Justia Civil Procedure Opinion Summaries

An egg farm owned by Rembrandt Enterprises, Inc. experienced a collapse of its poultry cage system in 2020, resulting in significant damage and the death of a farm worker. Rembrandt had contracted with Tecno Poultry Equipment, SpA in 2006 to design and manufacture the cage system, which included a provision for Tecno to supervise its installation. The installation was completed in 2007. Rembrandt sued Tecno in 2021, alleging strict products liability, breach of implied warranties, and negligence. The district court allowed the negligence claim to proceed to trial, where a jury found that Tecno did not breach its duty to supervise the installation.The United States District Court for the Northern District of Iowa granted summary judgment for Tecno on the strict products liability and breach of implied warranties claims. At trial, the jury heard conflicting expert testimony regarding the cause of the collapse. Rembrandt's expert attributed the collapse to missing screws and misplaced bolts, while Tecno's experts blamed improper manure disposal by Rembrandt. The jury ultimately sided with Tecno, and the district court entered judgment in favor of Tecno.The United States Court of Appeals for the Eighth Circuit reviewed the case. Rembrandt argued that the district court erred in denying its motions for judgment as a matter of law and in excluding a screenshot of Tecno's website. The appellate court held that Rembrandt failed to preserve its challenge to the sufficiency of the evidence by not renewing its motion under Rule 50(b) after the jury verdict. The court also found that the district court did not abuse its discretion in excluding the website screenshot, as it was not relevant to the 2006 contract. The Eighth Circuit affirmed the district court's judgment. View "Rembrandt Enterprises, Inc. v. Tecno Poultry Equipment, SpA" on Justia Law

John P. Middleton filed a defamation lawsuit against Roy Lee, The Hollywood Reporter LLC, and Gary Baum in the Southern District of Florida. The case stemmed from a professional and personal fallout between Middleton and Lee, which began and ended in California. Middleton had sued Lee in California for millions of dollars, and during the ongoing legal battle, Middleton relocated to Florida. In June 2020, The Hollywood Reporter published an article by Baum that detailed the feud and contained allegedly false statements about Middleton. Middleton claimed these statements were defamatory and filed the lawsuit in June 2022.The district court dismissed Middleton's action, applying California's one-year statute of limitations for defamation claims, which rendered the claims time-barred. The court concluded that Florida's borrowing statute and choice-of-law rules required the application of California law due to the significant relationship factors. The court also denied Middleton's motion to amend the complaint, deeming it futile as the proposed amendments did not alter the determination that California's statute of limitations applied.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's decision. The appellate court agreed that California had the most significant relationship to the defamation claims, considering factors such as the place where the injury and conduct causing the injury occurred, the domicile and residence of the parties, and where the relationship between the parties was centered. Consequently, California's one-year statute of limitations applied, and Middleton's claims were time-barred. The court upheld the dismissal of the action and the denial of the motion to amend the complaint. View "Middleton v. The Hollywood Reporter LLC" on Justia Law

Melvin G. Welch died in 2023 from mesothelioma caused by asbestos exposure. His widow, Donna B. Welch, sued Atlas Turner, Inc. and other defendants, alleging their products caused his death. Atlas Turner, a Canadian company, produced and sold asbestos insulation, which was shipped to South Carolina. Welch was likely exposed to these products while working in Greenwood, South Carolina. The case was brought in Richland County and assigned to Judge Jean H. Toal, who oversees the South Carolina asbestos docket.Atlas Turner moved to dismiss the claims for lack of personal jurisdiction, but the trial court denied the motion and ordered Atlas Turner to participate in discovery. Atlas Turner ignored deposition notices and refused to comply with discovery orders, claiming it had no knowledgeable witnesses and that the Québec Business Concerns Records Act (QBCRA) prohibited it from disclosing information. The trial court held Atlas Turner in contempt, struck its answer, and placed it in default. The court also appointed a Receiver over Atlas Turner's Insurance Assets.The South Carolina Supreme Court reviewed the case and affirmed the trial court's sanctions and the appointment of the Receiver over Atlas Turner's Insurance Assets. The court found that Atlas Turner's refusal to comply with discovery was willful and that the QBCRA did not excuse its non-compliance. The court also held that the trial court had the authority to appoint a Receiver before judgment due to Atlas Turner's conduct, which indicated an intent to evade responsibility. However, the Supreme Court reversed the portion of the Receivership order that granted the Receiver authority beyond investigating and collecting Atlas Turner's Insurance Assets. View "Welch v. Atlas Turner, Inc." on Justia Law

