Justia Civil Procedure Opinion Summaries

Ethel Barry Masters filed a petition against Jacob Dawson in 2019, alleging replevin, conversion, and unjust enrichment after Dawson refused to surrender possession of four vehicles that belonged to Masters' deceased long-term companion. Dawson disputed ownership and obstructed the legal process, including failing to respond to requests for admissions and barricading the vehicles to prevent towing. The circuit court granted partial summary judgment in favor of Masters, ordering Dawson to surrender the vehicles, which he did not comply with. Dawson's attorney withdrew due to ethical concerns, and subsequent attorneys also withdrew due to Dawson's failure to pay legal fees.The Circuit Court of St. Louis County scheduled multiple trial dates, which were postponed due to Dawson's actions, including retaining new attorneys and filing motions for continuance. Dawson failed to appear for a pretrial conference, leading the circuit court to cancel the jury trial and enter a default judgment in favor of Masters, awarding her $83,035.41 in actual damages and an equal amount in punitive damages. Dawson's conduct was deemed contemptuous, justifying punitive damages to deter similar behavior.The Supreme Court of Missouri reviewed the case and found that Dawson's constitutional claims regarding the right to a jury trial were unpreserved because he did not adequately raise them in his motion for a new trial. The court held that the circuit court did not abuse its discretion by sanctioning Dawson due to his pattern of obstructive behavior. The Supreme Court of Missouri affirmed the circuit court's judgment, upholding the damages awarded to Masters. View "Masters v. Dawson" on Justia Law

The plaintiffs, Kandi Terry-Smith and Roy A. Smith, Jr., filed a complaint against Mountain View Hospital (MVH) and Idaho Falls Community Hospital (IFCH) alleging medical malpractice after Kandi suffered an injury while a patient at MVH. The complaint was filed on March 11, 2022, and a second, identical complaint was filed on September 8, 2022. The first case was dismissed for inactivity, but the district court granted an extension for service of process. The process server, Tony Mares, filed an affidavit claiming he served MVH, but deficiencies were later found.In the district court, MVH moved to dismiss the second case as time-barred and the first case for insufficient service of process. The district court denied the Smiths' motion to consolidate the cases and dismissed the second case. The district court granted MVH’s motion to dismiss the first case for insufficient service of process, finding that the Smiths failed to properly serve MVH. The Smiths' subsequent motions for reconsideration, to amend the complaint, and for additional extensions were denied. The district court also denied the Smiths' I.R.C.P. 60(b) motion for relief from the order denying reconsideration and judgment.The Idaho Court of Appeals reviewed the case and affirmed the district court’s judgment. The court held that the Smiths failed to show good cause for the failure to timely serve MVH and did not exercise due diligence. The court also found no excusable neglect and determined that the Smiths' attorney's reliance on the process server’s affidavit was unreasonable. The court denied MVH’s request for attorney fees in the district court due to the lack of a cross-appeal but granted attorney fees and costs on appeal, finding the Smiths' appeal frivolous and without foundation. View "Smith v. Mountain View Hospital, LLC" on Justia Law

Andrew J. Scarborough, as the administrator of the estate of Timothy John Chumney, filed a lawsuit in the Montgomery Circuit Court against Wexford Health Sources, Inc., Deora Johnson, and Shari Barfield. The case involved allegations of negligence and medical malpractice following Chumney's suicide while incarcerated. The defendants initially did not object to the venue in their Rule 12 motions or answers. However, two years after the trial was first set, they moved to amend their answers to raise the defense of improper venue and filed a motion to transfer the case to Limestone Circuit Court. The Montgomery Circuit Court agreed and transferred the case.Scarborough petitioned the Supreme Court of Alabama for a writ of mandamus, arguing that the defendants had waived their defense of improper venue by not raising it earlier. The defendants contended that the transfer was mandatory under § 6-5-546 of the Alabama Medical Liability Act (AMLA), which they claimed allowed for a venue change at any time before trial.The Supreme Court of Alabama reviewed the case and determined that the defendants had indeed waived their right to challenge the venue under Rule 12(h)(1)(A) of the Alabama Rules of Civil Procedure by not including the defense in their initial motions. The court also clarified that § 6-5-546 of the AMLA did not apply because Scarborough did not allege that the acts or omissions occurred in more than one county. Therefore, the general timing provisions of Rule 12(h)(1) remained applicable.The Supreme Court of Alabama granted Scarborough's petition and issued a writ of mandamus directing the Montgomery Circuit Court to vacate its order transferring the case to Limestone Circuit Court. View "In re: Scarborough v. Wexford Health Sources" on Justia Law

