Justia Civil Procedure Opinion Summaries

A woman with COVID-19 and multiple underlying health conditions was admitted to a hospital and then transferred to a skilled nursing facility for ongoing treatment. During her stay at the facility, she was under the care of a physician who prescribed various treatments for her COVID-19 infection. Despite these interventions, her condition deteriorated, and she developed additional complications, including pressure wounds and dehydration. After being discharged from the facility without hospice or home health arrangements, she was readmitted to the hospital, where her condition continued to decline. She was eventually discharged home under hospice care and died shortly thereafter. Her surviving spouse filed a wrongful death lawsuit, alleging that the facility and physician were negligent in her care.The District Court of Garfield County granted summary judgment in favor of the defendants, finding that they were immune from liability under both the federal Public Readiness and Emergency Preparation (PREP) Act and Oklahoma’s COVID-19 Public Health Emergency Limited Liability Act. The district court reasoned that the acts and omissions in question were incident to the provision of care for a COVID-19 patient and thus fell within the scope of the immunity statutes. The plaintiff appealed this decision.The Supreme Court of the State of Oklahoma reviewed the case de novo. It held that the defendants were not entitled to summary judgment on the basis of immunity. The court found that the defendants failed to provide evidence establishing a causal relationship between the administration or use of covered countermeasures and the plaintiff’s injuries, as required for PREP Act immunity. Additionally, the court determined that the defendants did not meet the evidentiary burden to show the requisite impact under the state COVID-19 Act, and that a genuine issue of material fact existed regarding gross negligence. The Supreme Court reversed the district court’s judgment and remanded the case for further proceedings. View "AUSTBO v. GREENBRIAR" on Justia Law

After a fatal car accident involving a 2008 Lexus ES350, the driver, whose wife died in the crash, sued Toyota, alleging the vehicle was defective due to unintended acceleration. His case was added to a coordinated group of California state court proceedings (JCCP) involving similar claims against Toyota. The coordinated proceedings had established a Common Benefit Fund, requiring all plaintiffs whose cases resolved after a certain date to pay an 8 percent assessment from their recoveries. This fund compensated lead counsel for work that benefited all plaintiffs, such as shared discovery and expert work.The plaintiff’s case was coordinated with the JCCP in 2018. After settling with Toyota, he moved in the Superior Court of Los Angeles County to exempt his case from the 8 percent assessment, arguing he did not use or benefit from the shared work product and that his case was factually distinct. The Committee overseeing the fund opposed, submitting evidence that the plaintiff’s original attorney had relied on common benefit materials and that the issues in his case overlapped with those in the coordinated proceedings. The trial court found the plaintiff had not met his burden to show he was entitled to an exemption and denied his motion for relief from the assessment.On appeal, the California Court of Appeal, Second Appellate District, Division Seven, held that the order denying relief was appealable as a collateral order. The court affirmed the lower court’s decision, concluding that the plaintiff failed to demonstrate as a matter of law that neither he nor his counsel benefited from the common work product. The court found the assessment applied, as the plaintiff’s case fell within the scope of the coordination order and he did not prove entitlement to an exemption. The order requiring the 8 percent assessment was affirmed. View "Pruchnik v. JCCP4621 Common Benefit Committee" on Justia Law

