Justia Civil Procedure Opinion Summaries

A lawyer representing an environmental group sought disability accommodations under California Rule of Court 1.100 due to his bipolar disorder. The accommodations requested included extensions of time for briefing deadlines and relief from procedural obligations in a case challenging the approval of a timber harvest plan by the California Department of Forestry and Fire Protection (CalFIRE). The trial court had previously granted six similar requests over eight months but denied the seventh request, leading to this appeal.The Sonoma County Superior Court had partially granted the environmental group's petition for a writ of mandate, finding deficiencies in CalFIRE's approval of the timber harvest plan regarding geologic, biologic, and cultural resources. However, the court rejected the group's claim that CalFIRE's delayed and incomplete response to public comments rendered the approval defective. Dissatisfied with this partial victory, the group appealed, arguing that the trial court's denial of the seventh accommodation request prevented a full and fair opportunity to litigate the issue.The California Court of Appeal, First Appellate District, Division Four, reviewed the case and upheld the trial court's decision. The appellate court found that the trial court acted within its discretion in denying the seventh request for accommodation. The court noted that the trial court had already granted multiple extensions and that further delays would create an undue burden and fundamentally alter the nature of the expedited California Environmental Quality Act (CEQA) proceeding. The appellate court emphasized that the environmental group had the option to retain additional counsel to avoid further delays, which it failed to do. The judgment was affirmed, and the respondents were awarded their costs on appeal. View "Friends of the So. Fork Gualala v. Dept. of Forestry & Fire Protection" on Justia Law

In April 2020, the City of Upland approved the development of a 201,096 square-foot warehouse/parcel delivery service building. The City adopted a mitigated negative declaration (MND) for the project under the California Environmental Quality Act (CEQA). Upland Community First (UCF) filed a petition for a writ of mandate, claiming the project violated CEQA due to potential significant impacts on greenhouse gas (GHG) emissions, traffic, and air quality. UCF argued that an environmental impact report (EIR) should have been prepared.The Superior Court of San Bernardino County granted UCF’s petition, finding insufficient evidence to support the City’s use of two quantitative thresholds for measuring the project’s cumulative impacts on GHG emissions. The court ordered the City to set aside its resolutions approving the MND and other project approvals to address the sufficiency of evidence supporting the City’s threshold of significance for GHG emissions. Both UCF and Bridge Development Partners, LLC, the project developer, appealed the judgment.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court found that substantial evidence supported the City’s use of the 3,000 metric tons of carbon dioxide equivalent per year (MTCO2 e/yr.) threshold for measuring the significance of the project’s GHG emissions. The court concluded that the project’s GHG emissions would be below this threshold, thus not significantly impacting the environment. The court also found no merit in UCF’s claims regarding the project’s impacts on traffic, air quality, and GHG emissions. Consequently, the court reversed the judgment and directed the lower court to enter judgment in favor of the City and Bridge. View "Upland Community First v. City of Upland" on Justia Law

The case involves the environmental review of commercial aquarium fishing permits in Hawai‘i. In 2017, the Hawai‘i Supreme Court ruled that the permitting process for commercial aquarium collection must undergo environmental review under the Hawai‘i Environmental Policy Act (HEPA). Following this ruling, the Environmental Court voided all existing permits and enjoined the Department of Land and Natural Resources (DLNR) from issuing new permits without completing HEPA review. The Pet Industry Joint Advisory Council (PIJAC) then prepared an Environmental Impact Statement (EIS) to continue commercial aquarium fishing in the West Hawai‘i Reef Fishery Management Area (WHRFMA).The Board of Land and Natural Resources (BLNR) initially rejected the EIS, citing fourteen reasons. PIJAC revised the EIS and, after a public comment period, submitted it again. BLNR's vote on the revised EIS resulted in a 3-3 tie, leading to the EIS being "deemed accepted" by operation of law. Plaintiffs sued BLNR in the Environmental Court for the First Circuit, seeking declaratory and injunctive relief. The court ruled against the plaintiffs, finding that the EIS adequately disclosed facts for the agency to make an informed decision. Plaintiffs appealed, and the State cross-appealed the denial of its motion to dismiss.The Hawai‘i Supreme Court held that the State is a proper defendant in the case and should defend the EIS. The court also determined that the "rule of reason" should be used in conjunction with HEPA’s content requirements to evaluate an EIS. The court found that the EIS was legally sufficient as it met HEPA’s content requirements and provided enough information for BLNR to make an informed decision. Consequently, the court affirmed the Environmental Court’s denial of the State’s motion to dismiss and its grant of summary judgment for PIJAC. View "Kaupiko v. Board of Land and Natural Resources" on Justia Law

