Justia Civil Procedure Opinion Summaries

Akuna filed suit in federal court seeking dissolution of an oil and gas partnership and a determination of its ownership share. The district court granted summary judgment in favor of Akuna and ultimately ordered termination of the partnership and awarded $213,354.01 in partnership profits to Akuna, plus attorneys’ fees. The court rejected Garrisons' claim that Akuna's suit was barred by res judicata, concluding that this federal court suit to terminate the partnership, damages for breach of which had been adjudicated only nine months before the filing of this suit, still involves a different transaction. The court also concluded that Garrison was not deprived of a trial where the records supports that the nature of the district court proceeding approximates a trial on the merits because that court conducted a factual inquiry, assessed credibility, and weighed the evidence. Finally, the court rejected Garrison's claim that it was entitled to present oral testimony on the valuation and ownership issues. Accordingly, the court affirmed the judgment. View "Akuna Matata v. Texas NOM Ltd." on Justia Law

Trinity filed an administrative claim in 2012 and a complaint in federal court in 2013 under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b)(1), 2680(h), alleging malicious prosecution. In 1999, Trinity was indicted for illegally storing hazardous waste without a permit and the charges were dismissed in 2003. The district court dismissed Trinity's claim as time barred. The principal issue on appeal is whether equitable tolling is applicable in this case where one of the federal agents investigating Trinity intentionally concealed his extramarital affair with another investigator. Under Louisiana law, a claim of malicious prosecution requires showing both an “absence of probable cause” and “the presence of malice.” Thus, the only evidentiary basis for a viable malicious-prosecution FTCA claim “well grounded in fact” would be evidence to support the allegations that federal law enforcement officers maliciously instigated the prosecution despite a lack of probable cause. The court held that the district court erred by failing to equitably toll the statute of limitations, determining that the Government has not met its burden of conclusively establishing that Trinity would have discovered evidence to support the allegations in the complaint through the exercise of reasonable diligence prior to 2011. In this case, neither the unsealed grand jury testimony nor the amended complaint conclusively establish that Trinity would have discovered evidence to verify the allegations that federal law enforcement officials maliciously instigated the case despite a lack of probable cause. Accordingly, the court reversed as to this issue. The court concluded, however, that collateral estoppel is not applicable in this case. The court affirmed as to this issue. View "Trinity Marine Products, Inc. v. United States" on Justia Law

HPTA filed suit challenging SafeClear, the freeway towing program run by the City of Houston, contending that the program is preempted by 49 U.S.C. 14501 and violates its commercial-speech rights. The district court granted summary judgment for the City. HPTA has filed two previous suits challenging the program. The court concluded that HPTA has not demonstrated that there has been a change in the relevant facts undergirding its claim of federal preemption since the last suit; the nucleus of operative facts remains the same; and the claim of federal preemption is barred by res judicata. Likewise, HPTA’s commercial-speech claim is barred by res judicata. Accordingly, the court affirmed the judgment. View "Houston Prof'l Towing Ass'n v. City of Houston" on Justia Law

In this complex, multi-forum dispute over compensation between a German company (PACT) and its former CEO, the CEO appealed the district court's dismissal, without prejudice, based on forum nonconveniens (FNC). The court concluded that the forum selection clause in the contract at issue is mandatory and enforceable. Further, no overwhelming public interest requires retention in Texas. Given the Supreme Court’s strong admonitions in favor of dismissal and against retention save for extraordinary matters, the district court was well within the bounds of its considerable discretion in dismissing. Accordingly, the court affirmed the judgment. View "Weber v. Pact XPP Techs." on Justia Law

