Justia Civil Procedure Opinion Summaries

Alan Juliuson rented three tracts of farmland from various owners, collectively referred to as Johnson, for over 40 years. In 2018, he contracted to farm the property until December 2021, with an option to renew and a right of first refusal to purchase the property. Towards the end of the lease, Johnson proposed new lease terms that increased the rent, removed the right of first refusal, and included a termination clause if the property was sold. Juliuson did not respond to these terms and later offered to purchase the property, which Johnson rejected, selling it instead to Bjerke Holdings, LLLP.Juliuson sued Johnson, Bjerke, and Farmers National Company (FNC) for various claims, including breach of contract, specific performance, and deceit. The district court dismissed several claims through summary judgment and ruled against Juliuson on others after a jury trial. The jury found no breach of the right of first refusal or the option to renew. Juliuson’s post-trial motions for judgment as a matter of law were denied.The North Dakota Supreme Court reviewed the case and affirmed the district court’s decisions. The court held that sufficient evidence supported the jury’s verdict that Johnson did not breach the lease renewal option or the right of first refusal. The court also upheld the dismissal of Juliuson’s claims for specific performance, finding no breach of contract to warrant such a remedy. Additionally, the court affirmed the dismissal of the claims for breach of the implied covenant of good faith and fair dealing and deceit, as these claims were not supported by independent tortious conduct separate from the alleged breach of contract. The district court’s judgment dismissing Juliuson’s claims with prejudice was affirmed. View "Juliuson v. Johnson" on Justia Law

The case involves the District of Columbia's Consumer Protection Procedures Act (CPPA) claims against Facebook, Inc. stemming from the Cambridge Analytica data leak. In 2018, it was revealed that Cambridge Analytica had improperly obtained data from millions of Facebook users through a third-party application developed by Aleksandr Kogan. The District of Columbia alleged that Facebook violated the CPPA by unintentionally misleading consumers about data accessibility to third-party applications, Facebook's enforcement capabilities, and failing to disclose the data breach in a timely manner.The Superior Court of the District of Columbia granted summary judgment in favor of Facebook, concluding that the District had to prove its CPPA claims by clear and convincing evidence. The court found that Facebook's disclosures were accurate and that no reasonable consumer could have been misled. Additionally, the court excluded the testimony of the District's expert witness, Dr. Florian Schaub, criticizing his analytical methods and analysis.The District of Columbia Court of Appeals reviewed the case and held that CPPA claims based on unintentional misrepresentations need only be proved by a preponderance of the evidence, not by clear and convincing evidence. The court reversed the trial court's summary judgment decision and remanded the case for reconsideration under the correct burden of proof. The appellate court also reversed the trial court's exclusion of Dr. Schaub's testimony, finding that the trial court's reasoning was insufficient and remanded for further analysis and explanation.The main holding of the District of Columbia Court of Appeals is that CPPA claims based on unintentional misrepresentations require proof by a preponderance of the evidence, and the exclusion of expert testimony must be supported by a thorough analysis consistent with the standards set forth in Motorola Inc. v. Murray. View "District of Columbia v. Facebook, Inc." on Justia Law

Plaintiffs-Appellants, owners of bonds issued by the Puerto Rico Sales Tax Financing Corporation (COFINA), sued the United States, alleging a taking of their property under the Fifth Amendment due to the enactment of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). They claimed that the restructuring of COFINA's debts under PROMESA resulted in a significant loss of the principal and interest value of their bonds and their security interest.The United States Court of Federal Claims determined it had subject matter jurisdiction over the case but dismissed it for failure to state a claim. The court found that the enactment of PROMESA by Congress did not constitute sufficient federal government action to support a takings claim. The court reasoned that the actions of the Puerto Rico Oversight Board, which was created by PROMESA and acted autonomously, could not be attributed to the United States as coercive or as an agency relationship.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the decision of the Claims Court. The Federal Circuit held that PROMESA did not displace Tucker Act jurisdiction, as there was no clear congressional intent to withdraw the Tucker Act remedy. The court also agreed with the Claims Court that the United States did not exert coercive control over the Oversight Board's actions, which were necessary to establish a taking. The court concluded that the plaintiffs could not establish that the United States was liable for the alleged taking of their property. The court also found no abuse of discretion in the Claims Court's decision to deny the plaintiffs' request to amend their complaint. View "DINH v. US " on Justia Law

