Justia Civil Procedure Opinion Summaries

Cassell has owned the Hermosa Beach residential property since 1972; it has one bathroom, which has a two-step stairway leading up to a platform with a commode. The stairway did not have a handrail. Mazza rented the property from Cassell for 18 years. Mazza’s sister, Kaney visited Mazza many times, staying for as long as two weeks, without any mishaps. In September 2014, the light to the bathroom stopped working. Kaney used the stairs, fell, and suffered injuries.Kaney sued, claiming premises liability and negligence. The trial court granted Mazza summary judgment, concluding that as a matter of law, a plaintiff is precluded from proving causation in a slip and fall case if there were no witnesses to the fall and she remembers only being on stairs and then waking up in pain but does not remember the fall itself. The court of appeal reversed. Though Kaney cannot remember falling on Cassell’s stairs, the circumstantial evidence would permit a trier of fact to make a reasonable and probable inference that the condition of the stairs, including the absence of a handrail, was a substantial factor in the fall. View "Kaney v. Mazza" on Justia Law

After sustaining injuries in a one-vehicle accident, Terry and Jane Pruitt filed a complaint against several defendants, including AAA Interstate Transportation, LLC ("AAA"), in the Walker Circuit Court. The court dismissed their claims against AAA for lack of personal jurisdiction, and it certified that dismissal as a final judgment under Rule 54(b), Ala. R. Civ. P. The Pruitts appealed. Because the circuit court did not have either general or specific personal jurisdiction over AAA, the Alabama Supreme Court affirmed. View "Pruitt v. AAA Interstate Transportation, LLC" on Justia Law

Cudd Pressure Control, Inc. and WISCO, Inc. appealed a judgment entered in favor of Murex Petroleum Corporation in a personal injury case. As between WISCO and Murex, the case presented the question of whether a defense and indemnification provision in a contract applied. As between Cudd and Murex, the case presented a question of whether the district court abused its discretion when it sanctioned Cudd for spoliation of evidence. The North Dakota Supreme Court concluded the district court erred as a matter of law when it granted summary judgment for Murex determining the defense and indemnification provision applied. The Supreme Court also concluded the trial court abused its discretion when it sanctioned Cudd. Therefore, the Court reversed those portions of the judgment. Because the sanctions included an adverse inference instruction against Cudd at trial that may have affected the jury’s fault determination, the case was remanded for a new trial on the issue of fault apportionment. View "Simmons v. Cudd Pressure Control, et al." on Justia Law

The Supreme Court affirmed the superior court's entry of partial final judgment in accordance with Sup. Ct. R. Civ. P. 54(b) and the dismissal for lack of personal jurisdiction of Plaintiff's action under Sup. Ct. R. Civ. P. 12(b)(2) as to certain defendants, holding that the hearing justice did not err.At issue was the superior court's authority to exercise jurisdiction over claims brought against foreign corporate defendants based on a fatal injury to a Rhode Island resident following an accident that occurred outside of Rhode Island. The corporate defendants filed a motion to dismiss for lack of jurisdiction, which the hearing justice granted. Partial final judgment pursuant to Rule 54(b) was entered in favor of the corporate defendants. The Supreme Judicial Court affirmed, holding that the hearing justice (1) did not err in dismissing the claims against the corporate defendants based on a lack of personal jurisdiction; and (2) did not err in denying Plaintiff's request to conduct jurisdictional discovery. View "Martins v. Bridgestone Americas Tire Operations, LLC" on Justia Law

In an interlocutory appeal, Schaffner Manufacturing Company, Inc., argued that the circuit court erred by denying a portion of its motion to dismiss for failure to state a claim under Mississippi Rule of Civil Procedure 12(b)(6). Schaffner contended Darius Powell’s claims of negligence, negligent hiring, retention, and supervision all fell within the ambit of the Mississippi Workers’ Compensation Act. Powell alleged that on December 11, 2017, Rederick Kelly and O’Derrick Clark severely injured him while in the course and scope of their employment. The trial court ruled that the claims of assault, battery, and intentional infliction of emotional distress against Kelly and Clark were barred by the statute of limitations. However, the trial court found that Powell’s claims of “Negligence, Negligent Hiring, Retention, and Supervision, and Vicarious Liability” against Schaffner did not fall within the scope of the Mississippi Workers’ Compensation Act and denied the joint motion to dismiss those claims. The Mississippi Supreme Court agreed with Schaffner that Powell’s claims of negligent hiring, retention, supervision, and general negligence for failing to provide a safe work environment were all claims of direct negligence against Schaffner. "These claims properly fall within the scope of the Act. Therefore, the Act is Powell’s exclusive remedy for those claims, and those claims should have been dismissed." View "Schaffner Manufacturing Company, Inc. v. Powell" on Justia Law

