Case Summaries

Legal Malpractice

[07/23] Gil v. Reed
In an inmate's negligence, malpractice, and civil rights suit against prison medical staff, summary judgment for defendants is reversed where the record contained sufficient evidence to show genuine issues of material fact on: 1) inmate's Eighth Amendment claim that prison staff were deliberately indifferent to his medical needs; and 2) whether defendants had met the standard of care, using the state-law standard as required by the Federal Tort Claims Act.

[07/21] Simmons v. Ghaderi
In a breach of contract action arising from a medical malpractice suit, wherein plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation, a ruling upholding a decision to admit evidence relating to the mediation proceedings is reversed where: 1) the court of appeal improperly relied on the doctrine of estoppel to create a judicial exception to the comprehensive statutory scheme of mediation confidentiality; and 2) the evidence relating to the mediation proceedings should not have been admitted at trial.

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Remedies

[07/23] Northwest Envtl. Advocates v. US Envtl. Prot. Agency
In an action challenging a regulation originally promulgated by the EPA in 1973 exempting certain marine discharges from the permitting scheme of sections 301(a) and 402 of the Clean Water Act (CWA), a decision vacating the regulation is affirmed where: 1) the district court had subject matter jurisdiction over the suit; 2) the EPA acted ultra vires in promulgating the regulation and its denial of plaintiffs' 1999 petition requesting a repeal of the regulation was not in accordance with law; and 3) the remedial order was a proper exercise of the district court's discretion.

[07/22] In Re: Repine
Judgment against attorney for attempting to collect fees from debtor in violation of a stay imposed by a bankruptcy court is affirmed in part and vacated in part where: 1) attorney willfully violated the stay in attempting to collect her fees; 2) attorney's refusal to consent to an agreed order to allow debtor to be released from civil incarceration caused debtor actual harm; 3) damages awarded to debtor for lost wages were appropriate; 4) debtor failed to set forth specific information regarding emotional damages; and 5) awarding attorney's fees to debtor was proper.

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Contracts

[07/23] Cox v. Ocean View Hotel Corp.
In an employment discrimination case involving an employment agreement containing a mandatory arbitration clause, denial of defendant-employer's motion to compel arbitration and partial summary judgment for plaintiff is reversed where: 1) for purposes of a breach-of-agreement theory, plaintiff did not properly initiate arbitration under the terms of his employment agreement via a letter he sent; and 2) the district court improperly granted summary judgment in plaintiff's favor on the issue of waiver.

[07/23] Magallanes v. Ill. Bell Tel. Co.
Dismissal of an employment-discrimination suit because the parties had settled is reversed where defendant-employer did not meet its burden to prove that plaintiff's attorney had in fact been authorized to enter into a settlement agreement.

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Oil & Gas

[07/18] WA Gas Light Co. v. Fed. Energy Regulatory Comm'n
Petition for review of an FERC decision to approve a project to expand the liquefied natural gas (LNG) capacity of an LNG terminal is granted where: 1) substantial evidence supported a determination that the threat of increased leakage was due to defects in the compression couplings in petitioner's system; and 2) substantial evidence did not support a conclusion that petitioner could address safety concerns before the project's in-service date.

[07/02] Chicago Bridge & Iron Co. v. Fed. Trade Comm'n
In a republished opinion, a petition for review of an order of the FTC requiring petitioner to divest assets acquired from a Pennsylvania company since they would likely result in a substantial lessening of competition or tend to create a monopoly is denied where: 1) the FTC correctly applied the legal standards of burdens of proof and persuasion; 2) the FTC properly analyzed the "potential entry" defense and had substantial evidence to conclude that "potential entry" evidence was insufficient to rebut the prima facie case; 3) substantial evidence supported its factual findings; and 4) there was no abuse of discretion in the issuance of its remedy provisions. (Substituted opinion)

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Civil Procedure

[07/23] Magallanes v. Ill. Bell Tel. Co.
Dismissal of an employment-discrimination suit because the parties had settled is reversed where defendant-employer did not meet its burden to prove that plaintiff's attorney had in fact been authorized to enter into a settlement agreement.