Plaintiffs filed a personal injury suit against defendants for alleged workplace injuries to Helen Allen. Defendants argued that the suit should be barred by judicial estoppel because plaintiffs failed to disclose the personal injury claim during their concurrent Chapter 13 bankruptcy proceeding.The district court granted defendants' motion for summary judgment. The court concluded that its precedent clearly establishes that the district court did not abuse its discretion when it dismissed plaintiffs’ claims based on judicial estoppel and provided a trustee with the opportunity to “pursue for the benefit of creditors a judgment or cause of action that the debtor fails to disclose in bankruptcy.” The court modified the district court’s judgment to clarify that the district court may reopen the present case and substitute a Chapter 7 trustee for plaintiffs if the trustee decides to pursue the claim within a reasonable period of time. Accordingly, the court affirmed the judgment as modified. View "Allen v. C & H Distributors, L.L.C.," on Justia Law

This case arose out of an alleged power of attorney agreement between appellant and KSRP, which was signed by appellee, an officer and 50% owner of PYK, the general partner of KSRP. On appeal, appellant challenged the district court's order and judgment dismissing his claims against appellee, arguing that the bankruptcy court and district court lacked "related to" jurisdiction under 28 U.S.C. 1331 because appellee's cross-claims for indemnity and contribution against KSRP had no possibility of succeeding. The court concluded that the pleadings are sufficient to support "related to" jurisdiction. In this case, appellee's allegations in his notice of removal and the facts alleged in appellant's pleadings in state court sufficiently show that appellee's contractual indemnity claim against KSRP was not immaterial and made solely for the purpose of obtaining jurisdiction or wholly insubstantial and frivolous. Accordingly, the court affirmed the judgment. View "Collins v. Sidharthan" on Justia Law

Plaintiffs won an $80 milllion judgment in an underlying action against Curacao. Plaintiffs then sought writs of garnishment against three garnishees. In these appeals from the garnishment action, the garnishees raised several issues. The court held that the district court lacked personal jurisdiction over two garnishees, improperly exercised quasi in rem jurisdiction over a debt owed by one of them, and erroneously failed to follow Texas procedure as to the third garnishee. View "Licea v. Curacao Drydock Co." on Justia Law

Plaintiff filed suit against the company managing the prison he was incarcerated in, and others, for multiple violations of his constitutional rights. On appeal, plaintiff challenged the district court’s denial of his motion for appointment of counsel to help litigate his civil rights claims against defendants. The district court denied the motion because it had no funding with which to compensate an appointed attorney, and it could find “no attorneys in the area willing or able to take the case pro bono.” Then the district court entered summary judgment against plaintiff. The court vacated and demanded, concluding that federal courts have inherent power to order counsel to accept an uncompensated appointment under the limited factual circumstances here. On remand, the district court must consider whether a compulsory appointment is warranted. View "Naranjo v. Thompson" on Justia Law

The DOJ filed a motion for further relief in this 40-year-old case in order to gain oversight and some level of control over Louisiana’s school voucher program. The district court granted the DOJ’s motion for further relief and thus mandated annual reporting requirements for Louisiana’s school voucher program. Appellants moved to vacate the district court's order under Federal Rules of Civil Procedure 59(e), 60(b)(4), and 60(b)(5). The district court denied the motion. The court held that the order concerning the voucher program is beyond the scope of the district court’s continuing jurisdiction in this case and is therefore void for lack of subject matter jurisdiction. The district court should have granted the Rule 60(b)(4) motion. The order is reversed and the injunction is therefore dissolved. View "Brumfield v. Louisiana State Bd. of Edu." on Justia Law

Three movants appealed the denial of their motion to intervene in State of Texas v. United States, where 26 states seek injunctive relief against the United States and several officials of DHS to prevent them from implementing a program entitled “Deferred Action for Parents of Americans and Lawful Permanent Residents” (DAPA). Movants are aliens who have lived in the United States for more than ten years, currently live in the Rio Grande Valley, and have minor children who are United States citizens. Movants believe that they are likely to receive grants of deferred action if DAPA goes into effect. The court reversed the district court's order denying intervention because movants satisfy the requirements for intervention by right under Federal Rule of Civil Procedure 24(a)(2). The court remanded to the district court. View "State of Texas v. United States" on Justia Law