Eugene Kritter, an experienced helicopter pilot, owned and operated Kritter Cropdusting. While crop dusting over a farm in North Carolina, his helicopter collided with a low-hanging steel wire, resulting in his death. Kritter Cropdusting and Kritter’s estate filed a negligence lawsuit against the farm owners and operators, as well as Nutrien, the pesticide company that hired Kritter Cropdusting for the job.The United States District Court for the Eastern District of North Carolina granted summary judgment in favor of the defendants. The court concluded that the farm owners and operators owed no duty of care to Kritter to remove or warn about the wire, as the risk was not reasonably foreseeable to them. The court also found that neither Nutrien nor its employee, Elmore, owed Kritter a duty of care. Additionally, the court rejected the argument that Kritter was contributorily negligent and found that the wire was not an open and obvious condition.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that summary judgment was inappropriate because material questions of fact remained regarding whether the defendants owed a duty of care to Kritter. The court noted that under North Carolina law, issues of negligence are generally for the jury to decide, especially when facts are disputed or multiple reasonable inferences can be drawn. The court also found that the district court erred in concluding that the risk posed by the wire was not foreseeable and that Kritter’s death was incident to his work. The Fourth Circuit vacated the district court’s summary judgment and remanded the case for further proceedings. View "Kritter v. Mooring" on Justia Law

In April 2021, David Browne visited Billy Jack’s Saloon and Grill in Dewey-Humboldt, Arizona. After leaving the bar, Browne, with a blood alcohol content nearly four times the legal limit, caused a multi-vehicle collision on State Route 69. Victor Sanchez-Ravuelta, Janette Dodge, and their two minor children, Elijah and Amelia, were injured in the crash. The plaintiffs alleged that the Arizona Department of Liquor Licenses and Control (the Department) was negligent in failing to prevent Billy Jack’s from overserving its patrons.The plaintiffs filed a lawsuit against the State of Arizona, the Town of Dewey-Humboldt, and Yavapai County. The Superior Court in Maricopa County dismissed the claims against all defendants. The court found that the plaintiffs’ notice of claim to the County and Town was insufficient and that the Department did not have a legal duty to protect the plaintiffs from the harm caused by Browne’s actions. The court dismissed the minor plaintiffs’ claims without prejudice and the adult plaintiffs’ claims with prejudice.The Arizona Court of Appeals held that the Department owed a statute-based duty of care to the plaintiffs. However, the Arizona Supreme Court reviewed the case and concluded that the Department did not owe a duty of care to the plaintiffs. The court found that the statutes cited by the plaintiffs did not impose a mandatory duty on the Department to prevent the overserving of patrons. The Supreme Court vacated parts of the Court of Appeals' opinion and affirmed the Superior Court’s dismissal of the adult plaintiffs’ claims against the State with prejudice. The case was remanded to the Court of Appeals to consider the Town’s cross-appeal. View "SANCHEZ-RAVUELTA v YAVAPAI" on Justia Law