[07/23] Huang v. Mukasey
Petitions for review of BIA's denials of several petitions to reopen removal proceedings are dismissed in part and denied in part where no reviewable questions of law were presented regarding: 1) whether petitioners would face persecution in China for violating its one-child policy; 2) denial of a petition based on petitioner's propensity to lie in prior removal proceedings; or 3) dismissal as untimely of a petition to reopen based on the ineffective assistance of counsel at prior proceedings.

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International Trade

[07/16] Volkswagen of Am. v. US
In a suit by Volkswagen seeking an allowance in the appraised value of automobiles entered and liquidated by the U.S. Customs Service and later determined to be partially defective by plaintiff, summary judgment for failure to state a claim is affirmed where neither 19 U.S.C. section 1514 nor Customs' regulations create a cause of action for some defective goods.

[07/15] Big Sky Network Canada, Ltd. v. Sichuan Provincial Gov't
In a suit arising out of the dissolution of a telecommunications joint venture by mandate of the Chinese government and Chinese partner's failure to return an investment, dismissal of the case for lack of subject matter jurisdiction is affirmed where: 1) the district court did not abuse its discretion in granting defendants' request for an extension of time under section 1441(d) of the Foreign Sovereign Immunities Act (FSIA); and 2) mere financial loss resulting from the failure to receive monies abroad does not constitute a direct effect within the meaning of the commercial activity exception to the FSIA.

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Evidence

[07/23] US v. Clark
Convictions for possession and conspiracy to distribute cocaine are affirmed where: 1) evidence of prior drug relationships was properly admitted; 2) evidence of the details of a physical attack in which defendants were not involved was not prejudicial; 3) a photo intended to be used to impeach a witness was properly excluded; 4) a prior statement of a witness was properly excluded as irrelevant; and 5) the prosecutor's characterization of a defendant's anticipated closing argument as a "standard" argument made by drug defendants was improper, but did not prejudice defendant.

[07/22] Fratta v. Quarterman
Grant of a habeas corpus petition in a capital murder case is affirmed, and request for a certificate of appealability on other issues is denied, where: 1) the admission at trial of the custodial confessions of codefendants violated the Confrontation Clause; 2) the fact that out-of-court statements of a coconspirator are admissible under state evidentiary law is not sufficient to meet the requirements of the Confrontation Clause; 3) the admission of the out-of-court statements of a coconspirator at defendant's trial violated the Confrontation Clause; and 4) the error was not harmless.

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Dispute Resolution & Arbitration

[07/23] Cox v. Ocean View Hotel Corp.
In an employment discrimination case involving an employment agreement containing a mandatory arbitration clause, denial of defendant-employer's motion to compel arbitration and partial summary judgment for plaintiff is reversed where: 1) for purposes of a breach-of-agreement theory, plaintiff did not properly initiate arbitration under the terms of his employment agreement via a letter he sent; and 2) the district court improperly granted summary judgment in plaintiff's favor on the issue of waiver.

[07/21] Simmons v. Ghaderi
In a breach of contract action arising from a medical malpractice suit, wherein plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation, a ruling upholding a decision to admit evidence relating to the mediation proceedings is reversed where: 1) the court of appeal improperly relied on the doctrine of estoppel to create a judicial exception to the comprehensive statutory scheme of mediation confidentiality; and 2) the evidence relating to the mediation proceedings should not have been admitted at trial.

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Professional Malpractice

[07/23] Gil v. Reed
In an inmate's negligence, malpractice, and civil rights suit against prison medical staff, summary judgment for defendants is reversed where the record contained sufficient evidence to show genuine issues of material fact on: 1) inmate's Eighth Amendment claim that prison staff were deliberately indifferent to his medical needs; and 2) whether defendants had met the standard of care, using the state-law standard as required by the Federal Tort Claims Act.

[07/21] Simmons v. Ghaderi
In a breach of contract action arising from a medical malpractice suit, wherein plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation, a ruling upholding a decision to admit evidence relating to the mediation proceedings is reversed where: 1) the court of appeal improperly relied on the doctrine of estoppel to create a judicial exception to the comprehensive statutory scheme of mediation confidentiality; and 2) the evidence relating to the mediation proceedings should not have been admitted at trial.

