Justia Civil Procedure Opinion Summaries

Carl and Roberta Culp filed a lawsuit alleging federal and state law claims against various defendants, including Fort Wayne and Allen County police officers. The claims included excessive force under 42 U.S.C. § 1983, intentional and negligent infliction of emotional distress, assault and battery, criminal mischief, and violations of the Rehabilitation Act and the Americans with Disabilities Act (ADA). The incident in question occurred on August 20, 2018, when Carl Culp, a double amputee, expressed suicidal intentions during a psychiatric appointment, leading to police intervention.The United States District Court for the Northern District of Indiana granted summary judgment in favor of the defendants on most claims, leaving only Carl Culp’s § 1983 excessive force claim and state law claims against Officers Woods and Schulien for trial. A jury found in favor of the defendants on all claims except for Roberta Culp’s state law battery claim against Officer Woods, awarding her nominal damages of $1. The Culps appealed the summary judgment decision, and Woods and Schulien cross-appealed the denial of costs.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that the district court did not err in granting summary judgment to the defendants, as the defendants’ brief complied with the local rules. The court also found that the Culps failed to present evidence of discrimination or failure to accommodate under the ADA and Rehabilitation Act. The court assumed, without deciding, that these laws applied to law enforcement actions but concluded that the evidence did not support the Culps' claims.Regarding the cross-appeal, the Seventh Circuit upheld the district court’s decision to deny costs to both parties, recognizing the mixed outcome of the case. The court affirmed the district court’s judgment in its entirety. View "Culp v. Caudill" on Justia Law

In 2012, Bill Simmon, an employee of Vermont Community Access Media, Inc. (VCAM), invited Ciara Kilburn and her minor sister Brona to VCAM’s premises to record a commercial. Simmon secretly recorded the sisters changing clothes using VCAM’s equipment and shared the videos online, where they were viewed millions of times. In 2020, the Kilburns filed a lawsuit against Simmon for invasion of privacy, intentional infliction of emotional distress (IIED), and negligence per se, and against VCAM for vicarious liability, negligence, and negligent infliction of emotional distress (NIED).The Superior Court, Chittenden Unit, Civil Division, dismissed claims against Vermont State Colleges and did not instruct the jury on vicarious liability or NIED. The jury found Simmon liable for invasion of privacy and IIED, and VCAM liable for negligent supervision. Each plaintiff was awarded $1.75 million in compensatory damages against both Simmon and VCAM, and $2 million in punitive damages against Simmon. The court denied VCAM’s motions to exclude evidence, for a new trial, and for remittitur, and also denied plaintiffs’ request to hold VCAM jointly and severally liable for Simmon’s damages.The Vermont Supreme Court affirmed the lower court’s decision. It held that emotional-distress damages were available to plaintiffs for VCAM’s negligent supervision because the claim was based on intentional torts (invasion of privacy and IIED) for which such damages are recoverable. The court found no error in the jury’s award of damages, concluding that the evidence supported the verdict and that the damages were not excessive. The court also ruled that plaintiffs waived their claim for joint and several liability by not objecting to the jury instructions or verdict form before deliberations. View "Kilburn v. Simmon" on Justia Law

The case involves a wrongful-death action brought by the Estate of Jared Shaffer, through Daniel Shaffer as administrator, against Northeast Kingdom Human Services, Inc. Jared Shaffer, a developmentally disabled adult, died on April 18, 2017, from a sudden pulmonary embolism caused by metastatic testicular cancer. The estate claimed that the defendant, responsible for overseeing Jared's Medicaid waiver funds and coordinating his care, was negligent in its duties, leading to Jared's death.Initially, the estate sued Heartbeet Lifesharing, Dr. Peter Sher, and the defendant in federal court, but the case was dismissed for lack of subject matter jurisdiction after a settlement with Dr. Sher’s medical practice. The estate then filed the wrongful-death action in the civil division against the defendant and Heartbeet. Before the trial, the estate settled with Heartbeet, leaving the case to be tried solely against the defendant. The defendant asserted a comparative negligence defense, implicating Daniel Shaffer, Jared's father and co-guardian, in Jared's death.The Vermont Supreme Court reviewed the case after the estate appealed a jury verdict in favor of the defendant. The estate argued that the trial court erred in instructing the jury on comparative negligence, providing misleading jury instructions, and sustaining objections to certain questions posed to the defendant’s corporate representative. The estate also contended that the jury deliberated too quickly and that the evidence overwhelmingly supported its claim of negligence.The Vermont Supreme Court found that while the trial court erred in conflating the identity of the plaintiff with Daniel Shaffer, the estate was not prejudiced because the jury never reached the question of comparative negligence, having found no negligence on the defendant's part. The court also upheld the trial court's evidentiary rulings and found no error in the jury's deliberation process. The jury's verdict in favor of the defendant was affirmed. View "Shaffer v. Northeast Kingdom Human Services, Inc." on Justia Law

