Code Section 11-11-3(1)(a)(i), venue is proper where a substantial act or omission by the defendant caused the injury for which the plaintiff seeks redress. The Court found that the medical treatment in Hinds County was not a substantial event caused by the insurer that resulted in the alleged injury; rather, the alleged injury arose from the insurer’s acts or omissions related to the insurance contract, which were not tied to Hinds County. The Court overruled prior precedent to the extent it conflicted with this interpretation and concluded that venue was proper in Madison County. The judgment of the Hinds County Circuit Court was reversed and the case remanded for further proceedings in Madison County. View "National Health Insurance Company v. Lever" on Justia Law

A patient underwent a laparoscopic bilateral tubal ligation and endometrial ablation performed by a physician at a women’s clinic. About a week after the procedure, she experienced severe abdominal pain and was hospitalized for sepsis. An exploratory surgery revealed a perforated small bowel, which was surgically repaired. The patient subsequently recovered.The patient filed a medical negligence lawsuit in the Hinds County Circuit Court against the clinic and the physician, attaching the required certificate of expert consultation to her complaint. The defendants moved for summary judgment, supporting their motion with an expert affidavit. The plaintiff did not timely file an expert affidavit or testimony in response. On the day before the scheduled summary judgment hearing, she filed a response without any expert affidavit. The circuit court denied the summary judgment motion and granted her an additional thirty days to obtain an expert affidavit. After she submitted an expert affidavit and a second hearing was held, the circuit court again denied summary judgment, finding that the competing expert affidavits created a genuine issue of material fact.On interlocutory appeal, the Supreme Court of Mississippi reviewed the circuit court’s denial of summary judgment de novo and its grant of additional time for abuse of discretion. The Supreme Court held that, in medical malpractice cases, a plaintiff must produce sworn expert testimony to survive summary judgment. The court found that the plaintiff failed to provide such testimony before the initial hearing and that the circuit court abused its discretion by granting additional time without a specific finding of diligence or good faith. The Supreme Court reversed the circuit court’s judgment and rendered summary judgment in favor of the defendants. View "Lakeland Premier Women's Clinic, PLLC v. Jackson" on Justia Law

A woman with COVID-19 and multiple underlying health conditions was admitted to a hospital and then transferred to a skilled nursing facility for ongoing treatment. During her stay at the facility, she was under the care of a physician who prescribed various treatments for her COVID-19 infection. Despite these interventions, her condition deteriorated, and she developed additional complications, including pressure wounds and dehydration. After being discharged from the facility without hospice or home health arrangements, she was readmitted to the hospital, where her condition continued to decline. She was eventually discharged home under hospice care and died shortly thereafter. Her surviving spouse filed a wrongful death lawsuit, alleging that the facility and physician were negligent in her care.The District Court of Garfield County granted summary judgment in favor of the defendants, finding that they were immune from liability under both the federal Public Readiness and Emergency Preparation (PREP) Act and Oklahoma’s COVID-19 Public Health Emergency Limited Liability Act. The district court reasoned that the acts and omissions in question were incident to the provision of care for a COVID-19 patient and thus fell within the scope of the immunity statutes. The plaintiff appealed this decision.The Supreme Court of the State of Oklahoma reviewed the case de novo. It held that the defendants were not entitled to summary judgment on the basis of immunity. The court found that the defendants failed to provide evidence establishing a causal relationship between the administration or use of covered countermeasures and the plaintiff’s injuries, as required for PREP Act immunity. Additionally, the court determined that the defendants did not meet the evidentiary burden to show the requisite impact under the state COVID-19 Act, and that a genuine issue of material fact existed regarding gross negligence. The Supreme Court reversed the district court’s judgment and remanded the case for further proceedings. View "AUSTBO v. GREENBRIAR" on Justia Law

