Case Summaries

Criminal Law & Procedure

[05/14] US v. Peralez
In a prosecution for illegal possession of a firearm, grant of defendant's motion to suppress evidence is reversed and remanded where, even though the evidence was the fruit of an improperly extended traffic stop, the dog sniff which resulted in the seizure of evidence was not a result of that improper extension.

[05/14] Walker v. Sheahan
In a prisoner's action claiming excessive force, deprivation of access to medical care, and retaliation for exercising his constitutional rights, summary judgment for defendants is affirmed in part where: 1) plaintiff failed to show the widespread practice of the use of excessive force; and 2) the court properly denied additional discovery requests by defendant. However, the case is reversed and remanded in part where: 1) the two year statute of limitations did not apply to some of the claims since the period is tolled while a prisoner completes the administrative grievance process; 2) there was sufficient evidence to support a claim of excessive force and inadequate access to medical care; 3) plaintiff's state law claims were not barred by the one year statute of limitations since defendants failed to raise it as a defense; and 4) summary judgment on a retaliation claims was improperly granted since plaintiff had no notice that the adequacy of his evidence was being challenged.

[05/14] Purtell v. Mason
In a civil rights action against a police officer claiming violations of free speech rights and lack of probable cause to make an arrest, summary judgment for defendant is affirmed where: 1) for purposes of a Fourteenth Amendment claim, officer had probable cause to arrest plaintiff since his actions qualified as disorderly conduct under Illinois law; 2) tombstone inscriptions in a Halloween display were insulting, but they could not be considered "fighting words" under that doctrine; 3) although the display was protected speech, the officer's mistake about the scope of plaintiffs' constitutional right to ridicule their neighbors was one a reasonable officer might make; and 4) thus, officer was entitled to qualified immunity on the First Amendment claim.

[05/14] Lockett v. Suardini
In a prisoner's action claiming a violation of his free speech rights when he was forcibly removed from a parole hearing after insulting the hearing officer, as well as cruel and unusual punishment based on guards' use of excessive force and nursing staff's refusal to treat his injuries, summary judgment against plaintiff is affirmed where: 1) a prisoner is not engaged in protected conduct when he violates a legitimate prison regulation; 2) the prison guards used minimal force and plaintiff suffered minimal injuries when he was removed from the hearing room; and 3) plaintiff did not have an objectively serious medical need due to his minor injuries, and there was no deliberate indifference from the nursing staff since they checked up on the plaintiff twice after the incident.

[05/13] U.S. v. Hildenbrand
Defendants' guilty plea convictions for defrauding the Department of Housing and Urban Development (HUD) are affirmed over claims of error regarding the sufficiency of the factual resumes submitted in support of defendants' guilty pleas.

[05/13] U.S. v. Pasillas-Castanon
A conviction for knowingly possessing a counterfeit green card is affirmed where: 1) the Speedy Trial Act generally does not apply to detentions based on civil deportation charges; and 2) the "ruse exception" to the Speedy Trial Act did not apply in case at hand.

[05/13] U.S. v. Zamora-Solorzano
A sentence for conspiracy to possess with intent to distribute methamphetamine is affirmed over a claim that the district court erred under Rita v. United States, 127 S. Ct. 2456 (2007), in giving the Guidelines sentence "considerable weight."

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Injury & Tort Law

[05/14] Lockett v. Suardini
In a prisoner's action claiming a violation of his free speech rights when he was forcibly removed from a parole hearing after insulting the hearing officer, as well as cruel and unusual punishment based on guards' use of excessive force and nursing staff's refusal to treat his injuries, summary judgment against plaintiff is affirmed where: 1) a prisoner is not engaged in protected conduct when he violates a legitimate prison regulation; 2) the prison guards used minimal force and plaintiff suffered minimal injuries when he was removed from the hearing room; and 3) plaintiff did not have an objectively serious medical need due to his minor injuries, and there was no deliberate indifference from the nursing staff since they checked up on the plaintiff twice after the incident.

[05/13] Union County, Iowa v. Piper Jaffray & Co., Inc.
In a diversity action wherein the district court certified an interlocutory appeal concerning a discovery order, the appeal is dismissed for lack of jurisdiction where the district court abused its discretion in certifying the interlocutory appeal when the statutory requirements were not satisfied.

[05/13] Lash v. Hollis
In a civil rights action arising from injuries sustained during an arrest wherein jury awarded damages as well as attorney's fees, denial of a motion for a new damages-phase trial is affirmed, but the attorney's fees award is vacated and remanded, where: 1) the district court did not err in finding that plaintiff's evidence was insufficient to show that defendant's action in subduing him with a Taser induced or contributed to his rhabdomyolysis; 2) Missouri's sudden onset doctrine was inapplicable to underlying case, which involved multiple possible causes, rather than one alleged event preceding the harm; but 3) the record was unclear as to whether the district court considered the relationship between plaintiffs' successful and unsuccessful claims or overall degree of success obtained in determining the fee award.