The plaintiff, Lorraine Bellmar, as the personal representative of her deceased husband Harry Bellmar's estate, filed a medical malpractice and wrongful death action against Dr. Robert Moore and his medical practice. Harry Bellmar had been Dr. Moore's patient for approximately ten years, suffering from morbid obesity, hypertension, obstructive sleep apnea, and high cholesterol. In December 2006, an abnormal EKG was performed, but Dr. Moore did not order any follow-up cardiac testing over the next ten years. Harry Bellmar died in June 2016 from cardiac arrhythmia.The Superior Court granted summary judgment in favor of the defendants, concluding that the plaintiff's claim was barred by the seven-year statute of repose under G. L. c. 260, § 4, because the claim was based on the 2006 EKG, which occurred more than seven years before the filing of the lawsuit in December 2017. The Appeals Court affirmed the decision.The Supreme Judicial Court of Massachusetts reviewed the case and reversed the lower courts' decisions. The court held that the statute of repose does not shield later negligent acts if the medical malpractice claim is not predicated on acts or omissions that took place more than seven years before the filing of the claim. The court found that there were genuine issues of material fact regarding whether Dr. Moore's treatment of the decedent within the seven-year period was negligent, independent of the 2006 EKG. The case was remanded to the Superior Court for further proceedings. View "Bellmar v. Moore" on Justia Law

Jon and Shawna Hill, along with their children, filed a medical malpractice lawsuit against Dr. Stuart Clive and his employer, Emergency Medicine of Idaho, P.A. (EMI), alleging that Clive misdiagnosed Jon Hill with vertigo when he was actually suffering from a stroke. This misdiagnosis led to severe physical and cognitive impairments for Jon Hill. The Hills claimed negligence, gross negligence, reckless misconduct, and respondeat superior liability. The district court dismissed the children's claims, ruling that Idaho does not recognize a claim for loss of parental consortium. The jury found in favor of EMI and Clive, and the district court denied the Hills' motion for a new trial based on alleged juror misconduct.The Hills appealed the district court's dismissal of their children's claims, two evidentiary rulings, and the denial of their motion for a new trial. The Idaho Supreme Court affirmed the dismissal of the children's claims, agreeing that Idaho law does not recognize a claim for loss of parental consortium for non-fatal injuries. The court noted that creating such a cause of action involves significant policy considerations best left to the legislature.The Idaho Supreme Court reversed the district court's decision to allow expert testimony on "hindsight bias" by EMI's expert, Dr. Opeolu M. Adeoye, finding it irrelevant and prejudicial. The court held that this error affected the Hills' substantial rights, as the testimony improperly endorsed EMI's theme of hindsight bias, potentially influencing the jury's decision. Consequently, the judgment in favor of EMI and Clive was vacated, and the case was remanded for a new trial. The court did not address the Hills' other issues on appeal due to the remand. EMI's request for attorney fees on appeal was denied, as they were not the prevailing party. View "Hill v. Emergency Medicine of Idaho, P.A." on Justia Law

Kevin Vericker published an internet blog questioning the credentials, character, and competency of Norman Christopher Powell, who was appointed as the attorney for North Bay Village. Powell filed a defamation lawsuit against Vericker, claiming the blog posts were defamatory per se. Vericker responded with a motion for summary judgment and an anti-SLAPP motion, arguing that Powell, as a public official, needed to prove actual malice, which he could not. The trial court denied Vericker's motion.Vericker then sought a writ of certiorari from the Third District Court of Appeal to review the denial of his anti-SLAPP motion. The Third District held that certiorari was not appropriate for reviewing such orders, aligning with the Fourth District's position that public policy favors interlocutory review through rule amendments rather than expanding certiorari jurisdiction. The Third District certified conflict with the Second District's decisions in Gundel, Baird, and Davis, which had allowed certiorari review for anti-SLAPP motions.The Supreme Court of Florida reviewed the case and held that denials of anti-SLAPP motions do not constitute irreparable harm sufficient to support certiorari relief. The court emphasized that the Anti-SLAPP statute does not provide immunity from suit but rather aims for the expeditious resolution of meritless, speech-targeted lawsuits. To align with legislative intent, the court amended Florida Rule of Appellate Procedure 9.130(a)(3) to allow interlocutory review of nonfinal orders denying anti-SLAPP motions. The court approved the Third District's decision and disapproved the Second District's conflicting decisions. View "Vericker v. Powell" on Justia Law

Jeremy James Allen, while incarcerated at the Minnesota Correctional Facility in Faribault, filed a complaint against several officials alleging deliberate indifference and medical malpractice related to a hand injury from December 2017. He did not file any grievances with prison officials regarding his injury or medical treatment during his incarceration. Allen's complaint was initially filed in state court and later removed to federal court. After his release from custody, Allen amended his complaint, substituting Charles Brooks and Cheryl Piepho for previously unidentified defendants.The United States District Court for the District of Minnesota granted Allen's unopposed motion to amend his complaint after his release. The defendants moved to dismiss the complaint for lack of subject matter jurisdiction and failure to state a claim, but did not initially raise the issue of exhaustion of administrative remedies. The district court denied the motion to dismiss on qualified immunity grounds, finding that Allen plausibly alleged a violation of his Eighth Amendment right to adequate medical care.Brooks and Piepho later raised the failure to exhaust defense in a summary judgment motion, arguing that Allen's original complaint, filed while he was incarcerated, was subject to the Prison Litigation Reform Act (PLRA) exhaustion requirement. The district court denied their motion, ruling that the amended complaint, filed after Allen's release, was not subject to the PLRA's exhaustion requirement and did not relate back to the original complaint under Federal Rule of Civil Procedure 15(c).The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The court held that Allen's amended complaint, filed after his release, was the operative complaint and not subject to the PLRA's exhaustion requirement. Additionally, the court found that the amended complaint did not relate back to the original complaint because naming John and Jane Doe defendants did not qualify as a "mistake" under Rule 15(c). View "Allen v. Brooks" on Justia Law