A group of companies that are frequently sued in asbestos litigation brought an action against several settlement trusts and a claims processing facility. These trusts were established as part of bankruptcy reorganizations by former asbestos manufacturers to handle and pay out current and future asbestos-related claims. The plaintiffs rely on information held by these trusts—specifically, data about claimants’ other asbestos exposures—to defend themselves in ongoing and anticipated lawsuits. In January 2025, the trusts announced new document retention policies that would result in the destruction of most existing claims data after one year, which the plaintiffs argued would severely impair their ability to defend against asbestos claims and seek contribution or indemnification from the trusts.Previously, the trusts notified claimants of the impending data destruction, and the plaintiffs, upon learning of this, requested that the trusts not implement the new policies. When the trusts refused, the plaintiffs filed suit in the Court of Chancery of the State of Delaware, seeking a declaratory judgment that the trusts have a duty to preserve the claims data and a permanent injunction to prevent the destruction of this information. The trusts moved to dismiss, arguing that the court lacked subject matter jurisdiction, that the plaintiffs lacked standing, and that the complaint failed to state a claim.The Court of Chancery denied the motions to dismiss. It held that it had subject matter jurisdiction because the plaintiffs sought injunctive relief and because the case fit within the court’s traditional equitable powers, including the authority to grant a bill of discovery to preserve evidence for use in litigation. The court found that the plaintiffs had standing, as they faced a concrete and imminent injury from the threatened destruction of data essential to their defense and contribution claims. The court also held that the complaint stated a claim for relief, allowing the case to proceed beyond the pleading stage. View "DBMP LLC v. Delaware Claims Processing Facility, LLC" on Justia Law

David and Bonnie Faulk, residents of Alaska, purchased over one hundred windows from Spenard Builders Supply for their custom-built home and alleged that the windows, manufactured by JELD-WEN, were defective in breach of an oral warranty. They filed a class action in Alaska state court against Spenard Builders Supply, an Alaska corporation, and JELD-WEN, a Delaware corporation, asserting state-law claims. The defendants removed the case to federal court under the Class Action Fairness Act (CAFA), which allows federal jurisdiction based on minimal diversity in class actions.After removal, the Faulks amended their complaint to remove all class action allegations and sought to remand the case to state court. The United States District Court for the District of Alaska denied their motion to remand, relying on Ninth Circuit precedent that held federal jurisdiction under CAFA is determined at the time of removal and is not affected by post-removal amendments. The district court allowed the amendment to eliminate class allegations but ultimately dismissed the second amended complaint with prejudice, finding most claims time-barred and one insufficiently pled.On appeal, the United States Court of Appeals for the Ninth Circuit reviewed the impact of the Supreme Court’s decision in Royal Canin U.S.A., Inc. v. Wullschleger, which held that federal jurisdiction depends on the operative complaint, including post-removal amendments. The Ninth Circuit concluded that, after the Faulks removed their class action allegations, the sole basis for federal jurisdiction under CAFA was eliminated, and complete diversity was lacking. The court vacated the district court’s order dismissing the complaint and remanded with instructions to remand the case to state court unless another basis for federal jurisdiction is established. View "FAULK V. JELD-WEN, INC." on Justia Law

Elisabeth Koletas, who was four months pregnant, requested a pat-down instead of passing through a body scanner at Southwest Florida International Airport due to concerns about radiation. During the pat-down, Transportation Security Officer (TSO) Sarno conducted a prolonged probe of Koletas’s vaginal area, focusing on material in her underwear. Koletas explained it was toilet paper used to stem pregnancy-related bleeding. Sarno, skeptical, moved Koletas to a private room and brought in Supervising TSO Shane, who further probed Koletas’s underwear and vaginal area. Shane directed Koletas to lift her dress and ultimately removed the toilet paper, finding no prohibited items. Koletas experienced psychological and physical distress from the encounter.After exhausting administrative remedies, Koletas filed suit against the United States in the United States District Court for the Middle District of Florida under the Federal Tort Claims Act (FTCA), alleging battery, false imprisonment, intentional infliction of emotional distress, and negligence. The United States moved to dismiss, arguing that the FTCA’s intentional tort exception preserved sovereign immunity for the alleged battery and false imprisonment. The district court agreed, relying solely on an unpublished Eleventh Circuit decision, and dismissed the case for lack of subject-matter jurisdiction.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the dismissal de novo. The court held that TSOs are “officers of the United States” empowered by law to execute searches under the FTCA’s law enforcement proviso, which waives sovereign immunity for certain intentional torts committed by such officers. The court found the statutory language unambiguous and joined five other circuits in this interpretation. The Eleventh Circuit reversed the district court’s dismissal and remanded the case for further proceedings on the merits. View "Koletas v. USA" on Justia Law