Paul Kim, a California resident, purchased an Airstream motorhome from a dealer in California. The warranty agreement for the motorhome included an Ohio choice of law provision and an Ohio forum selection clause. Kim sued Airstream in California, alleging violations of the Song-Beverly Consumers Warranty Act. Airstream moved to stay the lawsuit in favor of the Ohio forum, citing the forum selection clause. Kim opposed, arguing that enforcing the forum selection clause would diminish his unwaivable rights under the Song-Beverly Act.The Superior Court of Los Angeles County severed the choice of law provision as illegal under the Song-Beverly Act’s waiver prohibition but granted Airstream’s motion to stay, concluding that enforcing the forum selection clause would not diminish Kim’s unwaivable California rights. The court relied on Airstream’s stipulation to apply the Song-Beverly Act in the Ohio forum.The California Court of Appeal, Second Appellate District, reviewed the case. The court affirmed the lower court’s decision to sever the choice of law provision but reversed the decision to stay the case. The appellate court held that Airstream’s stipulation was insufficient to meet its burden of proving that enforcing the forum selection clause would not diminish Kim’s unwaivable rights. The court instructed the trial court to allow Airstream the opportunity to demonstrate that Ohio conflict of law principles would require the application of the Song-Beverly Act to Kim’s claims, thereby protecting his unwaivable rights. The case was remanded for further proceedings consistent with this opinion. View "Kim v. Airstream" on Justia Law

Plaintiffs filed a class action lawsuit in state court against Defendants, alleging violations of state securities laws. Defendants removed the case to federal court under the Securities Litigation Uniform Standards Act (SLUSA), arguing that the case involved covered securities. Plaintiffs amended their complaint to exclude any claims related to covered securities, leading the district court to remand the case to state court. After three years of state court litigation, Defendants removed the case again, citing an expert report that allegedly identified covered securities. The district court remanded the case again and awarded Plaintiffs $63,007.50 in attorneys' fees.The United States District Court for the District of South Carolina initially denied Plaintiffs' motion to remand but later granted it after Plaintiffs amended their complaint. The court found that the amended complaint excluded any claims related to covered securities, thus SLUSA did not apply, and no federal question remained. After Defendants removed the case a second time, the district court remanded it again and awarded attorneys' fees, finding the second removal lacked a reasonable basis.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's award of attorneys' fees. The court held that the second removal was improper because the amended complaint explicitly excluded claims related to covered securities, and thus SLUSA did not apply. Additionally, the court found that the removal was objectively unreasonable, as the district court had already addressed the issues in its first remand order. The Fourth Circuit also denied Plaintiffs' request for additional attorneys' fees for defending the appeal, stating that 28 U.S.C. § 1447(c) does not authorize fee awards on appeal. View "Black v. Mantei & Associates, Ltd." on Justia Law

Robert Redland's parents accumulated ranching property in the Big Horn Basin, which Robert and his wife, Irene, later purchased. They raised their five children on these properties and created the Robert and Irene Redland Family Trust in 1989 to manage the ranch properties. Robert promised his children that all ranch properties would be placed in the trust, except for the Manderson Place, which would be placed in the trust after his and Irene's deaths. In 2007, Robert and Irene sold an 11-acre parcel of the Manderson Place to their daughter Lisa and her husband, Mike Kimsey. The Redland Children discovered that the Manderson Place and other properties were not in the trust and sued Robert and the Kimseys.The District Court of Big Horn County initially ruled that Robert must transfer the disputed properties to the trust, including the 11 acres sold to the Kimseys. However, the court later amended its judgment, removing the requirement for the 11 acres to be transferred to the trust, as the Redland Children had not stated a claim against the Kimseys for the return of the 11 acres. The Redland Children did not appeal this amendment.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision, except for the provision regarding the Manderson Place, which it ordered to be transferred to the trust immediately, subject to a life estate in Robert. The district court then issued a judgment excluding the 11 acres from the trust, which the Redland Children appealed.The Wyoming Supreme Court held that its previous decision did not require the 11 acres to be transferred to the trust and that the district court did not abuse its discretion in denying the Redland Children's motions to amend their complaint and for attorney fees. The court affirmed the district court's judgment exempting the 11 acres from being transferred to the trust. View "Redland v. Kimsey" on Justia Law

Samantha Long, a former Clerk of the Town Justice Court for the Town of New Lebanon, filed a lawsuit against the Town of New Lebanon and Jessica Byrne, a former Town Justice. Long alleged that she was unlawfully terminated in retaliation for cooperating with an investigation by the New York State Commission on Judicial Conduct into Byrne’s suspected judicial misconduct. Long claimed that she provided specific case files to the Commission and refused to discuss the investigation with Byrne, which led to her termination. She argued that her termination violated her First Amendment rights and her rights under New York State Civil Service Law § 75-b.The United States District Court for the Northern District of New York dismissed Long’s claims. The court concluded that Long’s actions were not protected by the First Amendment because they were part of her official duties as Court Clerk and did not constitute protected citizen speech. Consequently, the court declined to exercise supplemental jurisdiction over Long’s Section 75-b claim.The United States Court of Appeals for the Second Circuit reviewed the case. The court vacated the district court’s judgment and remanded the case for further proceedings. The appellate court held that Long’s complaint adequately alleged that she acted as a private citizen, not pursuant to her work responsibilities, when she cooperated with the Commission’s investigation and refused to discuss it with Byrne. The court emphasized that Long’s refusal to discuss the investigation with Byrne was not within the scope of her job duties and that her cooperation with the Commission was motivated by a sense of civic duty rather than employment-related responsibilities. The court also vacated the district court’s dismissal of Long’s state-law claim under Section 75-b, as the legal premise for the dismissal was defeated by the reinstatement of her First Amendment claim. View "Long v. Byrne" on Justia Law

