Justia Civil Procedure Opinion Summaries

Patrick Harmon was stopped by Salt Lake City police officer Kris Smith for a traffic violation while riding a bicycle. Harmon provided a false name, but Officer Smith identified him and discovered an active felony warrant. When Officer Smith attempted to arrest Harmon, he fled. Officers Clinton Fox and Scott Robinson joined the chase. The officers reported seeing Harmon reach towards his waist or pocket and heard him mention cutting or stabbing. Officer Fox claimed he saw Harmon holding a knife and shot him three times from five to seven feet away. Officer Smith, who was about fifteen feet away, fired his taser. Harmon died from the gunshots, and a knife was found near his right arm.Harmon's estate and his children sued Officer Fox and Salt Lake City for excessive force. The United States District Court for the District of Utah dismissed the case, but the Tenth Circuit Court of Appeals reversed and remanded. On remand, the district court granted summary judgment to Officer Fox and Salt Lake City, concluding that any factfinder would determine Harmon was holding a knife and that the shooting was reasonable.The United States Court of Appeals for the Tenth Circuit reviewed the case de novo. The court found that a genuine dispute of material fact existed regarding whether Harmon brandished a knife or threatened the officers. The court noted that the video evidence did not clearly show a knife, and Officer Smith testified he did not see a knife. The court concluded that a factfinder could reasonably find that Harmon did not pose an imminent threat, making the use of deadly force unreasonable. The court held that Officer Fox was not entitled to qualified immunity and reversed the summary judgment, remanding the case for further proceedings. View "Harmon v. Salt Lake City" on Justia Law

Monsalvo Velázquez, a Mexican national, entered the U.S. unlawfully and has lived in Colorado for about 20 years. The federal government initiated removal proceedings against him in 2011. He requested either suspension of removal due to potential persecution in Mexico or permission to leave voluntarily. An immigration judge found him removable but granted him 60 days to depart voluntarily. The Board of Immigration Appeals (BIA) upheld the removal order and granted a new 60-day voluntary departure period, which ended on a Saturday. Monsalvo filed a motion to reopen on the following Monday, but the BIA rejected it as untimely, stating the deadline expired on Saturday.The Tenth Circuit Court of Appeals agreed with the BIA, holding that the 60-day voluntary departure period in 8 U.S.C. §1229c(b)(2) refers to calendar days, with no extension for weekends or holidays. Monsalvo then petitioned for review by the Supreme Court.The Supreme Court of the United States reviewed the case and held that it has jurisdiction to review Monsalvo’s petition under §1252, which allows for judicial review of final orders of removal and all questions of law arising from them. The Court determined that the term “60 days” in §1229c(b)(2) should be interpreted to extend deadlines falling on weekends or legal holidays to the next business day, aligning with longstanding administrative practices and other similar statutory deadlines.The Supreme Court reversed the Tenth Circuit’s decision and remanded the case for further proceedings consistent with this interpretation. View "Velazquez v. Bondi" on Justia Law

Fair Friend Enterprise Co., Ltd., a Taiwan-based company and majority shareholder of CNC Systems, Inc., sought access to CNC's corporate books and records under Maine law. Fair Friend alleged that CNC had failed to pay for goods worth approximately $4 million and had unilaterally demoted its CEO without approval. Fair Friend made a written demand for access to CNC's records, which CNC ignored, leading Fair Friend to file a complaint in the Maine Superior Court.The Maine Superior Court ordered CNC to produce the requested records and denied CNC's motion to stay the proceedings due to related litigation in California. The court found that Fair Friend had a proper purpose for requesting the records and that CNC's actions warranted concern. CNC continued to delay compliance, prompting further court orders to enforce the production of records and awarding attorney fees to Fair Friend.The Maine Supreme Judicial Court reviewed the case. CNC's appeal of the denial of the motion to stay was dismissed as moot because CNC eventually produced the requested records. The court affirmed the award of attorney fees, concluding that CNC had not acted in good faith and had no reasonable basis for doubting Fair Friend's right to inspect the records. The court found that CNC's resistance to producing the documents and filing of serial motions to delay justified the award of attorney fees. The case was remanded for dismissal of all pending motions and entry of final judgment. View "Fair Friend Enterprise Co., Ltd. v. CNC Systems, Inc." on Justia Law