Beverly Dale Jolly worked as an inspector at nuclear plants from 1980 to 1984, where he was exposed to asbestos-containing products manufactured by Fisher Controls International, LLC and Crosby Valve, LLC. In 2016, Dale was diagnosed with mesothelioma. He and his wife Brenda sued multiple defendants, settling with all except Fisher and Crosby for $2,270,000. The jury awarded Dale $200,000 and Brenda $100,000. The Jollys filed a motion for a new trial nisi additur, claiming the verdicts were inadequate. The trial court granted the motion, increasing Dale's award to $1,580,000 and Brenda's to $290,000, while allowing Fisher and Crosby the option to reject the additur for a new trial.The South Carolina Court of Appeals affirmed the trial court's decision. Fisher and Crosby appealed, questioning the trial court's grant of the new trial nisi additur and the partial denial of their motion for setoff. The Supreme Court of South Carolina reviewed the case, focusing on whether the trial court applied the correct standard and procedure for a new trial nisi additur and whether it properly allocated the pretrial settlement proceeds for setoff purposes.The Supreme Court of South Carolina affirmed the trial court's decisions. It held that the trial court acted within its discretion in granting the new trial nisi additur, finding the jury's verdicts inadequate but not grossly so. The court also upheld the trial court's allocation of the pretrial settlement proceeds, agreeing that the allocation was reasonable and that the setoff was correctly applied only to the same injury claims. The case was remanded for Fisher and Crosby to either accept the additur or opt for a new trial. View "Jolly v. Fisher Controls International, LLC and Crosby Valve, LLC" on Justia Law

A neighbor, Myrna Nathin, appealed the Environmental Division's denial of her motion to reopen a judgment declaring an Act 250 land-use permit for an adjoining property abandoned. Nathin argued she did not receive adequate notice of the petition to abandon the permit. The property in question, located on Burchard Road in Dover, Vermont, was initially permitted for subdivision and infrastructure development in 1993, with extended deadlines for completion. However, no construction occurred, and the current landowners, the Beasleys, sought to abandon the permit in 2022.The district commission declined to review the abandonment petition, citing jurisdictional issues, and the Environmental Division later declared the permit abandoned in January 2023. Nathin, who lives in New Jersey, claimed she did not receive the notice sent to her Vermont address and only learned of the abandonment in August 2023. She filed a motion for relief from judgment under Vermont Rule of Civil Procedure 60(b), which the Environmental Division denied, stating she lacked standing as she was not a party to the original proceeding.The Vermont Supreme Court reviewed the case and affirmed the Environmental Division's decision. The Court held that Nathin did not have standing to file a Rule 60(b) motion because she was not a party to the abandonment proceeding. The Court also found that the Environmental Division had adhered to its procedural rules and that Nathin's lack of notice did not warrant reopening the case. The Court emphasized that procedural rules must be enforced to ensure fairness and regularity, and Nathin's failure to intervene in the original proceeding precluded her from seeking relief. View "In re Burchard Road Petition" on Justia Law

Residents of St. Croix, Virgin Islands, sued Limetree Bay Terminals and Limetree Bay Refining after the companies reopened an oil refinery that released oil mist onto nearby properties, contaminating water supplies. The residents, who rely on cisterns for water, claimed the contamination posed health risks. The companies attempted to clean the cisterns and compensate affected residents, but not all residents had access to clean water. The residents sought a preliminary injunction to require the companies to provide bottled water.The District Court for the Virgin Islands granted the preliminary injunction, finding that both Terminals and Refining were responsible for the contamination under their federal operating permit. The court determined that the residents were likely to succeed on the merits of their case and faced irreparable harm without access to clean water. The court limited the bottled-water program to residents in certain neighborhoods who received need-based government assistance and required the residents to post a $50,000 bond.The United States Court of Appeals for the Third Circuit reviewed the case and affirmed the District Court's decision. The Third Circuit agreed that the residents were likely to succeed on the merits and faced irreparable harm. The court also found that the balance of equities and public interest favored the residents. The Third Circuit upheld the $50,000 bond, noting that the District Court had carefully considered the residents' ability to pay and the relative hardships to each party. The court concluded that the District Court had properly applied the law and exercised its discretion in granting the preliminary injunction and setting the bond amount. View "Boynes v. Limetree Bay Ventures LLC" on Justia Law

The case involves over 1,420 Peruvian citizens alleging environmental harm due to exposure to toxic substances from the La Oroya Metallurgical Complex (LOMC) in Peru. The plaintiffs claim that Doe Run Resources Corporation and related entities, which purchased LOMC in 1997, failed to reduce lead emissions, resulting in unsafe lead levels and subsequent health issues. The plaintiffs argue that Doe Run's decision-making in the United States led to their injuries.Initially, the plaintiffs filed common law tort lawsuits in Missouri state court, which were removed to federal court and consolidated. The district court dismissed several claims and defendants but allowed the substantive negligence-based claims to proceed under Missouri law. Doe Run filed motions to dismiss based on international comity and to apply Peruvian law, both of which were denied by the district court. The court also denied summary judgment on the safe harbor defense and certified its choice-of-law and comity rulings for interlocutory appeal.The United States Court of Appeals for the Eighth Circuit reviewed the district court's decisions. The court held that the district court did not abuse its discretion in denying dismissal under the doctrine of international comity, as the harm occurred in Peru but the alleged conduct occurred in Missouri. The court also found that the Trade Promotion Agreement (TPA) between the United States and Peru did not require dismissal, as the plaintiffs' claims were not explicitly addressed by the TPA. Additionally, the court determined that traditional comity factors did not necessitate dismissal, as neither the State Department nor the government of Peru had asserted their positions, and there was no adequate alternative forum in Peru. Lastly, the court concluded that extraterritoriality principles did not warrant abstention, as the plaintiffs' claims were based on conduct within the United States.The Eighth Circuit affirmed the district court's judgment. View "Reid v. Doe Run Resources Corp." on Justia Law

