Justia Civil Procedure Opinion Summaries

Fitzgerald Fruit Farms, LLC leased land from Whitaker Farms, LLC for a peach orchard. After being locked out of the leased premises, Fitzgerald Farms sued Whitaker Farms for damages. A jury awarded compensatory damages to Fitzgerald Farms. The Court of Appeals affirmed in part but reversed the trial court’s ruling that Fitzgerald Farms could not seek punitive damages. On remand, a second jury awarded punitive damages to Fitzgerald Farms. The Court of Appeals affirmed, holding that statements made during a settlement negotiation by Whitaker Farms’s Chief Operating Officer to Fitzgerald Farms’s owner were properly admitted under OCGA § 24-4-408.The trial court initially ruled that Fitzgerald Farms could not seek punitive damages, but the Court of Appeals reversed this decision. On remand, the trial court conducted a second jury trial focused on punitive damages, where the jury awarded $500,000 in punitive damages to Fitzgerald Farms. Whitaker Farms appealed again, arguing that the trial court abused its discretion by admitting statements made during a settlement negotiation. The Court of Appeals affirmed the trial court’s decision, stating that the statements were admissible to show Whitaker’s intent and state of mind.The Supreme Court of Georgia reviewed the case and vacated the Court of Appeals’s judgment. The Supreme Court determined that the statements made during the settlement negotiation were inadmissible under OCGA § 24-4-408. The Court concluded that the statements were offered to prove Whitaker Farms’s liability for punitive damages, which is not permissible under the statute. The case was remanded to the Court of Appeals to determine whether the admission of the statements was harmful and if a new trial on punitive damages is required. View "Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC" on Justia Law

In March 2020, Eva Osborne sued Pleasanton Automotive Company, LOP Automotive Company LP, HAG Automotive Investments LP, and Bob Slap, alleging workplace misconduct including discrimination, retaliation, harassment, and wage violations. Osborne, who worked as Slap’s executive assistant, claimed Slap required her to perform personal tasks without proper compensation. In response, Slap filed a cross-complaint against Osborne in August 2022, alleging libel, slander, and other claims based on statements Osborne made in a letter to HAG’s HR director.The Alameda Superior Court granted Osborne’s special motion to strike Slap’s cross-complaint under California’s anti-SLAPP statute, concluding that Osborne’s statements were protected activity made in anticipation of litigation and were privileged under Civil Code section 47. The court found that Slap could not show his claims had minimal merit because the statements were privileged and he failed to demonstrate malice.The California Court of Appeal for the First Appellate District reviewed the case de novo and affirmed the trial court’s decision. The appellate court agreed that Osborne’s statements were protected under the anti-SLAPP statute and that the litigation privilege barred Slap’s claims. The court found that Osborne’s HR letter was sent in good faith contemplation of litigation, supported by her retention of counsel and subsequent legal actions. The court did not need to address Osborne’s alternative arguments regarding conditional privilege and malice, as the litigation privilege alone was sufficient to affirm the trial court’s ruling. View "Osborne v. Pleasanton Automotive Co., LP" on Justia Law

A highway construction project in Johnson County, Indiana, required the widening of State Road 37 and the closure of an intersection at Fairview Road. The State initiated an eminent domain action to acquire a 0.632-acre strip of land from Franciscan Alliance, Inc., and the owners of easement rights over the strip, including The Market Place at State Road 37, LLC, and SCP 2010-C36-018, LLC, contested the action and sought damages due to changes in traffic flow from the intersection closure.The Johnson Superior Court appointed appraisers who valued the land and assessed damages. A jury trial followed, resulting in a verdict awarding $680,000 to Franciscan and $1,500,000 to SCP. The State appealed, arguing that damages for changes in traffic flow were not compensable. The Indiana Court of Appeals reversed the trial court's judgment, holding that the damages awarded were erroneous under existing caselaw on circuity of travel and traffic flow. Franciscan and SCP petitioned for transfer, which the Indiana Supreme Court granted.The Indiana Supreme Court reaffirmed the rule that when a road-improvement project leaves a property’s access points unchanged, a landowner cannot recover damages from changes in traffic flow, as these do not result from the taking of a property right. The Court held that the State’s construction project did not affect the owners’ access points to their properties, and thus, damages from the intersection closure were not compensable. The Court reversed the trial court’s judgment and remanded for proceedings to determine the just compensation owed to Franciscan for the 0.632-acre strip of land. View "State v. Franciscan Alliance, Inc." on Justia Law