[05/13] Roemmich v. Eagle Eye Dev., LLC
In an action brought by shareholder-plaintiff alleging various violations of his rights as a minority shareholder, partial summary judgment for defendants is affirmed where: 1) plaintiff's claim for breach of fiduciary duty to a minority shareholder was time barred by North Dakota's statute of limitations; 2) the continuing wrong doctrine did not toll the limitations period; 3) there was no error in findings of fact concerning freeze-out of a minority shareholder, breach of fiduciary duty, and unfair deprivation of reasonable expectations; and 4) in applying North Dakota state law, the district court did not abuse its discretion in awarding attorney's fees and expenses to defendant.

[05/13] Beazer E., Inc. v. Mead Corp.
In an on-going contribution claim against defendant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), wherein the district court denied defendant's motion to dismiss for failure to state a claim and certified the question of whether certain caselaw precedent limited subject-matter jurisdiction over plaintiff's contribution claims under section 113(f)(1), the circuit court finds that: 1) the "civil action" requirement in section 113(f) is an element of the claim, and is not jurisdictional; 2) the district court retained its original jurisdiction to adjudicate the issues in this case; and 3) defendant waived its challenge to the applicability of section 113(f)(1).

[05/13] Price v. Connolly-Pac. Co.
In an action brought by a "commuter seaman" claiming entitlement to "maintenance and cure" from his employer under maritime laws after he allegedly contracted West Nile encephalitis while working on a ship, judgment for employer is affirmed over claims that: 1) under the Shipowner's Liability Convention of 1936, a seaman only needs to prove that an illness incurred, aggravated or manifested itself during the period of employment instead of while in the service of a vessel; and 2) even if a commuter seaman is not on call or engaged in an activity generally considered in the service of a vessel, maintenance and cure is required if an illness is contracted while the seaman is participating in an on-shore activity which benefits the employer.

[05/12] Evans v. Evans
In an action brought by a deputy sheriff against his former wife and former mother-in-law alleging, inter alia, harassment, defamation, and breach of privacy, a preliminary injunction enjoining defendants from publishing certain statements about plaintiff on the internet and also from contacting plaintiff's employer other than calling 911 to report criminal conduct is reversed and remanded where the preliminary injunction was overbroad, vague, and an unconstitutional prior restraint before trial.

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Commercial Law

[05/13] N. Pacifica LLC v. City of Pacifica
In an action brought by a developer against the city of Pacifica involving a proposed condominium project, dismissal of developer's substantive due process claim is affirmed, but an order holding city liable for an equal protection violation is reversed and the resultant damages awards vacated where: 1) the developer was not entitled to judgment on an equal protection claim, as the city did not intentionally treat it differently from any other developer; and 2) a due process claim should not be resurrected because developer did not allege any irrational delay in the city's approval of its permits.

[05/13] United Stars Indus., Inc. v. Plastech Engineered Prods., Inc.
In an action over monies owed, judgment in favor of plaintiff and sanctions imposed against defendant's attorneys are affirmed where: 1) the compromise that was reached after the initial dispute over pricing and monies owed included defendant's overcharge claims; 2) the contract allowed plaintiff to pass on an increase in costs due to the use of additional materials other than nickel through a surcharge; 3) defendant was liable to pay for the entire cost of the materials bought even though some of it was lost during the production process; and 4) the district judge did not abuse her discretion by sanctioning defendant's lawyers for making unsupported allegations during litigation.

[05/08] Royal Ins. Co. of Am. v. Orient Overseas Container Line Ltd.
In an action brought by Ford and its cargo insurer against defendant-ocean carrier for damages arising from the loss of cargo during a transatlantic voyage, partial summary judgment for defendant and third-party defendants is reversed where the district court erroneously interpreted the bill of lading to apply Carriage of Goods by Sea Act (COGSA) instead of the Hague-Visby Rules, and additional briefing and fact-finding may be required before the liability limitation may be appropriately applied. (Amended opinion)

[05/07] Family Home & Fin. Ctr, Inc. v. Fed. Home Loan Mortgage Corp.
In mortgage broker's action raising claims against Freddie Mac for intentional interference with contract, unfair competition under California state law, and defamation, summary judgment and a related ruling for Freddie Mac are affirmed where: 1) the intentional interference claim failed as there was no admissible evidence that Freddie Mac influenced or caused another party to terminate its mortgage broker contract with plaintiff, intentionally or otherwise; 2) Freddie Mac's placement of plaintiff on its "Exclusionary List" did not constitute unfair competition; 3) for purposes of the defamation claim, plaintiff failed to show malice to defeat the Common Interest Privilege; and 4) there was no abuse of discretion in denying a request to defer ruling on summary judgment.

