Justia Civil Procedure Opinion Summaries

In 2012, the North Mac School District adopted a resolution of intent to issue working cash bonds in the amount of $2,000,000. Bettis filed a petition, seeking to submit the proposition to the voters at the April, 2013 election. Marsaglia and O’Neal filed objections to the petition on seven bases, including that the petition sheets were neither numbered nor securely bound, as required by the Election Code, 10 ILCS 5/28-3. The electoral board sustained the objections. Bettis sought judicial review. The caption of the petition identified only Marsaglia and O’Neal as opposing parties, but Bettis also served, by certified mail, all members of the electoral board, counsel for the board, counsel for the objectors, and the District Secretary. The circuit court dismissed. The appellate court affirmed, noting that the appeal was moot because the election had passed, but holding that failure to serve the electoral board as a separate legal entity required dismissal. The Illinois Supreme Court reversed, stating that courts may not add to or subtract from the requirements listed in the statute, which does not require the naming of parties and does not require that a copy of the electoral board’s decision be attached.View "Bettis v. Marsaglia" on Justia Law

This class action arose out of the termination of approximately 7,600 former teachers and other permanent employees of the Orleans Parish School Board (OPSB) as a result of Hurricane Katrina and the State of Louisiana’s subsequent takeover of Orleans Parish schools. Although the district court denied defendants’ exceptions of res judicata, a five judge panel of the court of appeal unanimously found that res judicata ordinarily would apply to the facts of this case, but that exceptional circumstances barred its application. The Louisiana Supreme Court granted two writ applications to determine whether the doctrine of res judicata barred plaintiffs’ claims against the OPSB and/or the State defendants, and, if not, whether the OPSB and/or the State defendants violated the plaintiffs’ due process rights in relation to the plaintiffs’ terminations. The Supreme Court agreed with the court of appeal that res judicata applied but found no exceptional circumstances that would preclude its application. Furthermore, the Court found that, even if res judicata did not apply to certain parties’ claims, neither the OPSB nor the State defendants violated plaintiffs’ due process rights.View "Oliver v. Orleans Parish School Board" on Justia Law

In 2005 Greene and his wife had filed for Chapter 7 bankruptcy and obtained a discharge from all their debts except federal student loan debt of $207,000. As part of the bankruptcy case they sought an order that the Department of Education cancel their debt on the ground that having to repay it would inflict undue hardship. The Greenes claimed that the statute of limitations prohibited collection of their loans, penalties and interest on the loans were caused by the DOE’s negligence, and the loans should be discharged as reparations for slavery and discrimination.” The Seventh Circuit rejected the undue hardship defense on the ground that “the Greenes initiated this case and the DOE has not counterclaimed or sought any judgment … there is no actual controversy.” In 2010 the Department began to garnish Greene’s wages and he sought an injunction. The DOE counterclaimed. The district court ordered Greene to pay the debt. The Seventh Circuit affirmed, holding that DOE’s counterclaim was not barred by res judicata, collateral estoppel, or failure to make a compulsory counterclaim in the bankruptcy proceeding.View "Greene v. U.S. Dep't of Educ." on Justia Law

Sallie Mae, real party in interest, appealed an order awarding plaintiffs attorney fees and costs after plaintiffs successfully opposed Sallie Mae's motion to quash a business records subpoena seeking electronically stored information regarding student loans. The court concluded that the trial court did not err by concluding that Sallie Mae lacked substantial factual justification for refusing to comply with the second subpoena. Therefore, the award of attorney fees was not an abuse of discretion and the court affirmed the judgment.View "Vasquez v. CA School of Culinary Arts" on Justia Law

The Louisiana legislature established the Scholarship Program in 2012 to provide funding to low-income parents with children in failing schools so that they may have the option of sending them to better schools, including private schools, of their own choosing. Parents seek to intervene in this litigation between Louisiana and the federal government over the state's voucher program. The court concluded that the parents met the requirements for intervention as of right and reversed the district court's denial of their motion to intervene. View "Brumfield, et al. v. Dodd, et al." on Justia Law