Justia Civil Procedure Opinion Summaries

In this gerrymandering action, brought exclusively under the North Carolina Constitution against certain state legislators, the Fourth Circuit held that the district court did not err in remanding because the Legislative Defendants do not have an enforcement role within the meaning of the Refusal Clause of 28 U.S.C. 1443(2). Consequently, the court need not address whether the Legislative Defendants refused to act or whether they asserted a colorable conflict with federal law. The court also held that the district court did not abuse its discretion in declining to award fees and costs, because the legislators removed within the statutorily mandated time limit and adhered to the district court's expedited briefing schedule. Accordingly, the court affirmed the district court's judgment. View "Common Cause v. Lewis" on Justia Law

Audrie, the Potts’ daughter, was sexually assaulted while unconscious from intoxication. Her assailants distributed intimate photographs of her. Audrie committed suicide. The Potts, as the registered successors-in-interest to “deceased personality” rights for Audrie under Civil Code 3344.1, authorized the use of Audrie’s name and likeness in a documentary. The Potts sued Lazarin under section 3344.1, claiming that Lazarin (who claims to be Audrie’s biological father) had used Audrie’s name and likeness "for the purpose of advertising services” without their consent. Lazarin admitted that he had displayed Audrie’s photograph “to change the law regarding parental rights” but argued that he had not acted to promote “goods or services.” The Potts submitted evidence that Lazarin solicited donations for a suicide prevention group, using Audrie’s name and photograph. Lazarin brought an unsuccessful special motion to strike the complaint under Code of Civil Procedure 425.16.The court of appeal reversed. Lazarin made a prima facie showing that the Potts’ suit was based on his “written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.” The Potts failed to establish that there was a “probability” that they would “prevail” on their Civil Code section 3344.1 suit; they did not show that Lazarin “misappropriate[ed] the economic value generated by [Audrie’s] fame through the merchandising” of her name or likeness. View "Pott v. Lazarin" on Justia Law

The Fifth Circuit reversed and vacated the district court's order denying vacatur of sealing orders. The court held that the decision denying vacatur of the sealing orders is appealable under the collateral order doctrine, because the decision is conclusive; the decision addresses important and unsettled questions of law concerning the Louisiana Public Records Law and appellants' First Amendment and common law rights to access settlement agreement information contained in a sealed court recording and sealed minutes, particularly where a minor's privacy interests are involved; the subject of the decision is completely separable from the merits of the litigation; and the decision would be effectively unreviewable on appeal from final judgment.On the merits, the court held that the district court abused its discretion in denying appellants' motion for vacatur by relying on erroneous conclusions of law and misapplying the law to the facts. In this case, the settlement agreement involves public officials or parties of a public nature and matters of legitimate public concern, and it does not appear that the district court weighed as a factor in favor of disclosure the presumption of the public's right of access. View "Bradley v. Ackal" on Justia Law

The plaintiffs, current and former inmates of the Illinois Department of Corrections (IDOC), have been diagnosed with hepatitis C. They filed suit against IDOC, Wexford (which provides inmate health services) and doctors more than 10 years ago after fruitless efforts to receive treatment for their disease while incarcerated. Their 42 U.S.C. 1983 complaint alleges that the diagnostic and treatment protocols for IDOC inmates with hepatitis C violate the Eighth and Fourteenth Amendments.The Seventh Circuit reversed the grant of class certification and vacated a preliminary injunction. After discussing numerosity and commonality of facts and issues, the court noted that the district court failed to name a class representative or explain its omission, leaving no way to assess the adequacy of representation. On the assumption that the court would have accepted the proposed representatives, the record does not reveal whether they would be adequate. The lack of a named representative also makes it impossible to find typicality--that the “claims or defenses of the representative parties are typical of the claims or defenses of the class.” The individual plaintiffs have not shown that they are likely to suffer irreparable harm absent the preliminary injunction, so it was error to grant injunctive relief. View "Orr v. Shicker" on Justia Law

In 1996, Intersal, a marine salvage company, discovered the shipwreck of the Queen Anne’s Revenge off the North Carolina coast. North Carolina, the shipwreck’s legal owner, contracted with Intersal to conduct recovery. Intersal hired videographer Allen to document the efforts. Allen recorded the recovery for years. He registered copyrights in all of his works. When North Carolina published some of Allen’s videos and photos online, Allen sued for copyright infringement, arguing that the Copyright Remedy Clarification Act of 1990 (CRCA, 17 U.S.C. 511(a)) removed the states’ sovereign immunity in copyright infringement cases.The Supreme Court affirmed the Fourth Circuit, ruling in favor of North Carolina. Congress lacked the authority to abrogate the states’ immunity from copyright infringement suits in the CRCA. A federal court may not hear a suit brought by any person against a nonconsenting state unless Congress has enacted “unequivocal statutory language” abrogating the states’ immunity from suit and some constitutional provision allows Congress to have thus encroached on the states’ sovereignty. Under existing precedent, neither the Intellectual Property Clause, Art. I, section 8, cl. 8, nor Section 5 of the Fourteenth Amendment, which authorizes Congress to “enforce” the commands of the Due Process Clause, provides that authority. View "Allen v. Cooper" on Justia Law

