Justia Civil Procedure Opinion Summaries

The case involves Shannon Blick, a former principal of an elementary school in the Ann Arbor Public School District. In 2019, Blick was placed on paid leave while the school district investigated her role in a custodian's over-billing scheme. The leave lasted two years, and the school district eventually terminated Blick's contract. Blick filed a lawsuit while still on leave, alleging that various officials violated her freedoms of speech and association under the First Amendment. She also brought race-discrimination, due-process, and conspiracy claims against these officials. The district court rejected Blick's First Amendment claims at the summary-judgment stage and dismissed the other claims on the pleadings.On appeal, the United States Court of Appeals for the Sixth Circuit affirmed the district court's decision. The court found that Blick failed to show a reversible error. She argued that the school district violated the First Amendment by imposing a prior restraint that barred her from speaking during her leave and by taking harmful actions against her in retaliation for her speech. However, the court found that Blick's lawyers did not provide sufficient information about what she wanted to say or what she did say. The court also found that Blick's opening brief did not preserve her challenges to much of the district court's motion-to-dismiss decision. As a result, the court affirmed the district court's decision. View "Blick v. Ann Arbor Public School District" on Justia Law

This case involves a dispute between Deutsche Bank Trust Company Americas as Trustee Rali 2006QA5 (Deutsche Bank), the holder of the first deed of trust, and SFR Investments Pool 1, LLC (SFR), the purchaser of a property at a homeowners’ association (HOA) lien foreclosure sale. The dispute centers around whether the homeowner's partial payments to the HOA satisfied the superpriority lien, which would mean that the HOA foreclosure did not extinguish the first deed of trust.The district court initially granted summary judgment in favor of Deutsche Bank, finding that the homeowner's pre-foreclosure payments satisfied the superpriority lien. However, on appeal, the Supreme Court of Nevada vacated and remanded the case, instructing the district court to consider the analysis in the then recently decided case 9352 Cranesbill Trust v. Wells Fargo Bank, N.A. On remand, the district court ruled in favor of SFR, concluding that a portion of the superpriority lien remained unsatisfied, so the HOA foreclosure extinguished Deutsche Bank’s deed of trust.The Supreme Court of Nevada disagreed with the district court's conclusion. The court held that, unless expressly authorized by the homeowner, the HOA may not allocate a payment in a way that results in a forfeiture of the first deed of trust holder’s interest and deprives the homeowner of the security on the homeowner’s mortgage. Applying this principle to the case at hand, the court found that the homeowner's partial payments to the HOA satisfied the HOA’s superpriority lien, so the foreclosure did not extinguish Deutsche Bank’s first deed of trust. Therefore, SFR took possession of the property subject to the deed of trust. The court reversed the judgment of the district court and remanded for entry of judgment for Deutsche Bank consistent with this opinion. View "Deutsche Bank Trust Company Americas v. SFR Investments Pool 1, LLC" on Justia Law

The case involves Somsak Limprasert, a patient diagnosed with COVID-19 and acute hypoxic respiratory failure, who was transferred to PAM Specialty Hospital of Las Vegas, LLC, for rehabilitation and treatment. While at PAM, Limprasert, who was bedridden and unable to stand without support, was assisted by PAM's workers to rise from his bed. However, they unexpectedly let go of him while he was in a standing position, causing him to fall and suffer injuries. Limprasert filed a complaint against PAM, asserting claims for negligence and abuse of the vulnerable, and alternatively, under Nevada’s medical malpractice statutes. However, he failed to attach a supporting declaration from a medical expert to his complaint.The district court found that Limprasert’s claims were of professional negligence, requiring a supporting declaration from a medical expert. As Limprasert filed his complaint without the supporting declaration and the erratum was not filed at the same time as the complaint, the district court granted PAM’s motion to dismiss. Limprasert appealed, and the court of appeals reversed the decision, finding that the district court erred by dismissing Limprasert’s complaint. PAM petitioned the Supreme Court of Nevada for judicial review.The Supreme Court of Nevada determined that Limprasert’s claims were of professional negligence, requiring an affidavit under Nevada law. However, the court concluded that Limprasert’s expert declaration complied with the law, and the district court therefore erred by dismissing his complaint for noncompliance. The court reversed the dismissal of Limprasert’s professional negligence claims and remanded the case for further proceedings. View "Limprasert v. PAM Specialty Hospital of Las Vegas, LLC" on Justia Law