Ms. Rajmonda Mile attended her daughter’s wedding at Kirkbrae Country Club on September 9, 2018, where she allegedly slipped and fell. She filed a lawsuit against Kirkbrae in Providence County Superior Court and requested any photographs or videotapes of the incident. Kirkbrae acknowledged possessing a surveillance video of the incident but claimed it was protected under attorney work product privilege, referencing the case Cabral v. Arruda.The Superior Court denied Ms. Mile’s motion to compel the production of the video, agreeing with Kirkbrae’s assertion that the video was protected under the work product doctrine. Ms. Mile then sought review from the Rhode Island Supreme Court, arguing that the video was actual evidence of the incident and not created in anticipation of litigation.The Rhode Island Supreme Court reviewed the case and determined that the video was not protected under the work product privilege because it was recorded by Kirkbrae’s surveillance system at the time of the incident and not at the request of an attorney. The court emphasized that the burden of proving the applicability of the work product privilege lies with the party seeking to withhold the evidence. Since Kirkbrae failed to meet this burden, the trial justice’s denial of the motion to compel was deemed an error.The Rhode Island Supreme Court quashed the Superior Court’s order and remanded the case for further proceedings consistent with its opinion, instructing the lower court to compel the production of the video. View "Mile v. Kirkbrae Country Club" on Justia Law

Judith Clinton filed a complaint in the Superior Court for Washington County against Chad Babcock, Lisa Nelson, Regina Foster Bartlett, and Caryn Sullivan, alleging defamation and other misconduct that caused her reputational damage, emotional distress, and monetary losses. Clinton later amended her complaint to include Maria DiMaggio and Toastmasters International, adding a breach of contract claim against the latter. The Superior Court allowed Clinton to file a second amended complaint but denied her third and fourth motions to amend.The Superior Court granted the defendants' motion to enforce a dismissal stipulation and vacated a scheduling order. Clinton, who had been representing herself after unsuccessful attempts to secure new counsel, signed a Stipulated Agreement of Dismissal with all defendants, which was filed on December 13, 2022. Subsequently, the defendants filed a Stipulation of Dismissal on December 27, 2022, without notifying Clinton, who then alleged fraudulent conduct. The trial justice initially vacated the Stipulated Agreement of Dismissal and scheduled a trial date but later reconsidered this decision.The Rhode Island Supreme Court reviewed the case and affirmed the Superior Court's order. The Supreme Court held that the trial justice properly reinstated the Stipulated Agreement of Dismissal, noting that the agreement was binding and could not be set aside without the consent of all parties, absent extraordinary circumstances such as fraud or mutual mistake. The court found no evidence of duress or other factors that would justify vacating the agreement. The Supreme Court also upheld the trial justice's decision to treat the defendants' motions as motions to reconsider, given the lack of proper notice to the defendants at the initial hearing. View "Clinton v. Babcock" on Justia Law

Plaintiff-Appellant Perry Spriggs was struck by a U.S. Postal Service vehicle while riding his bicycle on Calliope Street in New Orleans on March 23, 2022. On March 23, 2023, Spriggs faxed his medical records and a signed Standard Form 95 (SF-95) to the Postal Service, addressed to Tara D. Lennix, a Louisiana District Tort Claims/Collections Specialist, at the correct fax number. Spriggs received a fax confirmation stating successful transmission. On March 22, 2024, Spriggs filed a lawsuit against the United States for personal injury and property damage from the accident.The United States District Court for the Eastern District of Louisiana dismissed Spriggs’s claims with prejudice, granting the United States' Federal Rule of Civil Procedure 12(b)(1) motion to dismiss for lack of subject matter jurisdiction. The court found no affirmative evidence of receipt of the SF-95 by the Postal Service, relying on declarations from Postal Service employees stating they did not receive the fax. The court also dismissed the claims under Rule 12(b)(6) due to the expiration of the two-year statute of limitations for presentment to the agency.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court found that the district court erred in disregarding the fax confirmation sheet as probative evidence of presentment under the Federal Tort Claims Act (FTCA). The Fifth Circuit held that a fax confirmation sheet indicating successful transmission to the correct recipient is probative evidence that the FTCA’s presentment requirement has been satisfied. The court vacated the district court’s judgment and remanded the case for further proceedings consistent with its opinion. View "Spriggs v. United States" on Justia Law