Cesar Posada sued Osvanis Lozada and his employer, TELS, Inc., after a collision between their tractor-trailers. Posada claimed negligence and negligence per se against Lozada and sought to hold TELS vicariously liable. Lozada's tire unexpectedly lost air, causing his truck to jackknife and block the highway, leading to Posada crashing into it. Lozada and TELS filed no-evidence motions for summary judgment, which the trial court granted.The trial court in El Paso County granted the no-evidence motions for summary judgment filed by Lozada and TELS, dismissing Posada's claims. Posada's motions for a new trial were denied. The Court of Appeals for the Eighth District of Texas reversed the trial court's decision, holding that a reasonable jury could find that Lozada breached his duty of care and that his actions were the proximate cause of the collision. The court of appeals also reversed the summary judgment in favor of TELS, as their liability was predicated on Lozada's liability.The Supreme Court of Texas reviewed the case and concluded that Posada failed to produce summary-judgment evidence raising a genuine issue of material fact regarding whether Lozada breached his duty of care. The court noted that the evidence showed Lozada was driving under the speed limit when his tire rapidly lost air, causing the accident. There was no evidence Lozada acted negligently in response to the tire failure. Consequently, the Supreme Court of Texas reversed the court of appeals' judgment and reinstated the trial court's judgment, dismissing Posada's claims against Lozada and TELS with prejudice. View "Lozada v. Posada" on Justia Law

Lauren Scottoline gave birth to J.S.S. at Christiana Care Hospital on July 28, 2015. After birth, J.S.S. could not breathe on his own, had low blood-oxygen levels, and suffered seizures. He was diagnosed with hypoxic-ischemic encephalopathy (HIE) and stayed in the newborn intensive care unit for three weeks. J.S.S. showed developmental delays and was diagnosed with autism spectrum disorder (ASD) in 2018, confirmed in 2021. Lauren and Stephen Scottoline filed a lawsuit against Christiana Care Health System, Inc. and Women First, LLC, claiming negligence during J.S.S.’s birth caused his condition.The Superior Court of Delaware excluded the expert causation opinion of Dr. Daniel Adler, a pediatric neurologist, who claimed that HIE caused J.S.S.’s ASD. The court found Dr. Adler’s opinion unreliable and inadmissible under Delaware Rule of Evidence 702, as it lacked a scientific basis and did not employ a reliable methodology. The court granted the defendants’ motion in limine to exclude Dr. Adler’s testimony and subsequently granted summary judgment for the defendants due to the lack of admissible causation testimony.The Supreme Court of Delaware reviewed the case and affirmed the Superior Court’s rulings. The court held that Dr. Adler’s causation opinion was inadmissible because it was not supported by scientific literature or a reliable differential etiology. The court also found that Dr. Adler’s third report did not materially differ from his previous reports and failed to provide a reliable basis for his causation opinion. The Supreme Court concluded that the Superior Court did not abuse its discretion in excluding Dr. Adler’s testimony and denying an evidentiary hearing. The court also upheld the exclusion of Jody Masterson’s derivative opinion and found no error in the Superior Court’s handling of procedural motions. View "Scottoline v. Women First LLC" on Justia Law

Rose, while 24 weeks pregnant with M.W., was traveling by Greyhound bus from Washington State to Las Vegas. During the journey, she boarded a bus in Redding, California, where another passenger, Asaandi Coleman, opened fire, injuring Rose. Rose was treated in California and later transferred to Las Vegas, where she suffered complications leading to an emergency C-section for M.W. M.W. has required constant medical care since birth. M.W.'s father filed a negligence lawsuit against Greyhound, alleging negligence and negligent hiring, training, retaining, supervising, and equipping.The Eighth Judicial District Court in Clark County, Nevada, dismissed the case for lack of personal jurisdiction over Greyhound, applying the Calder effects test, which is used for intentional torts. The court found that Greyhound did not purposefully direct its conduct toward Nevada, the cause of action did not arise from Greyhound's contacts with Nevada, and exercising jurisdiction would be unreasonable.The Supreme Court of Nevada reviewed the case and concluded that the district court erred in applying the Calder effects test, as it only applies to intentional torts, and the claims against Greyhound were based on negligence. However, the Supreme Court affirmed the district court's dismissal, determining that even under the correct test for specific personal jurisdiction, the district court lacked jurisdiction. Greyhound's contacts with Nevada were not sufficiently related to the negligence claims, which arose from events in California. Therefore, the Supreme Court of Nevada affirmed the district court's order dismissing the action. View "WHITLEY VS. GREYHOUND LINES, INC." on Justia Law