The case revolves around Brent Gordon's claim that Herriman City's policy violates his right to inspect records under the Utah Government Records Access and Management Act (GRAMA). Gordon did not appeal Herriman’s denial of a records request but instead sued for an injunction that would require Herriman to allow him to inspect any public record free of charge. The district court dismissed Gordon’s case, concluding that he needed to submit a formal records request and exhaust his administrative remedies before bringing suit.The district court agreed with Herriman City and dismissed Gordon’s claim. The court ruled that Gordon was not entitled to judicial review because he either did not make a formal GRAMA request or, if he did, he did not fully exhaust the administrative remedies associated with that request. Gordon appealed the district court’s decision to the Supreme Court of the State of Utah.The Supreme Court of the State of Utah affirmed the district court's decision. The court found that Gordon lacked statutory standing to pursue his claim. The court explained that the injunction provision in Utah Code section 63G-2-802(1), which Gordon relied on, merely provides a remedy and does not create a right of action. The court concluded that without an express or implied statutory right to seek judicial review of Herriman’s alleged policy, Gordon lacked statutory standing to pursue this action. Therefore, the district court lacked jurisdiction to adjudicate his GRAMA claim and correctly dismissed it. View "Gordon v. Nostrom" on Justia Law

The case revolves around a dispute over the ownership of five parcels of land in Aurora County, South Dakota. The plaintiff, Edward Mohnen, initiated a quiet title action to determine the ownership of these parcels, which were titled in his father's name after his father died intestate in 1969. The defendants included the estate of Edward's late brother, John Mohnen, and the John J. Mohnen Trust. John's Estate counterclaimed, asserting that it held a complete fee interest in all the disputed parcels through adverse possession and also asserted the affirmative defense of laches.The Circuit Court of the First Judicial Circuit in Aurora County, South Dakota, rejected both the laches defense and adverse possession theory. It determined ownership for the five tracts at issue, applying intestacy laws to evidence concerning the current state of record title.Upon review, the Supreme Court of the State of South Dakota reversed the lower court's decision. The Supreme Court held that the lower court erred in its interpretation of the adverse possession claim under South Dakota Codified Laws (SDCL) 15-3-15. The Supreme Court clarified that SDCL 15-3-15 requires only proof of “(1) claim and color of title made in good faith, (2) ten successive years in possession, and (3) payment of all taxes legally assessed.” The court found that John's Estate met these requirements and thus, reversed the lower court's decision denying John’s Estate’s adverse possession claim under SDCL 15-3-15. The case was remanded for further proceedings consistent with the Supreme Court's opinion. View "Mohnen v. Estate of Mohnen" on Justia Law

The case involves a dispute between Michael Powell and Melanie Knoepfler-Powell over the modification of their child custody arrangement. The couple divorced in 2017 and agreed to joint legal custody of their child, with primary physical custody granted to Melanie. In 2021, Melanie intended to move to Alabama and sought to modify the custody arrangement. Michael objected and sought an injunction to prevent the relocation. He also sought primary physical custody if Melanie relocated or more time with the child if she stayed in Virginia. Both parties also requested "tie-breaking authority" regarding the child's legal custody.The Fairfax County Circuit Court denied Michael's motion to modify the custody arrangement. The court allowed their child, who was nine years old, to testify and used her notes as a guide for questioning. The court admitted the notes as a demonstrative exhibit, meaning they had no independent probative value and were meant to explain or clarify other substantive evidence. The court used uncorroborated portions of the notes in its decision not to modify the custody arrangement. Michael appealed the decision, arguing that the trial court erred by reviewing the child's notes while she testified, admitting the notes as a demonstrative exhibit, and relying on them in reaching its decision.The Court of Appeals of Virginia affirmed the trial court's decision. It ruled that Michael failed to sufficiently preserve for appeal any challenges to the trial court's review of the child's notes or the admission of the notes as a demonstrative exhibit. The Court of Appeals also determined that the trial court's ruling was not actually based on the child's notes, but on testimony contained in the record.The Supreme Court of Virginia reversed the portion of the Court of Appeals decision that affirmed the judgment of the trial court. It held that the trial court abused its discretion by relying on the uncorroborated portions of the child's notes in determining whether it was in the child's best interests to modify the custody arrangement. The case was remanded to the Court of Appeals with instructions to remand the case to the trial court for reconsideration. View "Powell v. Knoepfler-Powell" on Justia Law

The case involves Holston Banks, a convicted prisoner, who sued John Spence for excessive use of force in violation of his Fourteenth Amendment rights. The incident occurred in 2017, and Banks filed his lawsuit in October 2019. In April 2022, Spence moved to extend the deadline for filing an amended pleading, which was initially set for May 2, 2022. The court denied the motion but later extended the deadline to May 25, 2022, after a joint motion for an agreed amended scheduling order. On May 24, Spence filed an amended answer to Banks's complaint.Spence moved for judgment on the pleadings in September, arguing that Banks's Fourteenth Amendment claim was not applicable to convicted prisoners. He also claimed that Banks failed to state an Eighth Amendment claim. Banks's counsel became aware of the Eighth/Fourteenth Amendment distinction in August. On October 6, 134 days after the deadline and 38 days after Banks's counsel became aware of the issue, Banks moved to amend his claim to assert an Eighth Amendment claim. The district court denied the motion and granted judgment on the pleadings.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court applied the Federal Rule of Civil Procedure 16(b)(4), which requires the party seeking relief to show that the deadlines could not reasonably be met despite their diligence. The court found that Banks's counsel's failure to understand the applicable law until after the deadline had passed was not an adequate explanation for the delay in amending the claim. The court cited previous cases where a lack of explanation for delay was sufficient to deny amendment. Therefore, the court affirmed the denial of Banks's motion to amend. View "Banks v. Spence" on Justia Law