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Commercial Law

[07/22] California Dep't of Water Res. v. Powerex Corp.
In a case arising out of the 2000-2001 California energy crisis, an order remanding the case to state court is reversed and remanded where: 1) review of a district court's decision to decline an exercise of supplemental jurisdiction is not barred by 28 U.S.C. section 1447(d); 2) in light of certain Supreme Court precedent, there is jurisdiction under 28 U.S.C. section 1291 to review the remand order; and 3) defendant, a Canadian corporation that markets and distributes electric power, is an organ of British Columbia, and thus falls within the definition of "foreign state" under the Foreign Sovereign Immunities Act and is entitled to a federal bench trial.

[07/21] Bandana Trading Co., Inc. v. Quality Infusion Care, Inc.
In an action for breach of contract, judgment for plaintiff is affirmed over claims of error that: 1) the trial court erred when it refused to remove a juror for misconduct after the juror applauded by clapping her hands during defendant's rebuttal argument; 2) defendant was entitled to a new trial because the same juror committed misconduct during deliberations when she injected technical knowledge into the deliberations, intimidating other jurors and rushing them into a verdict.

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Admiralty

[07/23] Northwest Envtl. Advocates v. US Envtl. Prot. Agency
In an action challenging a regulation originally promulgated by the EPA in 1973 exempting certain marine discharges from the permitting scheme of sections 301(a) and 402 of the Clean Water Act (CWA), a decision vacating the regulation is affirmed where: 1) the district court had subject matter jurisdiction over the suit; 2) the EPA acted ultra vires in promulgating the regulation and its denial of plaintiffs' 1999 petition requesting a repeal of the regulation was not in accordance with law; and 3) the remedial order was a proper exercise of the district court's discretion.

[07/16] Turbomeca, S.A. v. Era Helicopters LLC
In a suit for economic loss arising out of the loss of a helicopter due to engine trouble, dismissal of tort claims alleging post-sale failure to warn of a pre-sale product defect is affirmed where: 1) the circuit court refuses to recognize an exception to the East River doctrine for post-sale negligent failure to warn claims; and 2) purchaser is restricted to a warranty or contract cause of action under maritime law.

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Administrative Law

[07/23] Singh v. Mukasey
The REAL ID Act of 2005 gives aliens whose removal order became final before the REAL ID Act a reasonable opportunity to obtain judicial review. Aliens whose petitions were rendered untimely by the Act had a grace period of no more than 30 days from the effective date of the Act in which to seek such review.

[07/23] Northwest Envtl. Advocates v. US Envtl. Prot. Agency
In an action challenging a regulation originally promulgated by the EPA in 1973 exempting certain marine discharges from the permitting scheme of sections 301(a) and 402 of the Clean Water Act (CWA), a decision vacating the regulation is affirmed where: 1) the district court had subject matter jurisdiction over the suit; 2) the EPA acted ultra vires in promulgating the regulation and its denial of plaintiffs' 1999 petition requesting a repeal of the regulation was not in accordance with law; and 3) the remedial order was a proper exercise of the district court's discretion.

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Injury & Tort Law

[07/23] Montano v. Chicago
In a suit seeking recovery for injuries suffered by plaintiffs in confrontations with police, dismissals of plaintiffs' claims are affirmed in part and reversed in part where: 1) the district court clearly erred in dismissing plaintiffs' claims with prejudice as a sanction for abuse of the judicial process; 2) judgments as a matter of law for police officers on certain claims was error as there was an evidentiary basis for a reasonable jury to find for plaintiffs; 3) summary judgment for defendants on claims that they lacked probable cause to arrest plaintiffs for public drinking and disorderly conduct, and that they failed to intervene to prevent the use of excessive force by other officers, was proper; and 4) summary judgment for city on a liability claim under Monell was proper where plaintiffs failed to produce evidence to show deliberate indifference by the police board to constitutional violations by its officers.

[07/23] Gil v. Reed
In an inmate's negligence, malpractice, and civil rights suit against prison medical staff, summary judgment for defendants is reversed where the record contained sufficient evidence to show genuine issues of material fact on: 1) inmate's Eighth Amendment claim that prison staff were deliberately indifferent to his medical needs; and 2) whether defendants had met the standard of care, using the state-law standard as required by the Federal Tort Claims Act.

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