Eric Coomer, Ph.D., the former Director of Product Strategy and Safety at Dominion Voting Systems, Inc., filed a defamation lawsuit against several defendants, including Make Your Life Epic, LLC, Reopen America, LLC, and Clayton Thomas Clark. Joseph Oltmann, a nonparty to the lawsuit, was subpoenaed to testify and produce documents. Oltmann initially appeared for his deposition but left without authorization and later boasted about his actions on his podcast, disparaging the magistrate judge and suggesting violence.The United States District Court for the District of Colorado held Oltmann in civil contempt for failing to comply with the subpoena and court orders. The court imposed a $1,000 per day fine until Oltmann complied and ordered him to pay attorney’s fees and costs. Oltmann appealed the Contempt Order, arguing that he properly invoked the newsperson’s privilege and that his due process rights were violated because the district court did not hold a hearing before issuing the Contempt Order.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court’s Contempt Order. The appellate court held that Oltmann waived his arguments by not raising them specifically in his objections to the magistrate judge’s recommendations. The court also found that the district court did not abuse its discretion in issuing the Contempt Order without a second hearing, as the material facts were undisputed. The appellate court further imposed sanctions on Oltmann, ordering him to pay Coomer’s reasonable expenses, including attorney’s fees and costs associated with the appeal, and remanded the case to the district court to determine the amount. View "Coomer v. Make Your Life Epic" on Justia Law

In March 2020, Jose Gonzalez visited a Walgreens store in Austin, Texas. An unidentified customer had clogged the toilet in the men's restroom and was given a plunger by a Walgreens employee to fix it. While the customer was attempting to unclog the toilet, Gonzalez entered the restroom and slipped on water that had accumulated on the floor. Gonzalez sued Walgreens for his injuries.The case was initially filed in Texas state court but was removed to the United States District Court for the Western District of Texas based on diversity jurisdiction. Gonzalez asserted a theory of vicarious liability and a claim for premises liability against Walgreens. The district court dismissed the vicarious liability theory and denied Walgreens's motion for summary judgment on the premises liability claim. After Gonzalez presented his case at trial, Walgreens moved for judgment as a matter of law (JMOL), which the district court granted, finding that Walgreens had no actual or constructive knowledge of the wet floor. Gonzalez's motion for a new trial was also denied.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's JMOL, holding that no reasonable jury could find that Walgreens had actual or constructive knowledge of the wet floor. The court found that Gonzalez failed to provide sufficient evidence that Walgreens knew or should have known about the hazardous condition. The court also affirmed the dismissal of Gonzalez's vicarious liability theory, stating that the allegations constituted a premises liability claim, not a basis for vicarious liability. The court concluded that Walgreens did not have a policy or practice that it knew routinely created an unreasonable risk of harm, distinguishing this case from others where such knowledge was established. View "Gonzalez v. Walgreen" on Justia Law

A student, E.I., attended El Segundo Middle School during the 2017-2018 school year and experienced bullying from classmates, particularly Skylar. Despite E.I. and her parents repeatedly reporting the bullying to school officials, including the principal and counselor, the school failed to take effective action. The bullying included verbal harassment, social media abuse, and physical aggression, which led E.I. to self-harm and develop PTSD and depression. The school’s anti-bullying policies were not adequately followed by the staff.The case was initially reviewed by the Superior Court of Los Angeles County, where a jury found the El Segundo Unified School District negligent and awarded E.I. $1 million in damages. The District moved for a new trial and for judgment notwithstanding the verdict, both of which were denied by the court.The California Court of Appeal, Second Appellate District, reviewed the case. The District argued several points on appeal, including errors in allowing reliance on certain Education Code provisions, claims of immunity under Government Code section 820.2, insufficient evidence of causation, improper consideration of a negligent training and supervision theory, admission of expert testimony, and attorney misconduct during closing arguments. The appellate court found that many of the District’s arguments were either waived or lacked merit. The court held that the District was not immune from liability under Government Code section 820.2, as the actions in question were operational rather than policy decisions. The court also found substantial evidence supporting the jury’s causation finding and determined that any potential errors were not prejudicial. Consequently, the appellate court affirmed the judgment in favor of E.I. View "E.I. v. El Segundo Unified School Dist." on Justia Law

The plaintiff, Rhonda Lucas, filed a personal injury lawsuit against Peter Warhol and Progressive Direct Insurance Company following a car accident. Lucas struggled to serve Warhol, who had no fixed address and may have been homeless. Despite various efforts, including hiring a private investigator and attempting service through the Iowa Department of Transportation (DOT), Warhol remained unserved eleven months after the lawsuit was filed. The district court eventually allowed Lucas to serve Warhol by serving an attorney hired by Warhol’s liability insurance carrier.The Iowa District Court for Polk County denied Warhol’s motion to dismiss for lack of timely service, finding good cause to extend the time for service due to the difficulty in locating Warhol. The court also permitted alternative service on the attorney. Warhol appealed, and the Iowa Supreme Court granted interlocutory review. While the appeal was pending, Lucas personally served Warhol.The Iowa Supreme Court addressed three issues: whether the district court should have dismissed the case for untimely service, whether the district court erred in permitting service on the attorney, and the effect of the personal service during the interlocutory review. The court held that the district court was correct in finding good cause to extend the time for service due to Lucas’s diligent efforts and Warhol’s homelessness. However, the court found that serving the attorney did not satisfy due process requirements, as there was no evidence of contact between Warhol and the attorney. The court concluded that the personal service on Warhol during the interlocutory review should be treated as timely.The Iowa Supreme Court affirmed the district court’s refusal to dismiss the case, reversed the order permitting service on the attorney, and remanded for further proceedings. View "Lucas v. Warhol" on Justia Law