The plaintiffs, co-personal representatives of the estate of Sara Schleider, filed a lawsuit in Florida state court against GVDB Operations, LLC, and JSMGV Management Company, LLC. They alleged that the defendants failed to prevent the spread of COVID-19 at their assisted living facility, resulting in Sara Schleider contracting the virus and subsequently dying. The plaintiffs asserted state-law claims for survival and wrongful death under Florida Statute § 429.28, alleging negligence and, alternatively, willful misconduct or gross negligence.The defendants removed the case to the United States District Court for the Southern District of Florida, claiming federal subject matter jurisdiction on three grounds: acting under a federal officer, complete preemption by the Public Readiness and Emergency Preparedness (PREP) Act, and an embedded federal question concerning the PREP Act. The district court concluded it lacked subject matter jurisdiction and remanded the case to state court, finding that the defendants' arguments did not establish federal jurisdiction.The United States Court of Appeals for the Eleventh Circuit reviewed the district court's decision. The appellate court affirmed the remand, holding that the defendants did not act under a federal officer, as their compliance with federal guidelines did not equate to acting under federal authority. The court also determined that the PREP Act did not completely preempt the plaintiffs' state-law claims, as the Act's willful misconduct provision did not wholly displace state-law causes of action for negligence. Lastly, the court found that the plaintiffs' claims did not raise a substantial federal question under the Grable doctrine, as the federal issues were not necessarily raised by the plaintiffs' well-pleaded complaint. Thus, the district court's remand to state court was affirmed. View "Howard Schleider v. GVDB Operations, LLC" on Justia Law

Appellant Yvonne Gant sued The Lynne Experience LTD (TLE) and Giant Foods, LLC (Giant) for negligence after allegedly being struck and injured by a golf cart operated by a TLE employee. Gant claimed that TLE and Giant failed to properly train and supervise their employees, leading to her injuries. TLE moved to dismiss the case, arguing that the District of Columbia’s Workers’ Compensation Act (WCA) provided Gant’s exclusive remedy, thus removing the court’s jurisdiction over the matter. The Superior Court agreed, dismissing Gant’s claims against TLE with prejudice, and later granted summary judgment in favor of Giant, finding no employer-employee relationship that could support Gant’s negligence claim.The Superior Court determined that the WCA provided Gant’s exclusive remedy and that the District of Columbia Department of Employee Services (DOES) had primary jurisdiction over her claims. The court dismissed Gant’s claims against TLE with prejudice, reasoning that any claim under the WCA would be time-barred. Subsequently, the court granted summary judgment for Giant, based on undisputed evidence that Giant was merely a sponsor of the event and had no role in managing or supervising the staff involved.On appeal, Gant argued that TLE failed to secure payment of compensation as required by the WCA and that she should be allowed to maintain her civil action. Alternatively, she requested a stay to present her claim to DOES. The District of Columbia Court of Appeals agreed that the WCA appeared to provide Gant’s exclusive remedy but held that the Superior Court should have dismissed her claim without prejudice. The court affirmed the summary judgment in favor of Giant, noting that Gant failed to present any arguments against it on appeal.The main holding by the District of Columbia Court of Appeals was that the Superior Court should have dismissed Gant’s claim against TLE without prejudice, allowing her the opportunity to pursue her claim with DOES. The court affirmed the summary judgment for Giant, as there was no evidence to support an employer-employee relationship necessary for Gant’s negligence claim. View "Gant v. The Lynne Experience, LTD" on Justia Law

Naomi Bermudez, a tenant in a federally subsidized housing complex managed by Mercy Housing Management Group Inc., faced eviction after Mercy Housing alleged she violated her lease by having an unauthorized guest who stayed beyond the allowed period, repaired vehicles on the property, and harassed another resident. Bermudez denied these allegations and requested a jury trial to resolve the factual disputes.The Denver County Court denied Bermudez's request for a jury trial, stating that there is no constitutional right to a jury trial in civil matters in Colorado. Bermudez then filed a petition with the Supreme Court of Colorado, arguing that she was entitled to a jury trial under the Colorado Rules of Civil Procedure and the statutory framework governing forcible entry and detainer (FED) actions.The Supreme Court of Colorado reviewed the case and held that Bermudez is entitled to a jury trial on the factual disputes in the FED-possession action. The court found that the right to a jury trial in such cases is rooted in the statutory framework and the Colorado Rules of Civil Procedure, specifically C.R.C.P. 338(a), which provides for a jury trial in actions for the recovery of specific real property. The court also determined that the FED statute and C.R.C.P. 338(a) are compatible and that the statutory right to a jury trial applies to factual disputes in FED-possession actions.The court acknowledged concerns about the potential burden on the county courts but concluded that the limited nature of the jury-trial right would not prove unworkable. The court reversed the county court's denial of Bermudez's jury demand, made absolute the order to show cause, and remanded the case with instructions for the county court to schedule a jury trial on the factual issues related to the possession dispute. View "Mercy Housing Management Group Inc. v. Bermudez" on Justia Law

Lois and David divorced in 1992, with David ordered to pay child and spousal support. The child support obligation ended in 2001 when their daughter turned 18 and graduated high school, but wage garnishments continued until 2008. In 2021, David sought reimbursement for overpaid child support, claiming he overpaid $46,061.55. Lois opposed, arguing the delay was unreasonable and would cause her financial hardship.The Superior Court of Los Angeles County denied David's request, finding he did not act timely and his reasons for the delay were insufficient to overcome the prejudice to Lois. The court noted David had previously acted to terminate spousal support but did not do so for child support. The court also found Lois had unclean hands, as she likely knew she was receiving overpayments. However, the court granted David $3,000 in attorney fees as sanctions against Lois for failing to comply with court orders.On appeal, David argued that reimbursement of overpaid child support is mandatory under Family Code section 4007 and that laches should not apply. The California Court of Appeal, Second Appellate District, Division Eight, affirmed the lower court's decision. The appellate court found that the defense of laches did not apply due to Lois's unclean hands but disagreed with David's interpretation of Family Code section 4007. The court noted that the original support order did not require Lois to notify David of the termination of the child support obligation, and it was David's responsibility to terminate the wage garnishment order. The court concluded that the trial court did not abuse its discretion in denying David's request for reimbursement due to the significant delay and resulting prejudice to Lois. View "In re Marriage of Saraye" on Justia Law

