Justia Civil Procedure Opinion Summaries

Bruce Henry, who pled guilty to possessing child pornography in 2013, challenged Alabama Code § 15-20A-11(d)(4), which prohibits adult sex offenders convicted of a sex offense involving a child from residing or conducting overnight visits with a minor, including their own child. Henry, who has completed his prison term, married, and fathered a son, argued that the statute violated his First Amendment right of intimate association and the Fourteenth Amendment’s guarantees of equal protection and due process.The United States District Court for the Middle District of Alabama denied Henry’s motion for a preliminary injunction but later partially granted his motion for summary judgment, finding the statute facially unconstitutional. The district court concluded that the statute was not narrowly tailored to further Alabama’s compelling interest in protecting children and issued an injunction against its enforcement.The United States Court of Appeals for the Eleventh Circuit reviewed the case and agreed that the statute violated Henry’s fundamental right to live with his child. The court held that the statute was overinclusive, underinclusive, and not narrowly tailored to achieve its goal. However, the court also concluded that the district court abused its discretion in facially enjoining the statute, as Henry had not shown that it was unconstitutional in all its applications. The court vacated the district court’s injunction and remanded the case for further proceedings consistent with its opinion. View "Henry v. Sheriff of Tuscaloosa County" on Justia Law

Plaintiff filed a putative class action against the City, alleging violations of the California Public Records Act (CPRA) and the California Constitution. The City maintains a website for public records requests but the Department of Water and Power (DWP) does not provide a specific method for such requests. Plaintiff, after receiving an erroneous water bill, submitted multiple records requests through the DWP website but received no response. She later posted a complaint on social media, which led to a phone call from a customer service representative but no records were provided.The Superior Court of Los Angeles County sustained the City’s demurrer without leave to amend, concluding that the CPRA does not permit class claims and that plaintiff’s individual claim was insufficient because the City provides a method for submitting CPRA requests through its main website. The court also denied the City’s motion for sanctions, finding plaintiff’s arguments were not frivolous.The California Court of Appeal, Second Appellate District, reviewed the case. The court agreed with the trial court that the CPRA does not allow for class claims, as the statutory language and case law limit judicial relief to the individual who made the records request. However, the appellate court found that plaintiff’s individual claim was sufficient, as she alleged that she submitted a request for public records and the City failed to respond within the statutory period. The appellate court reversed the judgment and remanded with directions to enter a new order sustaining the demurrer as to the class claims and overruling the demurrer to plaintiff’s individual CPRA claim. View "Di Lauro v. City of Burbank" on Justia Law

AdvanFort Company, a maritime security firm based in Virginia, deployed a vessel, the Seaman Guard Virginia, for anti-piracy services in the Red Sea. In October 2013, the vessel docked at the Jeddah Shipyard in Saudi Arabia for repairs by Zamil Offshore Services Company. During the repairs, a fire broke out, which AdvanFort attributed to Zamil's personnel. AdvanFort sued Zamil and the Saudi Ports Authority in a Saudi court in 2014, but the court dismissed AdvanFort's claims and awarded partial damages to Zamil on its countersuit. In 2022, Zamil moved the vessel to a storage yard, claiming it was at risk of sinking, and later informed AdvanFort that it would dispose of the vessel if not retrieved.AdvanFort filed a complaint in the Eastern District of Virginia in July 2023, alleging conversion, breach of bailment, negligence, and gross negligence against Zamil and the Ports Authority. Zamil moved to dismiss the complaint on the grounds of forum non conveniens and lack of personal jurisdiction, arguing that Saudi courts were a more appropriate forum. The Ports Authority did not appear, leading to a default entry against it.The United States District Court for the Eastern District of Virginia dismissed AdvanFort's complaint on the basis of forum non conveniens, finding that Saudi courts were available, adequate, and more convenient for the litigation. The court noted that the relevant events and evidence were located in Saudi Arabia and that the Saudi courts had jurisdiction over both defendants.The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal. The appellate court held that the district court did not abuse its discretion in determining that Saudi Arabia was a more convenient forum and that the Saudi courts were both available and adequate for adjudicating AdvanFort's claims. The court also found no error in the district court's denial of limited discovery on forum non conveniens issues. View "AdvanFort Co. v. Zamil Offshore Services Co." on Justia Law

C.L., a twelve-year-old student, was invited by her teacher, Jenna Riep, to an after-school art club meeting, which turned out to be a Gender and Sexualities Alliance (GSA) meeting. During the meeting, a guest speaker, Kimberly Chambers, discussed gender identity and suggested that students uncomfortable with their bodies might be transgender. Chambers also warned students that it might not be safe to tell their parents about the meeting and provided her personal contact information for further communication. C.L. announced herself as transgender at the meeting and later informed her parents, who subsequently disenrolled her from the school. H.J., another student, had similar experiences and also faced emotional distress, leading her parents to disenroll her from the school.The parents of C.L. and H.J. sued the Poudre School District and its Board of Education, alleging a violation of their Fourteenth Amendment parental substantive-due-process rights. The United States District Court for the District of Colorado dismissed the complaint without prejudice. The parents then moved to amend their complaint, focusing solely on a claim against the school district for monetary damages. The district court denied the motion to amend, concluding that the parents had failed to plausibly allege municipal liability.The United States Court of Appeals for the Tenth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the parents did not plausibly allege that the school district's official policy was the moving force behind their alleged injuries. The court found that the parents failed to establish a direct causal link between the district's policies and the constitutional injury they claimed. View "Lee v. Poudre School District R-1" on Justia Law

A former employee, Corbin Williams, worked as an insurance adjuster for Alacrity Solutions Group, LLC, from 2014 until January 2022. Williams typically worked 84-hour weeks but was not paid overtime, violating the Labor Code. In March 2023, over a year after his employment ended, Williams notified the California Labor & Workforce Development Agency of his intent to pursue a PAGA action for these violations. He then filed a lawsuit seeking civil penalties on behalf of other current and former employees but not on his own behalf.The Superior Court of Los Angeles County sustained a demurrer to Williams's complaint without leave to amend, finding the action time-barred. The court noted that Williams had not suffered any Labor Code violations within the one-year statute of limitations period before notifying the Agency, as his employment ended in January 2022. Consequently, the court did not address the defendant's alternative argument regarding Williams's standing.The California Court of Appeal, Second Appellate District, Division Five, affirmed the lower court's decision. The court held that to be a PAGA plaintiff, an individual must have a timely individual claim for at least one Labor Code violation. Since Williams's individual claims were time-barred, he could not satisfy this requirement. The court rejected Williams's arguments that other aggrieved employees' timely claims could substitute for his own untimely claims and that the continuous accrual doctrine applied. The court also found no abuse of discretion in denying leave to amend, as Williams's proposed amendments would not cure the timeliness defect. View "Williams v. Alacrity Solutions Grp." on Justia Law

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