A train operated by Norfolk Southern carrying hazardous materials derailed near East Palestine, Ohio, in February 2023. The cleanup released toxic chemicals into the surrounding area, prompting affected residents and businesses to file suit against the railroad and other parties in federal court. These cases were consolidated into a master class action, and after extensive discovery and mediation, Norfolk Southern agreed to a $600 million settlement for the class. The district court for the Northern District of Ohio approved the settlement in September 2024. Five class members objected and appealed, but the district court required them to post an $850,000 appeal bond by January 30, 2025, to cover administrative and taxable costs. The objectors did not pay the bond or offer a lesser amount.After the bond order, the objectors filed a motion in the United States Court of Appeals for the Sixth Circuit to eliminate or reduce the bond, but did not seek a stay. The Sixth Circuit motions panel explained that, absent a separate notice of appeal, it could only address the bond on a motion to stay, which the objectors expressly disclaimed. The objectors then moved in the district court to extend the time to appeal the bond order, but did so one day after the deadline set by Federal Rule of Appellate Procedure 4(a)(5)(A). The district court denied the motion as untimely, finding it lacked jurisdiction to grant an extension.The United States Court of Appeals for the Sixth Circuit held that the deadlines for appealing and requesting extensions are jurisdictional and cannot be equitably extended. The court dismissed the objectors’ appeal of the motion to extend for lack of jurisdiction and granted the plaintiffs’ motion to dismiss the objectors’ appeals of the settlement for failure to pay the required bond. View "In re E. Palestine Train Derailment" on Justia Law

A security services company and its sole shareholder, who is also its president and CEO, provided security services to two Iowa cities under separate contracts. After the shareholder published a letter criticizing media coverage of law enforcement responses to protests, a local newspaper published articles highlighting his critical comments about protestors and the Black Lives Matter movement. Subsequently, a city council member expressed concerns about the shareholder’s views, and the city council voted unanimously to terminate the company’s contract. The council member also pressured officials in the other city to end their contract with the company. Facing negative publicity, the company voluntarily terminated its second contract to avoid harm to a pending business transaction.The plaintiffs filed suit in the United States District Court for the Southern District of Iowa against the city, the council member, and other council members, alleging First Amendment retaliation, tortious interference with business contracts, and defamation. The district court granted the defendants’ motion to dismiss all claims under Rule 12(b)(6). It found that the shareholder lacked standing to assert a First Amendment retaliation claim for injuries to the corporation, and that the corporation failed to state a retaliation claim because only the shareholder engaged in protected speech. The court dismissed the tortious interference claim for lack of sufficient factual allegations and because the contract was terminated voluntarily. The defamation claim was dismissed for failure to identify any actionable statements by the defendants.On appeal, the United States Court of Appeals for the Eighth Circuit affirmed the dismissal of the shareholder’s First Amendment retaliation and defamation claims, but directed that these dismissals be without prejudice. The court reversed the dismissal of the corporation’s First Amendment retaliation and tortious interference claims, finding that the complaint alleged sufficient facts to survive a motion to dismiss, and remanded those claims for further proceedings. View "Conley v. City of West Des Moines" on Justia Law

Rebecca Blakesley, a nurse, ended her marriage with Andrew Blakesley in early 2021 after a tumultuous relationship marked by alleged abuse. Shortly after she obtained a protective order and filed for divorce, Andrew’s mother, Colleen Marcus, and his sister-in-law, Jennifer Marcus, reported Rebecca to various public and private organizations. They accused her of violating patient confidentiality, fraudulent billing, academic dishonesty, and faking a COVID test. These reports led to investigations, the loss of Rebecca’s employment, and the suspension of her application for a professional license.Rebecca filed a lawsuit in the United States District Court for the District of Massachusetts, alleging defamation and intentional interference with business relations. She claimed the Marcuses’ actions were motivated by retaliation for her divorce. The Marcuses responded with a special motion to dismiss under the Massachusetts anti-SLAPP statute, which is designed to protect individuals from lawsuits intended to chill their right to petition the government. The district court denied the motion, finding that Rebecca’s claims were not based solely on petitioning activity because the Marcuses’ reports to private employers and a nursing school did not qualify as protected petitioning under the statute.On appeal, the United States Court of Appeals for the First Circuit reviewed whether the anti-SLAPP statute applied. The court held that the Marcuses failed to show their conduct was solely petitioning activity, as required by the Massachusetts Supreme Judicial Court’s recent clarification in Bristol Asphalt, Co. v. Rochester Bituminous Prods., Inc. The First Circuit affirmed the district court’s denial of the anti-SLAPP motion, holding that mixed claims involving both petitioning and non-petitioning conduct are not subject to dismissal under the statute, and remanded the case for further proceedings. View "Blakesley v. Marcus" on Justia Law