Plaintiff Zackary Diamond was injured by a punch from a third party during an altercation in the restricted pit area at Bakersfield Speedway. He alleged that the defendants, Scott Schweitzer, Schweitzer Motorsports Productions, and Christian Schweitzer, were negligent in providing security, responding to the altercation, and undertaking rescue efforts. Defendants moved for summary judgment, arguing that Diamond's claims were barred by a release and waiver of liability form he signed to enter the pit area. The trial court granted the motion, finding the release clear, unequivocal, and broad in scope, covering the negligent conduct alleged.The Superior Court of Kern County granted summary judgment in favor of the defendants, concluding that the release included risks related to racing activities and that the assault was such a risk. The court interpreted the release as covering the type of event that occurred, thus barring Diamond's negligence claims.On appeal, Diamond contended that the release was unenforceable because the injury-producing act was not reasonably related to the purpose of the release, which he described as observing the race from the pit area. The Court of Appeal of the State of California, Fifth Appellate District, concluded that the release met the requirements for enforceability: it was clear, unambiguous, and explicit in expressing the intent to release all liability for Diamond's injury; the alleged acts of negligence were reasonably related to the purpose of the release; and the release did not contravene public policy. The court also found that the defendants adequately raised a complete defense based on the signed release and that Diamond failed to rebut this defense. Consequently, the court affirmed the summary judgment in favor of the defendants. View "Diamond v. Schweitzer" on Justia Law

In 2018, a $200 million mixed-use development project at Louisiana State University experienced issues with its fire-protection sprinkler systems, which began to crack and leak. Allied World National Assurance Company, which paid over $10 million for system replacements, sued Nisus Corporation in 2021, alleging that Nisus falsely represented its product's compatibility with the pipe material, leading to the damage.The United States District Court for the Middle District of Louisiana granted summary judgment in favor of Nisus, concluding that Allied's claims were time-barred under Louisiana law. The court found that while Provident, the insured party, did not have actual or constructive knowledge of the cause of the damage, RISE Residential, Provident's agent, had constructive knowledge of the cause by November 2019. This knowledge was imputed to Provident, starting the prescription period.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo and affirmed the district court's decision. The court held that RISE Residential's constructive knowledge of the sprinkler system issues, which was imputed to Provident, triggered the running of the prescription period well before July 23, 2020. The court also found that Nisus did not prevent Allied from timely availing itself of its causes of action, as a reasonable inquiry by RISE Residential would have uncovered the necessary information. Therefore, Allied's claims were prescribed, and the summary judgment in favor of Nisus was affirmed. View "Allied World National v. Nisus" on Justia Law

8fig, Incorporated, a technology company, entered into agreements with several e-commerce merchants (Defendant-Appellants) to purchase projected revenue in exchange for an up-front payment. 8fig alleged that the Defendant-Appellants failed to remit the agreed payments and instead transferred the funds to a religious movement, World Olivet Assembly, closed their bank accounts, and went out of business. 8fig filed a lawsuit under 18 U.S.C. §§ 1964, 1962, and various state and common law claims. The parties filed a Joint Agreed Motion to Administratively Close and Seal Proceedings, which the district court granted, and the case settled quickly.Newsweek Digital, LLC moved to intervene and unseal the judicial record, arguing that the seal hindered its reporting. The district court granted Newsweek’s motion to intervene and unseal, allowing any party to propose redactions. Certain defendants filed proposed redactions, which the district court granted, and denied a motion to extend filing deadlines. The district court proceeding has been unsealed for over a year, except for documents with redacted versions.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that Newsweek had standing to intervene, as alleged violations of the public right to access judicial records and gather news are cognizable injuries-in-fact. The court found that the district court did not abuse its discretion in unsealing the records, emphasizing the public’s common law right of access to judicial records and the presumption in favor of transparency. The court affirmed the district court’s order granting Newsweek’s motion to intervene and unseal the proceeding. View "8Fig v. Stepup Funny" on Justia Law

Lawrence Marino obtained an 18-month civil harassment restraining order against Mark Alon Rayant in a proceeding where Rayant was not present. Rayant later appeared, arguing he had not received notice of Marino’s restraining order request and that the request was without merit. The trial court terminated the restraining order. Rayant then moved to seal the entire record of the restraining order proceedings, citing concerns that the proceedings had negatively impacted his background checks for job applications and subjected him to increased scrutiny by airport authorities when returning from international travel. The trial court denied the sealing request because Rayant had not made the necessary showing for sealing under the California Rules of Court.Rayant appealed the trial court's decision. He contended that there is no federal constitutional right of public access to records of restraining order proceedings, and therefore the court rules for sealing records, which are based on federal constitutional requirements, are inapplicable. The trial court found that the sealing rules provide an independent, statutory right of public access to court records, creating a broad presumption of public access with only limited exceptions, none of which applied in this case.The Court of Appeal of the State of California, Second Appellate District, Division One, reviewed the case. The court held that the sealing rules under California Rules of Court apply to the records Rayant sought to seal. The court found that Rayant did not meet the high bar for sealing imposed by those rules, as he did not demonstrate an overriding interest that overcomes the right of public access, nor did he show a substantial probability that his interest would be prejudiced if the record was not sealed. The court affirmed the trial court's order denying the motion to seal. View "Marino v. Rayant" on Justia Law