Pamela McKenzie was shopping at a Walgreens in Houston in 2019 when she was detained on suspicion of shoplifting. A Walgreens employee called the police, suspecting McKenzie was the same person who had stolen from the store earlier that day. After reviewing surveillance footage, the police determined McKenzie was not the thief and released her. McKenzie claimed that other Walgreens employees had agreed she was not the thief, but the employee called the police anyway. She sued Walgreens for intentional infliction of emotional distress, negligence, gross negligence, respondeat superior liability for employee negligence, and negligent hiring, training, and supervision (NHTS).The trial court denied Walgreens' motion to dismiss under the Texas Citizens Participation Act (TCPA), which allows for early dismissal of legal actions based on the exercise of free speech. A divided Court of Appeals for the Fourteenth District of Texas affirmed in part and reversed in part. The court held that the trial court erred by not dismissing McKenzie’s claims of intentional infliction of emotional distress, negligence, gross negligence, and vicarious liability for employee negligence. However, it held that the NHTS claim was not subject to dismissal under the TCPA because it was not entirely based on the employee’s exercise of free speech rights.The Supreme Court of Texas reviewed the case and held that the TCPA does apply to McKenzie’s NHTS claim. The court concluded that McKenzie failed to meet her evidentiary burden to avoid dismissal, as she did not provide clear and specific evidence for each essential element of her NHTS claim. Consequently, the court reversed the Court of Appeals' judgment in part and remanded the case to the trial court for further proceedings, specifically for the dismissal of McKenzie’s NHTS claim. The remainder of the Court of Appeals' judgment was left undisturbed. View "WALGREENS v. MCKENZIE" on Justia Law

Casey Cotton was involved in a car collision with Caleb and Adriane Crabtree, resulting in severe injuries to Caleb. The Crabtrees filed a lawsuit against Cotton and his insurer, Allstate, alleging that Allstate refused early settlement offers and failed to inform Cotton of these offers. While the claims against Allstate were dismissed, the claims against Cotton proceeded in the Lamar County Circuit Court. During the personal injury suit, Cotton declared bankruptcy, and his bankruptcy estate included a potential bad faith claim against Allstate. The Crabtrees, as unsecured creditors, petitioned the bankruptcy court to allow the personal injury suit to proceed to trial.The bankruptcy court directed that the suit against Cotton be liquidated by jury trial to pursue claims against Allstate for any resulting excess judgment. The Crabtrees sought an assignment of Cotton’s bad faith claim as a settlement of their unsecured claims in Cotton’s bankruptcy estate. Unable to afford the $10,000 up-front cost, they engaged Court Properties, LLC, to assist with financing. Court Properties paid the trustee $10,000 to acquire the bad faith claim, then assigned it to the Crabtrees in exchange for $10,000 plus interest, contingent on successful recovery from Allstate. Cotton was discharged from bankruptcy, and a jury verdict awarded the Crabtrees $4,605,000 in the personal injury suit.The Crabtrees filed an action in the United States District Court for the Southern District of Mississippi, which dismissed the case for lack of subject matter jurisdiction, finding the assignments champertous and void under Mississippi Code Section 97-9-11. The Crabtrees appealed to the United States Court of Appeals for the Fifth Circuit, which certified a question to the Supreme Court of Mississippi.The Supreme Court of Mississippi held that Mississippi Code Section 97-9-11 prohibits a creditor in bankruptcy from engaging a disinterested third party to purchase a cause of action from a debtor. The court clarified that solicitation of a disinterested third party to prosecute a case in which it has no legitimate interest violates the statute. View "Crabtree v. Allstate Property and Casualty Insurance Company" on Justia Law