Plaintiff-appellant Dr. Carter Page, a public figure with ties to President Trump’s 2016 campaign, claimed that defendant-appellee Oath Inc.’s online news organizations published eleven defamatory articles about him in 2016 and 2017. Michael Isikoff authored a Yahoo! News article that formed the backbone of the amended complaint (the “Isikoff Article”). Three other articles were written by employees at TheHuffingtonPost.com (“HuffPost”) and refer to the Isikoff Article (the “Employee Articles”). The remaining seven articles were written by HuffPost non-employee “contributors” (the “Contributor Articles”). The articles discussed an “intelligence report” from a “well-placed Western intelligence source” with information that Page met with senior Russian officials and discussed potential benefits to Russia if Donald Trump won the presidential election. The Superior Court granted Oath’s motion to dismiss, finding that the Isikoff Articles and Employee Articles were either true or substantially true; Page was at least a limited purpose public figure, meaning he was required to plead actual malice by the individuals responsible for publication, and he failed to meet that standard; the fair report privilege for government proceedings applied; and Oath was protected for the Contributor Articles under the federal Communications Decency Act. Page appealed the judgment except the superior court’s ruling that the Employee Articles were true. After review, the Delaware Supreme Court affirmed, finding that "[a]t a minimum, the article is substantially true, and as such, Page did not state a claim for defamation based on that article." Page also failed to state a claim for defamation with respect to the remaining articles. Page also failed to allege that the individuals responsible for publication of those articles acted with actual malice. Finally, Page did not contest the superior court’s holding that the Employee Articles were true. Because these grounds dispose of Page’s defamation claims, the Supreme Court did not address any of the trial court's other grounds for dismissal. View "Page v. Oath Inc." on Justia Law

A patient sued a hospital after learning that a hospital employee intentionally disclosed the patient’s health information in violation of the Health Insurance Portability and Accountability Act (HIPAA). The patient alleged the disclosure breached the hospital’s contractual obligations to him. The superior court instructed the jury to return a verdict for the hospital if the jury found that the employee was not acting in the course and scope of employment when she disclosed the patient’s information. The jury so found, leading to judgment in the hospital’s favor. The Alaska Supreme Court found the jury instruction erroneously applied the rule of vicarious liability to excuse liability for breach of contract. "A party that breaches its contractual obligations is liable for breach regardless of whether the breach is caused by an employee acting outside the scope of employment, unless the terms of the contract excuse liability for that reason." The Court therefore reversed judgment and remanded for further proceedings, in particular to determine whether a contract existed between the patient and hospital and, if so, the contract’s terms governing patient health information. View "Guy v. Providence Health & Services Washington" on Justia Law

In this case involving mesothelioma, the Fifth Circuit concluded that the multidistrict litigation (MDL) court engaged in improper weighing of the evidence on summary judgment relative to the survival action. Accordingly, the court reversed in part and remanded to the Louisiana district court. The court also considered it appropriate case management for the Louisiana district court to reconsider plaintiffs' motion for additional discovery. Finally, the court affirmed the district court's dismissal of the wrongful death claim, concluding that the district court properly determined that plaintiffs' wrongful death claims are time-barred. View "Williams v. Boeing Company" on Justia Law

Plaintiffs purchased a 2006 aircraft from an unidentified individual in 2016. In 2017, the plane was forced to make an emergency crash landing. The aircraft suffered significant structural damage and the complete loss of its engine, but no one was killed in the crash. Various actors were involved in the manufacture and maintenance of the aircraft, including Continental, which manufactured and shipped the engine to Columbia in Oregon, where it was installed. Cessna acquired assets from Columbia but did not assume Continental’s liabilities apart from express, written aircraft warranties still in effect at the time of acquisition. In 2014, Cessna became a subsidiary of Textron.Plaintiffs filed suit in Arizona, where the crash occurred. The case was removed to federal court. Four of the 15 original defendants—including Continental and Textron—were dismissed for lack of personal jurisdiction, finding that Plaintiffs had failed to show “that any of the moving Defendants are meaningfully connected to Arizona in such a way that renders them subject to this Court’s exercise of personal jurisdiction.” The Ninth Circuit affirmed, noting that the Plaintiffs have conceded that Arizona does not have general jurisdiction over either Defendant. Plaintiffs also failed to establish a prima facie case of specific jurisdiction over either Defendant, failing to establish that Defendants had sufficient minimum contacts with Arizona that are related to Plaintiffs’ claims. Plaintiffs’ reasons for seeking jurisdictional discovery with regard to Defendants’ contacts with Arizona were properly deemed insufficient. View "LNS Enterprises, LLC v. Continental Motors, Inc." on Justia Law

Isaak, an 84-year-old retired farmer, was diagnosed with Parkinson’s disease in 2020 and suffers physical and mental impairments. He is wheelchair-bound and receiving palliative care. Several parties have sued the manufacturers of Paraquat alleging that the pesticide caused their Parkinson’s disease and successfully petitioned the Judicial Council to form a Judicial Council Coordination Proceeding (JCCP) in 2019. By March 2021, discovery was underway in the JCCP.Isaak filed a products liability lawsuit in May 2021. The case was coordinated with the JCCP. Isaak sought trial preference under Code of Civil Procedure section 36; a party to a civil action is entitled to trial preference where the person is over 70 years of age and the court finds that the party has a substantial interest in the action as a whole and that the party’s health is such that preference is necessary to prevent prejudicing the party’s interest in the litigation. Defendants argued that the law governing coordinated proceedings conflicted with, and took precedence over, section 36. The trial court denied Isaak’s motion but approved a special procedure for seeking preference that it found would balance the interests of parties for whom a preference might be warranted with the need to streamline coordinated proceedings. The court of appeal upheld the ruling. Section 36 does not supersede California Rules of Court, 3.504, which governs coordinated proceedings. View "Isaak v. Superior Court" on Justia Law