Matthew Cargo, a federal prisoner, attempted to file a notice of appeal after being sentenced on July 20, 2020. He had until August 3, 2020, to file the notice, with a possible extension to September 2, 2020. Cargo, while temporarily held in an Oklahoma jail, prepared the notice on July 22, 2020, and handed it to a correctional officer. However, he incorrectly addressed the envelope, leading to its return by the U.S. Postal Service as undeliverable. Cargo did not learn of the error until November 2024, after which he promptly resent the notice.The United States District Court for the Northern District of Illinois received the notice in November 2024, four years after the deadline. The government moved to dismiss the appeal as untimely, and Cargo argued that he had complied with the prison-mailbox rule, which deems a notice of appeal filed when handed to prison officials for mailing.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that Cargo's addressing error precluded him from benefiting from the prison-mailbox rule. The rule requires that the notice be properly addressed to ensure it reaches the district court. Since Cargo's notice was returned as undeliverable, it did not meet the requirements of the rule. Consequently, the court dismissed Cargo's appeal as untimely, emphasizing that proper addressing is crucial for the prison-mailbox rule to apply. The court also noted that Cargo could have avoided this outcome by instructing his counsel to file the notice of appeal. View "USA v Cargo" on Justia Law

Mario Mancini, an inmate at FCI Sandstone, sued the United States under the Federal Tort Claims Act (FTCA) for medical malpractice. Mancini alleged that the government caused him permanent injury by negligently delaying necessary medical care. He experienced neck and back pain from a prior workplace injury, which worsened in 2017. Despite reporting increasing pain and numbness, his MRI and subsequent surgery were delayed. Mancini claimed these delays resulted in permanent nerve damage, loss of strength, muscle atrophy, numbness, and pain.The United States District Court for the District of Minnesota dismissed Mancini's FTCA claim. The court found that Mancini's expert affidavit, provided by Dr. Gary Wyard, failed to meet the requirements of Minn. Stat. § 145.682. The affidavit did not adequately define the standard of care, explain how the government deviated from that standard, or establish a causal connection between the delays and Mancini's injuries. The court also excluded Dr. Wyard's testimony under Rule 702 and Daubert, citing factual errors and a lack of methodology in his affidavit.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court affirmed the district court's decision, agreeing that Dr. Wyard's affidavit did not satisfy the statutory requirements of Minn. Stat. § 145.682. The affidavit lacked specific details about the standard of care and failed to outline a chain of causation between the government's actions and Mancini's injuries. The court also upheld the exclusion of Dr. Wyard's testimony under Rule 702 and Daubert. The court concluded that the district court did not abuse its discretion in dismissing the case with prejudice, as Mancini did not correct the deficiencies in the affidavit within the provided safe-harbor period. View "Mancini v. United States" on Justia Law

Samuel Shanks and Taylor Lambert, former employees of the International Union of Bricklayers & Allied Craftworkers, filed pro se lawsuits against the Union alleging discrimination. Shanks, who worked in accounting for over twenty years, claimed discrimination based on disability, race, color, and sexual orientation, as well as a hostile work environment and retaliation. Lambert, his niece, alleged wrongful termination, retaliation, and discrimination based on race, religion, and gender. Both claimed violations of various civil rights laws, including the D.C. Human Rights Act, the Americans with Disabilities Act, and Title VII of the Civil Rights Act of 1964.The Union removed the cases to the United States District Court for the District of Columbia, which dismissed the complaints for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Shanks and Lambert appealed the dismissals. The United States Court of Appeals for the District of Columbia Circuit affirmed the dismissals in part but appointed amicus curiae to present arguments in favor of claims that were not suited for summary dismissal.The D.C. Circuit reviewed the district court’s dismissal de novo and concluded that the allegations of racial discrimination related to the Union’s COVID-19 vaccination policy were plausible. The court found that the Union’s two-stage roll-out of the policy disproportionately affected Black employees, who were given less time and fewer resources to comply with the vaccination mandate. The court held that the disparate impact and discriminatory treatment claims based on race were sufficiently pled to survive a motion to dismiss. The court affirmed the dismissal of other claims, including those based on sexual orientation, gender, and religion, as well as Shanks’ hostile work environment claim. The case was remanded to the district court for further proceedings on the racial discrimination claims. View "Shanks v. International Union of Bricklayers and Allied Craftworkers" on Justia Law