Cable Matters Inc. sought a use variance from the zoning board of appeals of Northborough to build a 20,000 square foot warehouse in an industrial zoning district. The property is also within the town's groundwater protection overlay district, which does not permit warehouses. The zoning board granted the variance, and the planning board later issued a special permit with conditions, including restrictions on storage, lighting, landscaping, delivery hours, and driveway use.The plaintiffs, who live across the street from the proposed warehouse, appealed the zoning board's decision to the Superior Court, arguing they were aggrieved by the potential noise, light, vibration, odors, and loss of open space. The Superior Court judge granted summary judgment for Cable Matters, concluding that the plaintiffs lacked standing as they failed to show they were aggrieved by the zoning board's decision. The judge found that the plaintiffs' claims were speculative and not supported by credible evidence.The plaintiffs appealed to the Appeals Court, which vacated the judgment, instructing the judge to consider potential future uses of the warehouse. The Supreme Judicial Court of Massachusetts reviewed the case and concluded that the Superior Court judge correctly assessed the plaintiffs' standing based on Cable Matters's proposed use. The court held that potential future uses unsupported by the record should not be considered in determining standing. The court affirmed the Superior Court's order dismissing the plaintiffs' complaint for lack of standing. View "Stone v. Zoning Board of Appeals of Northborough" on Justia Law

Michael J. Kiely, an Irish resident, and MDMK Ltd., an Irish corporation, filed a lawsuit against HYPH (USA), Inc., HYPH Corporation, XHAIL, Inc., and several individual defendants. The plaintiffs alleged that the defendants conspired to fraudulently induce Kiely to sell shares of a company he founded at a significant discount, subsequently transferring most of those shares to a new company, thereby depriving Kiely of any ownership interest in the new company.The Superior Court of Los Angeles County granted the defendants' motion to stay or dismiss the action, determining that the case should be heard in Sweden based on a mandatory forum selection clause and traditional forum non conveniens grounds. The court found that Sweden was a suitable alternative forum and that both private and public interest factors weighed in favor of Sweden as the forum. The plaintiffs appealed the decision, contesting both grounds of the ruling.The California Court of Appeal, Second Appellate District, reviewed the case and concluded that the trial court did not abuse its discretion in determining that private and public interest factors favored Sweden as the forum. The appellate court held that the trial court properly stayed the action on the alternative independent ground of traditional forum non conveniens. Additionally, the appellate court addressed the impact of the California Supreme Court's decision in EpicentRx, Inc. v. Superior Court on the plaintiffs' claim that the enforcement of the forum selection clause operated as an "implied waiver" of their jury trial right. The appellate court affirmed the trial court's order, finding that the enforcement of the forum selection clause did not violate California public policy regarding the right to a jury trial. View "Kiely v. Hyph (USA), Inc." on Justia Law

In the 1950s, Goodrich Corporation built a vinyl-manufacturing complex in Calvert City, Kentucky, and used unlined ponds for hazardous waste disposal. In 1988, the EPA declared the site a Superfund site. Goodrich sold the complex to Westlake Vinyls, Inc. in the 1990s, agreeing to cover future cleanup costs. In 2000, PolyOne Corporation (now Avient Corporation) assumed Goodrich’s responsibilities. Disputes arose over cleanup costs, leading to a 2007 settlement agreement that included arbitration provisions for future cost allocations.The United States District Court for the Western District of Kentucky previously reviewed the case. Avient had twice sought arbitration under the agreement, first in 2010 and again in 2017. In 2018, Avient challenged the arbitration provisions' validity, but the district court held that Avient had waived this argument by initiating arbitration. The court enforced the arbitration award, and Avient did not challenge this decision. In 2022, Westlake demanded arbitration, and Avient again claimed the arbitration provisions were invalid. The district court granted summary judgment to Westlake, holding that Avient’s challenge was waived and barred by res judicata and judicial estoppel.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the district court’s judgment but on different grounds. The court held that the settlement agreement’s provision for de novo judicial review of arbitration awards was invalid under the Federal Arbitration Act, as established in Hall Street Associates, L.L.C. v. Mattel, Inc. However, the court found that this invalid provision could be severed from the agreement without affecting the economic and legal substance of the transactions contemplated by the parties. Therefore, the arbitration provisions remained valid and enforceable. The court affirmed the district court’s judgment. View "Avient Corp. v. Westlake Vinyls, Inc." on Justia Law