A young woman was seriously injured when the passenger airbag in a 1998 Infiniti QX4 deployed during a low-speed collision, causing permanent vision loss in one eye. She was wearing her seatbelt at the time. The accident occurred when another vehicle exited a parking lot and collided with the Infiniti. The injured party, initially represented by her mother as next friend, sued the vehicle’s manufacturer, alleging that the airbag system was defectively designed and that safer alternative designs were available at the time of manufacture.The case was tried in the Mobile Circuit Court. During voir dire, two jurors failed to disclose their prior involvement as defendants in civil lawsuits, despite being directly asked. After a jury awarded $8.5 million in compensatory damages to the plaintiff on her Alabama Extended Manufacturer’s Liability Doctrine (AEMLD) claim, Nissan discovered the nondisclosures and moved for judgment as a matter of law, a new trial, or remittitur. The trial court denied all motions, finding that substantial evidence supported the verdict and, although it believed probable prejudice resulted from the jurors’ nondisclosures, it felt bound by Alabama Supreme Court precedent to deny a new trial.On appeal, the Supreme Court of Alabama affirmed the denial of Nissan’s renewed motion for judgment as a matter of law, holding that the plaintiff presented substantial evidence of a safer, practical, alternative airbag design. However, the Court reversed the denial of the motion for a new trial, concluding that the trial court erred in believing it lacked discretion due to prior case law. The Supreme Court clarified that the trial court retained discretion to determine whether the jurors’ nondisclosures resulted in probable prejudice and remanded the case for the trial court to exercise that discretion. View "Nissan North America, Inc. v. Henderson-Brundidge" on Justia Law

A same-sex married couple, one a U.S. citizen residing in California and the other a Saudi citizen, spent part of each year living together in Saudi Arabia, where homosexuality is punishable by death. In 2021, after U.S. travel restrictions eased, they booked tickets with a German airline to fly from Saudi Arabia to San Francisco. The airline, which operates extensively in California, required them to confirm their marital status for entry into the U.S. During check-in in Riyadh, a senior airline employee publicly disclosed and questioned their relationship, and copies of their marriage certificate and passports were sent electronically to airline headquarters despite their concerns about Saudi government surveillance. After the trip, the Saudi government updated one plaintiff’s official status to “married,” and he feared returning to Saudi Arabia due to potential severe penalties. The couple alleged that the airline’s actions led to significant personal, financial, and health consequences.The couple filed suit in California state court against the airline and its U.S. subsidiary, alleging breach of contract and several torts. The defendants removed the case to the United States District Court for the Northern District of California, asserting diversity and federal question jurisdiction. The district court dismissed the case for lack of personal jurisdiction. On appeal, the United States Court of Appeals for the Ninth Circuit initially remanded for clarification of the subsidiary’s citizenship, after which the district court allowed amendment of the removal notice to reflect the correct citizenship.Upon renewed review, the Ninth Circuit held that the district court had both specific personal jurisdiction over the defendants and subject matter jurisdiction based on diversity. The court found that the airline purposefully availed itself of California’s market, the claims arose from the airline’s California-related activities, and exercising jurisdiction was reasonable. The court reversed the district court’s dismissal and remanded for further proceedings. View "DOE V. DEUTSCHE LUFTHANSA AKTIENGESELLSCHAFT" on Justia Law