James Ethridge, a Texas resident, purchased a Samsung 18650 lithium-ion battery from a Wyoming-based seller on Amazon in October 2018. The battery exploded in his pocket in November 2019, causing severe burns and other injuries. Ethridge filed a personal injury lawsuit in Texas state court in 2021 against Samsung SDI Company, Firehouse Vapors LLC, and two Amazon entities. He later added Macromall LLC as a defendant. After dismissing Firehouse Vapors, the remaining defendants removed the case to federal court. Ethridge then dismissed Macromall, leaving Samsung and the Amazon entities as defendants.The United States District Court for the Southern District of Texas granted summary judgment in favor of the Amazon defendants and dismissed Samsung for lack of personal jurisdiction. Ethridge appealed the dismissal of Samsung to the United States Court of Appeals for the Fifth Circuit, voluntarily dismissing his appeal against Amazon.The Fifth Circuit reviewed the district court's decision de novo and reversed the dismissal. The court held that Samsung had purposefully availed itself of the Texas market by shipping 18650 batteries to companies like Black & Decker, HP, and Dell in Texas. The court found that Ethridge's claims were related to Samsung's contacts with Texas, as the same type of battery that injured Ethridge was sold in Texas. The court concluded that exercising personal jurisdiction over Samsung in Texas was fair and reasonable, given the state's interest in providing a forum for its injured residents and Samsung's ability to litigate in Texas. The case was remanded for further proceedings. View "Ethridge v. Samsung SDI" on Justia Law

The case involves a former principal of a charter school, Emily Roseberry, who alleged that the school district superintendent, Pauline Harvey, overstepped her authority in violation of Alaska statutes and the governing charter school contract and bylaws. Roseberry was fired after making complaints about Harvey’s conduct to the superintendent, the board of education, and an independent commission. Roseberry initially filed suit in federal court, raising federal civil rights claims and a state whistleblower claim. The federal court dismissed her federal claims with prejudice and declined to exercise supplemental jurisdiction over her state whistleblower claim.Roseberry then filed suit in state court, bringing the whistleblower claim and three additional state-law claims: intentional interference with contractual relations, negligent supervision, and defamation. The defendants moved to dismiss, arguing that the claims were barred by issue and claim preclusion. The superior court agreed and dismissed the complaint. Roseberry appealed the decision.The Supreme Court of the State of Alaska reviewed the case and concluded that Roseberry’s state claims were not barred by issue and claim preclusion. The court held that the federal court’s dismissal of Roseberry’s First Amendment claim did not preclude her whistleblower claim because the definitions of “matter of public concern” under the First Amendment and the Alaska Whistleblower Act are different. The court also held that Roseberry’s additional state-law claims were not barred by claim preclusion because the federal court would likely have declined to exercise supplemental jurisdiction over them, given that it had already declined to exercise jurisdiction over the whistleblower claim.The Supreme Court of the State of Alaska reversed the superior court’s judgment and remanded the case for further proceedings consistent with its opinion. View "Roseberry v. North Slope Borough School District" on Justia Law

This case involves a motor vehicle accident that occurred on March 31, 2017, in Calcasieu Parish. Elvis Dean Thompson, driving an 18-wheeler for Terry Graham Trucking, rear-ended Tracey Day's vehicle, which then struck another vehicle driven by Teresa Jeffries. Thompson's truck also collided with a vehicle driven by Daniel Guidry. Tracey Day and her husband, Bradley Day, sued Thompson, Terry Graham Trucking, and their insurer, Prime Insurance Company, for damages. Bradley Day also claimed loss of consortium. The Days' case was consolidated with Jeffries' case but was later severed.The district court set the trial for September 20, 2021, but it was postponed to January 3, 2022, due to Hurricane Ida. The court ruled that no further discovery would be allowed. On the first day of the trial, the Days requested that Tracey Day be excused from attending the trial except for her testimony, citing her inability to sit for long periods. The defense objected but the court granted the request. During the trial, the defense obtained surveillance video of Tracey Day, which they argued was necessary to impeach her testimony. The district court excluded the video and the testimony of the private investigator who recorded it, citing the late production and the closed discovery period. The jury awarded the Days $3,926,849.17, and the defendants appealed.The Louisiana Supreme Court reviewed whether the district court erred in excluding the surveillance evidence. The court found that the district court abused its discretion by not conducting an in camera review of the evidence. However, after conducting its own review, the Supreme Court determined that the surveillance did not contradict Tracey Day's testimony and was not impeachment material. Therefore, the exclusion of the evidence was proper, and the judgment was affirmed. View "DAY VS. THOMPSON" on Justia Law