Justia Civil Procedure Opinion Summaries

The Ninth Circuit affirmed the district court's dismissal for lack of organizational standing of an action brought by two public interest groups against Sanderson Farms, alleging false advertising related to the use of antibiotics. The panel concluded that the groups failed to establish standing through a diversion of resources to combat Sanderson's advertising. In this case, the district court did not err by weighing the evidence and concluding that the various activities proffered by the groups were continuations of non-Sanderson-specific initiatives undertaken in furtherance of their missions to address antibiotic use generally. The panel also concluded that the California Unfair Competition Law claim fails because it is tethered to Sanderson's advertisements. View "Friends of the Earth v. Organic Consumer Ass'n" on Justia Law

Plaintiffs-Appellants Santa Fe Alliance for Public Health & Safety, Arthur Firstenberg, and Monika Steinhoff (collectively the “Alliance”) brought a number of claims under Section 704 of the Telecommunications Act of 1996 (“TCA”), New Mexico’s Wireless Consumer Advanced Infrastructure Investment Act (“WCAIIA”), the Amendments to Chapter 27 of the Santa Fe City City Code, and Santa Fe mayor proclamations. The Alliance alleged the statutes and proclamations violated due process, the Takings Clause, and the First Amendment. Through its amended complaint, the Alliance contended the installation of telecommunications facilities, primarily cellular towers and antennas, on public rights-of-way exposed its members to dangerous levels of radiation. The Alliance further contended these legislative and executive acts prevented it from effectively speaking out against the installation of new telecommunications facilities. The United States moved to dismiss under Federal Rules of Civil Procedure 12(b)(1), and (b)(6), and the City of Santa Fe moved to dismiss under Rule 12(b)(6). The district court concluded that while the Alliance pled sufficient facts to establish standing to assert its constitutional claims, the Alliance failed to allege facts stating any constitutional claim upon which relief could be granted, thus dismissing claims against all defendants, including New Mexico Attorney General Hector Balderas. The Tenth Circuit affirmed dismissal of the Alliance's constitutional claims, finding apart from the district court, that the Alliance lacked standing to raise its takings and due process claims not premised on an alleged denial of notice. Furthermore, the Court held that while the Alliance satisfied the threshold for standing as to its First Amendment and procedural due process claims (premised on the WCAIIA and Chapter 27 Amendments), the district court properly dismissed these claims under Federal Rule of Civil Procedure 12(b)(6). View "Santa Fe Alliance v. City of Santa Fe" on Justia Law

The New Hampshire Supreme Court accepted this petition for original jurisdiction filed pursuant to Supreme Court Rule 11 by the New Hampshire Division of State Police (“the Division”) to determine whether the Superior Court erred when, in the course of litigation between Douglas Trottier, formerly a police officer in the Town of Northfield, and the Northfield Police Department (“Northfield PD”), it ordered the Division (a nonparty) to produce a file related to the Division’s pre-employment background investigation of Trottier. The Division argued the trial court erred because it ordered a nonparty to produce discovery without a proper “jurisdictional basis,” such as a subpoena. It also argued the court erred when it concluded that RSA 516:36, II (2007) did not bar discovery of the pre-employment background investigation file. Although the parties never served the Division with a subpoena, the Supreme Court found that the trial court ultimately afforded the Division ample notice and the opportunity to object to disclosure of the file, and, therefore, there was no prejudicial error. Because the Supreme Court also held that RSA 516:36, II did not apply to the pre-employment background investigation file, and, therefore, the file is not shielded from discovery, it affirmed the trial court. View "Petition of New Hampshire Division of State Police" on Justia Law

This case involved a challenge to former RCW 43.43.120(23)(a) (2001), which excluded certain overtime from the calculation of the monthly pension benefit granted under the Washington State Patrol Retirement System (WSPRS). Four Washington State troopers (Troopers) hired before the statute became effective claimed this exclusion of voluntary overtime from the calculation of their monthly pensions was an unconstitutional impairment of their contract with the State in violation of article I, section 10 of the United States Constitution and article I, section 23 of the Washington State Constitution. On cross motions for summary judgment, the trial court ruled: (1) the statute of limitations was three years and accrued at retirement; (2) there remained issues of material fact regarding whether the change was offset by comparable benefits; and (3) the change was reasonable and necessary to serve a legitimate public purpose. After review of that ruling, the Washington Supreme Court affirmed the trial court’s rulings on the statute of limitations and on comparable benefits. However, the Court vacated its legitimate public purpose ruling as premature given that the issue of comparable benefits remained for trial. The matter was remanded for additional proceedings. View "Hester v. Washington" on Justia Law

Appellants Somerset Court, LLC, and Kari Riggin appealed a district court judgment dismissing their action seeking a declaratory judgment regarding the validity of the North Dakota Governor’s executive orders. This case began as a challenge to the Governor’s statutory powers in issuing executive orders during the COVID-19 pandemic relating to the operations of certain North Dakota businesses. In April 2020, Somerset, an assisted living facility with an in-house salon, and Riggin, a licensed cosmetologist operating the salon as an independent contractor, claimed the executive orders prohibited Somerset and Riggin from engaging in their business and profession, and placed limitations as to their business and profession. Appellants argued the executive orders were beyond the Governor’s statutory powers; the executive orders involved fundamental rights requiring the application of the strict scrutiny standard of review; and that a declaratory judgment should have been issued as a matter of law and enforced by an appropriate writ. Because Appellants failed to adequately challenge the district court’s conclusion the case was moot, the North Dakota Supreme Court affirmed. View "Somerset Court, et al. v. Burgum, et al." on Justia Law

