Justia Civil Procedure Opinion Summaries

Plaintiff has a neurological disorder, tardive dyskinesia. Plaintiff’s involuntary movements include tongue thrusting, pursing of the lips, choking, and side-to-side chewing of the jaw. She becomes mute, screams or makes non-verbal sounds, particularly under stress. She also suffers post-traumatic stress disorder and bipolar disorder, with severe anxiety. Shortly after plaintiff was diagnosed with TD, a personal injury suit that she had filed went to trial. She had no lawyer. Before trial, she sought accommodations of her medical problems, and was permitted to have a friend and a family member take notes, was given a podium, and was allowed to take occasional recesses. She was denied other requested help—a microphone, an interpreter, and a jury instruction explaining her disorder, lest the jurors think she was just acting up. She was hectored by the judge, who told the jury that the plaintiff has a “speech impediment.” She suffered other embarrassments in front of the jury, which returned a verdict for the defendant. Plaintiff unsuccessfully moved for a new trial on the ground that she was disabled within the meaning of the Americans with Disabilities Act yet had been denied reasonable accommodations. The Seventh Circuit reversed and remanded, finding that plaintiff was denied a full and fair opportunity to vindicate her claims. View "Reed v. State of Illinois" on Justia Law

In 2014, two people were killed when a Seattle news helicopter crashed. The National Transportation Safety Board investigated, pursuant to 49 U.S.C. 1131(a)(1), “to ascertain measures that would best tend to prevent similar accidents or incidents in the future.” NTSB “does not engage in traditional agency adjudications, nor does it promulgate or enforce any air safety regulations. Rather, it simply analyzes accidents and recommends ways to prevent similar accidents.” No part of an NTSB accident report may be admitted into evidence or used in a civil action for damages. In 2015, the Board released a Factual Report concerning its investigation of the Seattle crash; it has not yet released an analysis of the likely cause of the accident. The Illinois company that owned and operated the helicopter involved in the crash asserted that the Report “omits significant information that will make it impossible for the Board to reach an accurate determination of Probable Cause” and unsuccessfully requested that NTSB rescind the Report and refrain from releasing its Probable Cause Report until “errors in the Factual Report are addressed.” The Seventh Circuit dismissed a petition seeking an order requiring NTSB to rescind or withhold reports. The court concluded that the Board’s reports are not final orders subject to review. View "Helicopters, Inc. v. Nat'l Transp. Safety Bd." on Justia Law