Raynard Jackson, a prisoner at the Wisconsin Secure Program Facility (WSPF), was placed in a cell without running water for five days. He alleged that Lieutenant Dane Esser, among other WSPF staff, knew that he did not have water and yet failed to turn the water on. After Jackson showed another staff member that he did not have water, the water was promptly turned on; however, he claimed Lt. Esser and other WSPF staff failed to provide him with medical care for his dehydration. Jackson filed grievances pertaining to these issues. After he exhausted his administrative remedies within the WSPF, he sued Lt. Esser and other WSPF staff under 42 U.S.C. § 1983 for violating his Eighth and Fourteenth Amendment rights.The district court, only considering the processed grievances, and without holding an evidentiary hearing, found that Jackson had not exhausted his administrative remedies as to certain claims and defendants. Additional defendants, Nurse Beth Edge and Captain Dale Flannery, were dismissed at summary judgment, leaving only the claims against Lt. Esser for trial. The jury found for Lt. Esser on both claims.The United States Court of Appeals for the Seventh Circuit agreed with Jackson that the district court should not have disregarded his allegedly unprocessed grievances without holding an evidentiary hearing. However, the court found no error in the district court’s conclusion that Jackson’s processed grievances did not exhaust remedies as to all his claims. The court also found no error in the district court’s grant of summary judgment to Nurse Edge or its evidentiary rulings before trial. The court affirmed in part, reversed in part, and remanded for a hearing on the allegedly unprocessed grievances. View "Jackson v. Esser" on Justia Law

The case involves Angela Flowers, who had a car loan with Kia Motors Finance. One morning, Flowers and her son were followed by a truck, which she suspected was an attempt by Kia to repossess her car due to late payments. Flowers sued Kia, alleging unlawful collection practices. However, she was unable to provide any evidence linking Kia to the truck that followed her and her son.Previously, the district court granted Kia summary judgment. Flowers had attempted to include an earlier repossession in her amended complaint, but the court found that she had unduly delayed this attempt. Furthermore, she could not provide any evidence that would allow a reasonable jury to conclude that Kia was involved in the incident with the truck.In the United States Court of Appeals for the Seventh Circuit, Flowers argued that she did not need the district court's approval to file an amended complaint, as Kia had consented in writing to the amendment. However, the court found that Flowers had unduly delayed her attempt to amend the complaint and had not provided a sound excuse for this delay. Therefore, the court denied her motion to amend the complaint.The court also affirmed the district court's grant of summary judgment to Kia. Flowers had failed to present any evidence linking Kia to the unidentified truck and driver. Her theory of liability was based on speculation and conjecture, which are insufficient to defeat a summary judgment motion. Therefore, the court concluded that there was no genuine dispute of material fact and that Kia was entitled to judgment as a matter of law. View "Flowers v. Kia Motors Finance" on Justia Law

The case involves First Baptist Church of Iowa, Louisiana (FB Church) and Church Mutual Insurance Company, S.I. (CM Insurance). FB Church sued CM Insurance for failing to pay benefits for property damage caused by Hurricane Laura under an insurance policy. The property included three buildings: the main church, a parsonage, and a vacant building. After the hurricane, FB Church reported the loss to CM Insurance, which then hired a third-party administrator to adjust the loss. The administrator estimated the total loss at $630,000 before deductibles. However, FB Church was dissatisfied with how its claim was being handled and hired a public adjuster, who prepared an estimate of over $1 million in damages. FB Church then sued CM Insurance, alleging claims for additional covered losses and for statutory penalties, costs, and attorney’s fees under Louisiana Revised Statutes § 22:1892.The United States District Court for the Western District of Louisiana found in favor of FB Church, awarding it damages, statutory penalties, attorney’s fees, and costs. CM Insurance appealed the decision to the United States Court of Appeals for the Fifth Circuit.The Fifth Circuit affirmed in part and reversed in part. The court agreed with the district court that CM Insurance failed to adjust the claim and that FB Church was entitled to statutory penalties. However, the court found that the district court erred in calculating damages based on prices in January 2023 instead of at the time of loss, and in awarding any damages for slab repair and damages in excess of $4,500 for the sanctuary’s electrical repair. The case was remanded for recalculation of damages. View "First Baptist Church of Iowa, Louisiana v. Church Mutual Insurance, S.I." on Justia Law