[05/07] B & H Med., L.L.C. v. ABP Admin., Inc.
In an antitrust case involving the legality of an agreement which established an exclusive network of preferred providers to supply types of medical equipment to enrollees in certain health-benefits plans offered to Chrysler, Ford, and state employees and retirees, a judgment and sanctions against plaintiff whose application to the network was rejected are affirmed, and appellate sanctions imposed, where: 1) plaintiff's antitrust claims lacked any conceivable merit; 2) a challenge to a discovery order failed; and 3) sanctions imposed below were not an abuse of discretion, and further, appellate sanctions were warranted.

[05/06] Pludeman v. N. Leasing Sys., Inc.
The court of appeals rules that plaintiffs sufficiently pleaded a cause of action for fraud against individually-named corporate defendants pursuant to CPLR 3016(b) where it was not unequivocal, as a matter of law, that a finder of fact could not reasonably infer the requisite knowledge or participation by the individual defendants in an act of fraud.

[04/30] Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC
In a case primarily addressing whether a realtor who represented the lessee in a complex commercial lease transaction had a duty to inform the lessor, after the lease was signed but before the lessee took possession, that the lessee's ability to perform the conditions of the lease was jeopardized by its deteriorating financial condition, the judgment below is affirmed primarily as the trial court did not err: 1) in determining that the lessor failed to plead facts sufficient to establish any duty on the realtor's part; nor 2) in refusing to award attorney fees to the lessor based upon its defeat of the realtor's claims for unpaid commissions pursuant to Civil Code section 1717.

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Property Law & Real Estate

[05/14] Oravec v. Sunny Isles Luxury Ventures, L.C.
In an action brought by plaintiff-architect under the Copyright Act alleging that defendants infringed his copyrighted architectural designs via the design, development, and construction of certain Trump buildings, summary judgment for defendants, as well as a denial of a motion for leave to file a third amended complaint, are affirmed where a thorough review of the record indicated that the district court properly made its rulings under the specific facts of the case and did not abuse its discretion in denying the motion for leave to amend.

[05/13] Garcia v. Brockway
An aggrieved person must bring a private civil action under the Fair Housing Act (FHA) for a failure to properly design and construct within two years of the completion of the construction phase, which concludes on the date that the last certificate of occupancy is issued. (Panel opinion adopted by the en banc court with amendments)

[05/13] N. Pacifica LLC v. City of Pacifica
In an action brought by a developer against the city of Pacifica involving a proposed condominium project, dismissal of developer's substantive due process claim is affirmed, but an order holding city liable for an equal protection violation is reversed and the resultant damages awards vacated where: 1) the developer was not entitled to judgment on an equal protection claim, as the city did not intentionally treat it differently from any other developer; and 2) a due process claim should not be resurrected because developer did not allege any irrational delay in the city's approval of its permits.

[05/13] Beazer E., Inc. v. Mead Corp.
In an on-going contribution claim against defendant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), wherein the district court denied defendant's motion to dismiss for failure to state a claim and certified the question of whether certain caselaw precedent limited subject-matter jurisdiction over plaintiff's contribution claims under section 113(f)(1), the circuit court finds that: 1) the "civil action" requirement in section 113(f) is an element of the claim, and is not jurisdictional; 2) the district court retained its original jurisdiction to adjudicate the issues in this case; and 3) defendant waived its challenge to the applicability of section 113(f)(1).

[05/12] S. Utah Wilderness Alliance v. Kempthorne
In appeals involving appellants' post-judgment motions to intervene in a case affecting their interests in oil and gas leases, the circuit court dismisses one appeal where the district court had yet to rule on their motion to intervene at the time movants filed their appeal. Denial of the other motion to intervene is affirmed on grounds that movants chose to intervene only after the government agency from which they obtained the leases decided not to pursue an appeal, and must await a final decision by the administrative agency in order to have an appealable final decision.

[05/12] In re Marriage of Holtemann
In a dispute about the legal effect of a spousal property transmutation agreement executed during marriage, judgment finding the underlying agreement effectuated a transmutation of husband's separate property into community property is affirmed where: 1) the unambiguous language in the parties' agreement evinced that the husband intended to, and did transmute his separate property; 2) nothing in the record suggested that the husband was misinformed or misled in light of the requisite express, unequivocal declarations of transmutations; and 3) his arguments for disparate treatment of his express declarations of transmutation based on his lack of separate counsel were unavailing, as he was fully advised of the consequences of failing to secure separate counsel, yet chose to proceed.

[05/12] Ocwen Orlando Holdings Corp. v. Harvard Prop. Trust, LLC
In a breach of contract action involving a forum selection clause which prevented the transfer of any action filed in any court to any other court, a judgment honoring the effects of underlying clause is affirmed where: 1) the plain meaning of the clause governed, as its unequivocal language was insusceptible of more than one interpretation; and 2) based upon the plain meaning of the word "transfer", the forum selection clause waived defendant's right to remove along with its right to transfer for the convenience of the parties and witnesses.

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