Two private-citizen members of a federally created commission, along with several federal officials, were involved in planning the United States’ 250th anniversary celebrations. The commission was established by Congress and included both federal officials and private citizens appointed by congressional leaders. After a dispute over leadership and the selection of an administrative secretariat, three commission members made public statements criticizing the commission’s Chairperson and Executive Director, alleging mismanagement and other misconduct. The Chairperson and Executive Director claimed these statements damaged their reputations and led to their removal, prompting them to file a tort action—including defamation and related claims—against the three members in Pennsylvania state court.After the complaint was filed, the Attorney General certified that the defendants were acting within the scope of their federal employment, removed the case to the United States District Court for the Eastern District of Pennsylvania, and substituted the United States as the defendant under the Westfall Act. The District Court determined that the commission members qualified as federal employees, that their statements were made within the scope of their employment, and that discovery was unnecessary. The court granted the government’s motion to dismiss, as the Federal Tort Claims Act (FTCA) does not waive sovereign immunity for defamation claims.On appeal, the United States Court of Appeals for the Third Circuit affirmed the District Court’s judgment. The Third Circuit held that the commission is a federal agency under the FTCA and Westfall Act, and that its private-citizen members are “employees of the government” for purposes of those statutes. The court further held that the defendants’ statements were made within the scope of their employment and that the District Court did not abuse its discretion in denying discovery. The dismissal was affirmed because sovereign immunity barred the plaintiffs’ claims. View "Giordano v. Hohns" on Justia Law

Residents of Jackson, Mississippi, brought a class action lawsuit alleging that the city knowingly contaminated their drinking water with lead, failed to treat the water to prevent lead leaching, and misled the public about the water’s safety. The complaint details how city officials ignored warnings about the water system’s vulnerabilities, failed to repair critical treatment equipment, switched water sources in a way that worsened contamination, and delayed notifying residents of dangerous lead levels. Plaintiffs claim they and their families suffered significant health effects, including lead poisoning and related medical and developmental issues, as a result of consuming the contaminated water.The United States District Court for the Southern District of Mississippi granted the defendants’ motion for judgment on the pleadings. The court found that the plaintiffs failed to state a substantive due process claim against the city and that the individual city officials were entitled to qualified immunity. The district court also declined to exercise supplemental jurisdiction over the state-law claims, dismissing them without prejudice.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The Fifth Circuit held that the plaintiffs plausibly alleged a violation of their Fourteenth Amendment right to bodily integrity by claiming the city affirmatively introduced toxins into the water supply, misrepresented the water’s safety, and thereby deprived residents of the ability to make informed decisions about their health. The court also formally adopted the state-created danger doctrine as a viable theory in the circuit. The court reversed the dismissal of the due process claims against the city and vacated the dismissal of the state-law claims, remanding for further proceedings. However, the court affirmed the dismissal of claims against the individual city officials on qualified immunity grounds, finding the relevant rights were not clearly established at the time. View "Sterling v. City of Jackson" on Justia Law

In August 2019, a company filed for Chapter 11 bankruptcy, with its only assets being three properties occupied by its sole member and two affiliates. Arrowhead Capital Finance, Ltd. obtained judgments against these affiliates and initiated an adversary proceeding against the debtor, seeking to hold it liable for the affiliates’ obligations. During this process, the bankruptcy trustee filed a separate adversary proceeding to recover unpaid rent from one affiliate. A settlement was reached in which Arrowhead received assignment of claims against the affiliates in exchange for releasing its own claims. The bankruptcy court approved this settlement, retaining jurisdiction over the assigned claims. Arrowhead then intervened and obtained a final judgment against the affiliates, including Royal Street Bistro, LLC (RSB).After the bankruptcy court entered judgment, RSB and another affiliate filed a notice of appeal but failed to attach a copy of the judgment as required by the bankruptcy rules. The bankruptcy court clerk issued a deficiency notice, and the corrected notice was filed ten days after the deadline. Arrowhead moved to dismiss the appeal, arguing that the failure to timely attach the judgment deprived the district court of jurisdiction. The United States District Court for the Eastern District of Louisiana dismissed the appeal, holding that the defect was jurisdictional and, alternatively, that dismissal was warranted as a discretionary sanction for noncompliance.The United States Court of Appeals for the Fifth Circuit reviewed the case. It held that failure to attach the judgment to the notice of appeal is not a jurisdictional defect under the bankruptcy rules, and that the district court abused its discretion by dismissing the appeal without considering lesser sanctions or the absence of prejudice. The Fifth Circuit reversed the district court’s dismissal and remanded the case for further proceedings. View "Royal Street Bistro v. Arrowhead Capital" on Justia Law