The plaintiffs, Louis Paolino and Marie E. Issa, own property in Cumberland, Rhode Island, adjacent to a site operated as an automobile recycling business. The neighboring property, owned by J.F. Realty, LLC and operated by LKQ Route 16 Used Auto Parts, Inc., was found to be contaminated. The Department of Environmental Management (DEM) required remediation, leading the defendants, Commonwealth Engineers & Consulting, Inc., to design a stormwater remediation system. Plaintiffs alleged that this system discharged contaminated water onto their property and encroached on it.In prior litigation, the plaintiffs sued the Ferreira defendants in state court for trespass due to contamination. The case was removed to federal court, where federal claims were dismissed, and state claims were remanded. A jury found encroachment but awarded only nominal damages. The plaintiffs sought injunctive relief, which was partially granted. On appeal, the Rhode Island Supreme Court affirmed the denial of injunctive relief for the encroachment, deeming it de minimis, but ordered a new trial on other issues. In a subsequent trial, the jury found no continuing trespass. Plaintiffs also pursued a Clean Water Act claim in federal court, which was dismissed after a bench trial.The Rhode Island Supreme Court reviewed the Superior Court's grant of summary judgment in favor of Commonwealth. The court affirmed the judgment, holding that the issues in the current case were precluded by collateral estoppel. The court found that the issue of contamination had been litigated and decided in prior state and federal actions, and the encroachment was previously determined to be de minimis. Thus, the plaintiffs were barred from relitigating these issues. View "Paolino v. Commonwealth Engineers & Consulting, Inc." on Justia Law

Teddy and Melanie Scott filed a lawsuit against Dyno Nobel, Inc., alleging that Teddy suffered serious injuries from exposure to a toxic gas cloud negligently emitted from Dyno’s nitric acid plant in Louisiana, Missouri. The incident occurred on March 20, 2015, when an equipment failure during a startup led to the release of nitrogen oxide gas, which enveloped Teddy while he was working at a nearby plant. Teddy experienced immediate physical symptoms and has since suffered from ongoing health issues, including irritable larynx syndrome, headaches, and back pain. Melanie claimed loss of consortium due to Teddy’s injuries.The United States District Court for the Eastern District of Missouri initially granted summary judgment in favor of Dyno, concluding that Dyno owed no duty of care to Teddy. However, the United States Court of Appeals for the Eighth Circuit reversed this decision, finding that the issue of foreseeability, which determines duty, should be decided by a jury. On remand, a jury trial resulted in a verdict for the Scotts, awarding Teddy $13,750,000 in compensatory damages and $30 million in punitive damages, and Melanie $3 million in compensatory damages. Dyno’s post-trial motions for judgment as a matter of law or a new trial were denied.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court’s judgment in part. The appellate court found that the jury had sufficient evidence to determine that Dyno’s actions created a foreseeable risk of harm and that Dyno breached its duty of care. However, the court reversed the award of punitive damages, concluding that the Scotts did not provide clear and convincing evidence that Dyno acted with a culpable mental state necessary for punitive damages under Missouri law. The case was remanded for entry of an amended judgment omitting the punitive damages award. View "Scott v. Dyno Nobel, Inc." on Justia Law

In October 2014, while guiding a hunting party on their property, the Olsens' son observed a crop duster spraying herbicide, which allegedly damaged the Olsens' ponderosa pine trees. The Olsens claimed the herbicide caused significant damage and death to the trees. They filed a lawsuit against the Defendants, who argued that expert testimony was required to prove causation. The circuit court granted summary judgment in favor of the Defendants, leading to the Olsens' appeal.The Circuit Court of the Fifth Judicial Circuit in Spink County, South Dakota, reviewed the case. The court found that without expert testimony, a jury would be left to speculate about the cause of the damage to the trees. The court noted that the fields of chemistry, botany, and agronomy were beyond the understanding of a typical layperson. Consequently, the court granted summary judgment, dismissing the Olsens' complaint in its entirety.The Supreme Court of South Dakota reviewed the appeal. The court affirmed the circuit court's decision regarding the need for expert testimony to establish causation for the damage to the trees. However, it reversed the summary judgment on the claims of trespass, statutory nuisance, and common law nuisance, noting that these claims do not require proof of damages to survive summary judgment. The court remanded these claims for further proceedings, allowing the Olsens to potentially recover nominal damages. The court affirmed the summary judgment on the claims of promissory estoppel and civil conspiracy due to the lack of evidence on causation for damages. View "Estate of Olsen v. Agtegra Cooperative" on Justia Law