Aliens who lived in the U.S. committed drug crimes and were ordered removed. Neither moved to reopen his removal proceedings within 90 days, 8 U.S.C. 1229a(c)(7)(C)(i). Each later unsuccessfully asked the Board of Immigration Appeals to reopen their removal proceedings, arguing equitable tolling. Both had become eligible for discretionary relief based on judicial and Board decisions years after their removal. The Fifth Circuit denied their requests for review, holding that under the Limited Review Provision, 8 U.S.C. 1252(a)(2)(D), it could consider only only “constitutional claims or questions of law.”The Supreme Court vacated. The Provision’s phrase “questions of law” includes the application of a legal standard to undisputed or established facts. The Fifth Circuit had jurisdiction to consider claims of due diligence for equitable tolling purposes. A strong presumption favors judicial review of administrative action and a contrary interpretation of “questions of law” would result in a barrier to meaningful judicial review. The Provision’s statutory context, history, and precedent contradict the government’s claim that “questions of law” excludes the application of the law to settled facts. Congress has consolidated virtually all review of removal orders in one proceeding in the courts of appeals; the statutory history suggests it sought an “adequate substitute” for habeas review. If “questions of law” in the Provision does not include the misapplication of a legal standard to undisputed facts, then review would not include an element that was traditionally reviewable in habeas proceedings. View "Guerrero-Lasprilla v. Barr" on Justia Law

ESN, an African-American-owned television-network operator, sought to have cable television conglomerate Comcast carry its channels. Comcast refused, citing lack of demand, bandwidth constraints, and a preference for different programming. ESN alleged that Comcast violated 42 U.S.C. 1981, which guarantees “[a]ll persons . . . the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.” The Ninth Circuit reversed the dismissal of the suit, holding that ESN needed only to plead facts plausibly showing that race played “some role” in the decision-making process.The Supreme Court vacated. A section 1981 plaintiff bears the burden of showing that the plaintiff’s race was a but-for cause of its injury; that burden remains constant over the life of the lawsuit. The statute’s text suggests but-for causation and does not suggest that the test should be different in the face of a motion to dismiss. When the “motivating factor” test was added to Title VII in the Civil Rights Act of 1991, Congress also amended section 1981 without mentioning “motivating factors.” The burden-shifting framework of McDonnell Douglas provides no support for the reading ESN seeks. The court of appeals should determine how ESN’s amended complaint fares under the proper standard. View "Comcast Corp. v. National Association of African-American Owned Media" on Justia Law

At issue in consolidated appeals before the Alaska Supreme Court were the custody proceedings involving the same child before two courts of independent sovereignty: the State of Alaska and the Native Village of Barrow (NVB). A child custody case was initiated in the Utqiagvik superior court. Thereafter, NVB, through its tribal court, took custody of the child in a tribal child in need of aid (CINA) case. In 2016 the superior court ultimately denied the mother’s state court motion to modify custody. NVB sought to intervene in the state custody case, but the superior court denied its motion. The mother appealed the superior court’s denial of her motion to modify custody; NVB appealed the order denying its motion to intervene. The Alaska Supreme Court determined that under the Indian Child Welfare Act (ICWA), a superior court receiving a tribal court order to determine whether the order was issued in an ICWA-defined child custody proceeding and, if it was, was mandated to follow ICWA section 1911(d)’s full faith and credit mandate. The superior court erred in ruling that the NVB tribal court lacked jurisdiction without following the procedures underlying the process for giving full faith and credit to a tribal court order. View "Native Village of Barrow v. Williams" on Justia Law

The judges of Benton and Franklin Counties (Washington) superior court issued local rules ordering the county clerk to maintain paper files of court documents. Believing electronic files were preferable, Michael Killian, the clerk of Franklin County, refused, and the judges sought a writ of mandamus to compel him to comply. The superior court issued the writ. After review, the Washington Supreme Court vacated the writ. The judges responded with an alternative plan, asking for a declaratory judgment. The Washington Supreme Court determined the writ of mandamus should have never been issued because the judges had an adequate alternative remedy available to them. Regardless, the Supreme Court determined the county clerk, not the judges, got to select the open, accessible format in which court documents were safely and accessibly maintained. View "Judges of Benton and Franklin Counties v. Killian" on Justia Law

Bennett was assigned to Cook County Jail Division 10, which houses detainees who need canes, crutches, or walkers. He filed suit under the Americans with Disabilities Act, 42 U.S.C. 12131–34, and the Rehabilitation Act, 29 U.S.C.794, alleging that Division 10 lacks grab bars and other necessary fixtures. Bennett claims that he fell and was injured. He unsuccessfully sought to represent a class. The court reasoned that the appropriate accommodation of any detainee’s situation depends on personal characteristics, so common questions do not predominate under FRCP 23(b)(3). Bennett proposed an alternative class to avoid person-specific questions, contending that Division 10, which was constructed in 1992, violates 28 C.F.R. 42.522(b)'s requirement that as of “1988 … construction[] or alteration of buildings” must comply with the Uniform Federal Accessibility Standards. The Standards require accessible toilets to have grab bars nearby and accessible showers to have mounted seats. The district court rejected this proposal, reasoning that to determine whether the Structural Standards control, thereby mooting the reasonable accommodation inquiry, would require a ruling on the merits, which would “run[] afoul of the rule against one-way intervention.”The Seventh Circuit vacated. The "view that a class cannot be certified unless the plaintiff has already prevailed on the central legal issue is a formula for one-way intervention rather than a means to avoid it." Bennett proposes a class that will win if the Standards apply and were violated, to detainees’ detriment and otherwise will lose. View "Bennett v. Dart" on Justia Law