The Second Circuit vacated the district court's grant of defendants' Rule 12(b)(6) motion to dismiss plaintiff's claim as time-barred. The court held that plaintiff's disability discrimination claim arises under the Affordable Care Act for the purposes of 28 U.S.C. 1658(a), which grants a four-year catchall statute of limitations period for all Acts of Congress enacted after December 1, 1990, and thus the district court erred in applying a three-year statute of limitations period. Accordingly, the court remanded for further proceedings. View "Vega-Ruiz v. Northwell Health" on Justia Law

In this case, the Idaho Supreme Court was asked to revisit its decision in Idaho v. Clarke, 446 P.3d 451 (2019), and determine whether its holding was applicable in an administrative proceeding regarding the suspension of driving privileges based on an alleged case of driving under the influence (“DUI”). The Idaho Transportation Department (“ITD”) appealed a district court’s decision overturning its one-year suspension of Jasmine Reagan’s driving privileges. ITD based the administrative license suspension (“ALS”) on Reagan’s arrest for misdemeanor driving under the influence of alcohol and the results of subsequent testing of her blood alcohol content (“BAC”). The arresting officer, acting on a citizen’s report of a possible intoxicated driver, did not personally witness Reagan operating or in control of a vehicle. Reagan failed field sobriety tests administered at her home and, after being arrested, failed a breathalyzer test. Reagan received notice that her driver’s license was suspended for one year, which she appealed. An administrative hearing officer for ITD, relying on Idaho Code section 49-1405, upheld the license suspension. However, on appeal the district court overturned the suspension pursuant to Clarke, reasoning that because the misdemeanor DUI was completed outside the officer’s presence, the arrest required a warrant. On certiorari review, the issues presented were: (1) whether the breathalyzer test was administered pursuant to a lawful arrest; and (2) if the arrest was unlawful, whether test results obtained pursuant to an unlawful arrest are admissible in an ALS hearing before the ITD. The SupremeCourt concluded Idaho Code section 49-1405, as applied in this case, violated the Idaho Constitution. Accordingly, the Court affirmed the district court's decision to overturn ITD's suspension of Reagan's license. View "Reagan v. Idaho Transportation Department" on Justia Law

Defendants, the State of New Hampshire, the New Hampshire Department of Education (DOE), Governor Christopher Sununu, and the Commissioner of DOE, Frank Edelblut (collectively, the State), appealed a superior court decision denying, in part, the State’s motion to dismiss and denying its cross-motion for summary judgment, granting plaintiffs’ motion for summary judgment on grounds that the amount of per- pupil base adequacy aid set forth in RSA 198:40-a, II(a) (Supp. 2020) to fund an adequate education was unconstitutional as applied to the plaintiff school districts, and awarding plaintiffs attorney’s fees. Plaintiffs, Contoocook Valley School District, Myron Steere, III, Richard Cahoon, Richard Dunning, Winchester School District, Mascenic Regional School District, and Monadnock Regional School District, cross-appealed the trial court’s failure to find RSA 198:40-a, II(a) facially unconstitutional; its determinations regarding the sufficiency of the State’s funding of transportation, teacher benefits, facilities operations and maintenance, and certain services; its failure to find that the State’s system of funding education violates Part II, Article 5 of the State Constitution; and its denial of their request for injunctive relief; and its dismissal of their claims against the Governor and the Commissioner. The New Hampshire Supreme Court affirmed the trial court’s dismissal of the Governor and the Commissioner in their individual capacities, and its denials of the State’s motion to dismiss for failure to state a claim, the State’s cross-motion for summary judgment, and plaintiffs’ request for injunctive relief. However, the Court reversed that portion of the trial court’s order granting plaintiffs’ motion for summary judgment and awarding attorney’s fees, and remanded for further proceedings. View "Contoocook Valley School District v. New Hampshire" on Justia Law

Greg and Cyndi Gomersall filed suit on behalf of their minor child, W.G.G., claiming he received negligent medical treatment at St. Luke’s Regional Medical Center (SLRMC) in Boise when he was injured in December 2010. W.G.G. was 6 years old at the time of the incident. The Gomersalls filed suit against SLRMC on January 25, 2019, more than eight years after W.G.G. was alleged to have been injured. SLRMC moved for summary judgment on the basis that the Gomersalls’ medical malpractice action was time-barred under Idaho Code sections 5-219(4) and 5-230. The district court granted SLRMC’s motion and dismissed the complaint with prejudice. The Gomersalls contended on appeal to the Idaho Supreme Court that the district court erred because Idaho Code section 5-230 was unconstitutional. Specifically, they argued that section 5-230 violated W.G.G.’s due process and equal protection rights by failing to toll the statute of limitations for medical malpractice claims until the age of majority. They also contended the district court erred when it held that the doctrine of equitable estoppel did not preclude SLRMC’s statute of limitations defense. Finding no reversible error, the Supreme Court affirmed the district court’s decision granting summary judgment in favor of SLRMC. View "Gomersall v. St. Luke's Regional Medical Center" on Justia Law

The Second Circuit affirmed the district court's dismissal of plaintiff's complaint against the New York Times. Plaintiff alleged defamation based on the Times's print and online articles about gender bias, favoritism, and groping at the Justice Department. The article details a Times investigation into a series of complaints, using records derived from an EEOC complaint and a sex discrimination and retaliation suit. One of the declarations described an incident between plaintiff and an intern. Plaintiff alleged that the language from this declaration was false and defamatory per se and that the fair report privilege did not apply.The court concluded that the district court performed the proper choice-of-law analysis, applying New York law to the conflict; correctly reasoned that New York was the state with the most significant interests in the litigation and applied New York's fair report privilege; and then properly dismissed plaintiff's complaint as barred by the fair report privilege because the alleged defamatory statement was attributed to an official proceeding. View "Kinsey v. New York Times Co." on Justia Law