In 2010, four individuals sued the Revolutionary Armed Forces of Colombia (FARC) under the Anti-Terrorism Act, resulting in a default judgment of $318 million against FARC. Unable to collect from FARC, the plaintiffs sought to garnish assets of Samark José López Bello and his companies, alleging they were agents or instrumentalities of FARC. The district court initially ruled in favor of the plaintiffs, but the Eleventh Circuit reversed, mandating a jury trial to determine the agency status of López and his companies.On remand, the district court scheduled a jury trial and allowed discovery. The plaintiffs sought to depose López and requested documents. López and his companies filed motions for protective orders to avoid discovery, which the district court denied, warning of sanctions for non-compliance. López failed to appear for his deposition and did not comply with document requests. Consequently, the district court entered default judgments against López and his companies, citing willful disobedience and the inability to compel compliance due to López's fugitive status.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the district court's entry of default judgments, finding no abuse of discretion. The Eleventh Circuit held that the district court correctly interpreted its scheduling order to allow discovery and found that López's failure to comply with discovery orders was willful. The court also determined that less severe sanctions would not ensure compliance, given López's fugitive status. The Eleventh Circuit dismissed the argument that the district court lacked jurisdiction due to an appeal of the protective order denials, as those orders were not final or immediately appealable. View "Stansell v. Lopez Bello" on Justia Law

William Loomis was injured in a two-vehicle accident while driving a truck for his employer, XPO Logistics, Inc. The truck was registered in Indiana and garaged in New York. After recovering the full amount from the other vehicle’s liability insurer, Loomis sought additional recovery from ACE American Insurance Company, XPO’s insurer. ACE denied the claim, stating that the policy did not include underinsured motorist (UIM) coverage in Indiana or New York.Loomis sued ACE in New York state court, alleging breach of the insurance agreement. The case was removed to the United States District Court for the Northern District of New York. The district court granted Loomis’s motion, applying Indiana law, and concluded that the policy was not exempt from Indiana’s UIM statute. However, the court later granted ACE’s motion for summary judgment, determining that ACE’s obligation to provide UIM coverage was subject to the exhaustion of a $3 million retained limit. Both parties appealed, and the United States Court of Appeals for the Second Circuit certified two questions to the Indiana Supreme Court.The Indiana Supreme Court reviewed the case and concluded that the term “commercial excess liability policy” under Indiana law is ambiguous and must be construed in favor of the insured. Therefore, the policy in question is not exempt from the UIM coverage requirements. Additionally, the court found that the phrase “limits of liability” is also ambiguous and must be construed in favor of the insured, meaning that ACE’s statutory obligation to provide UIM coverage is not subject to the $3 million retained limit. The court answered both certified questions in the negative, ruling in favor of Loomis. View "Loomis v. ACE American Insurance Co." on Justia Law

Sisters Nikki Mazzocchio and Angela Kraus filed a federal "public liability action" under the Price-Anderson Act (PAA) against several defendants, alleging that exposure to radioactive waste caused them to develop cancer. The waste had been handled by various entities over the years, including Mallinckrodt, Cotter Corporation, and Commonwealth Edison Company. The plaintiffs claimed negligence, negligence per se, strict liability, and civil conspiracy. The defendants moved to dismiss the complaint, arguing that federal law preempted the state-law claims because federal nuclear dosage regulations provide the exclusive standard of care in a public liability action. The district court denied the motions to dismiss, and the defendants appealed.The United States District Court for the Eastern District of Missouri denied the defendants' motions to dismiss, holding that the plaintiffs' state-law claims were not preempted by federal law. The court found that the plaintiffs had adequately pleaded their case under state tort law standards. The defendants then sought and were granted permission to appeal the decision.The United States Court of Appeals for the Eighth Circuit affirmed the district court's decision. The appellate court held that state tort law standards of care are not preempted by federal nuclear dosage regulations in a public liability action under the PAA. The court referenced the Supreme Court's decision in Silkwood v. Kerr-McGee Corp., which established that state tort law applies in cases involving nuclear incidents, despite the federal government's exclusive control over nuclear safety regulation. The court also noted that Congress, through the PAA's 1988 amendments, did not repudiate the role of state tort law in such cases. Therefore, the Eighth Circuit concluded that the district court correctly denied the defendants' motion to dismiss, allowing the plaintiffs' state-law claims to proceed. View "Mazzocchio v. Cotter Corporation" on Justia Law