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U.S. 1st Circuit Court of Appeals

Massachusetts Mut. Life Ins. Co. v. Fraidowitz (04/04/06 - No. 05-1578)

Summary judgment for defendant insurer is affirmed in a suit claiming supplemental disability coverage where the insured failed to meet a condition precedent for obtaining additional disability coverage since he was disabled at the time of his application for the additional coverage.

http://laws.lp.findlaw.com/1st/051578.html

Adorno v. Crowley Towing and Transp. Co. (04/04/06 - No. 05-1839)

Denial of plaintiffs' motions to amend and for further discovery is affirmed in a suit alleging the violation of a collective bargaining agreement where the additional plaintiffs included in the amended complaint were time-barred, and where plaintiffs did not show how additional discovery would influence the outcome of a motion for summary judgment.

http://laws.lp.findlaw.com/1st/051839.html

Borinquen Biscuit Corp. v. M.V. Trading Corp (04/04/06 - No. 05-2591)

Preliminary injunction preventing the sale or advertising of cookies that potentially violated plaintiff's trademark is affirmed where plaintiff did not have to produce evidence of secondary meaning, and the district court did not err in determining that plaintiff would probably succeed in establishing a likelihood of consumer confusion.

http://laws.lp.findlaw.com/1st/052591.html

Teragram Corp. v. Marketwatch.com, Inc. (04/05/06 - No. 05-1635, 05-1636)

Partial grant of summary judgment for both plaintiff and defendant in a software licensing dispute is affirmed where: 1) the defendant's failure to deliver any payment was a material breach as to a single product; 2) plaintiff had timely notice of a material defect that triggered an obligation to cure; and 3) plaintiff was entitled to only one year's licensing fees.

http://laws.lp.findlaw.com/1st/051635.html

Nieves-Vega v. Ortiz-Quinones (04/05/06 - No. 05-2043)

Summary judgment for defendants, employees of the Puerto Rico Planning Board, in a 42 U.S.C. 1983 case alleging political discrimination is affirmed where plaintiff's claim was time-barred, and plaintiff's extrajudicial claim seeking only equitable relief did not toll the statute of limitations.

http://laws.lp.findlaw.com/1st/052043.html

Cruz-Gomez v. Rivera-Hernanez (04/07/06 - No. 05-1864)

Defendant's interlocutory appeal in a political discrimination case under 42 U.S.C. 1983 is dismissed for lack of appellate jurisdiction where orders of the district court denying pretrial motions for summary judgment typically are not appealable at the time they are entered, and where the trial court found an issue of material fact concerning qualified immunity.

http://laws.lp.findlaw.com/1st/051864.html

U.S. 2nd Circuit Court of Appeals

Denney v. Jenkens & Gilchrist (04/03/06 - No. 05-1275)

Judgment certifying a class action is affirmed over claims that: 1) the class contains members who have not yet been assessed tax penalties and thus lack standing; 2) the representatives do not adequately represent the interests of all class members; 3) the district court erroneously conditioned certification on the reaching of a settlement; and 4) the district court violated due process and Rule 23(e) in failing to provide a second opt-out period when the settlement terms were finalized. Order approving a settlement with a law firm defendant is vacated.

http://caselaw.lp.findlaw.com/data2/circs/2nd/051275p.pdf

Grace v. Bank Leumi Trust Co. (04/04/06 - No. 04-5824)

Order vacating default judgment as void is affirmed because corporation taking default failed to appear through counsel, damages were awarded without hearing, no inquest was held, recissory damages are not available, the amount was excessive, and there was evidence of collusion on default. Dismissal of fraudulent conveyance actions are affirmed because without an uncollected judgment as a predicate, there could be no such causes of action.

http://caselaw.lp.findlaw.com/data2/circs/2nd/045824p.pdf

U.S. 3rd Circuit Court of Appeals

Sec. & Exch. Comm'n v. J.W. Barclay & Co., Inc. (04/05/06 - No. 04-3536)

The Securities Exchange Act of 1934 provides for a control person’s joint and several liability to the SEC for a debt in the amount of an unpaid SEC penalty when that control person induced and was a culpable participant in the controlled person’s failure to pay the penalty.

http://caselaw.lp.findlaw.com/data2/circs/3rd/043536p.pdf

U.S. 5th Circuit Court of Appeals

Wallace v. Louisiana Citizens Prop. Ins. Corp. (04/03/06 - No. 06-00009)

The mandatory abstention provisions of 28 U.S.C. section 1369(b) are not an independent bar to the exercise of jurisdiction over a case removed pursuant to the Multiparty, Multiforum Trial Jurisdiction Act (MMTJA).

http://caselaw.lp.findlaw.com/data2/circs/5th/069cv0p.pdf

US v. Holy Land Found. for Relief & Dev. (04/04/06 - No. 04-11282)

A restraining order indefinitely freezing specific bank accounts is vacated in a case involving attempts by estates of individuals killed during a terrorist attack to collect a default judgment from accounts of an organization previously charged with material support of a terrorist organization, tax evasion, and money laundering.

http://caselaw.lp.findlaw.com/data2/circs/5th/0411282cv0p.pdf

Braun v. Transp. Serv. Co. of Illinois (04/07/06 - No. 06-30088)

Amending a complaint to add a defendant "commences" a new suit under the Class Action Fairness Act (CAFA), Pub. L. 109-2, 119 Stat. 4.

http://caselaw.lp.findlaw.com/data2/circs/5th/0630088cv0p.pdf

U.S. 6th Circuit Court of Appeals

Nair v. Oakland County Cmty. Mental Health Auth. (04/04/06 - No. 05-1177)

Under circumstances where defendants raise sovereign immunity as an "alternative" ground for rejection of claims and under any circumstances in which a state (or the U.S.) declines to raise sovereign immunity as a threshold defense, federal courts have discretion to address the sovereign immunity defense and the merits in whichever order they prefer.

http://caselaw.lp.findlaw.com/data2/circs/6th/051177p.pdf

U.S. 7th Circuit Court of Appeals

Mlynczak v. Bodman (04/04/06 - No. 04-3238)

Summary judgment for defendant in a race and gender discrimination and retaliation case involving the Department of Energy is affirmed where the plaintiffs did not present evidence that would convince a trier of fact that they had suffered discrimination or an adverse reaction to a protected activity.

http://caselaw.lp.findlaw.com/data2/circs/7th/043238p.pdf

Tomic v. Catholic Diocese of Peoria (04/04/06 - No. 04-4219)

Dismissal of an age discrimination case because of the rule against federal jurisdiction over internal affairs of religious associations is affirmed where plaintiff's position involved a significant religious dimension and where the Diocese's statement that it was an equal opportunity employer did not affect the jurisdictional analysis.

http://caselaw.lp.findlaw.com/data2/circs/7th/044219p.pdf

Employers Ins. Co. of Wausau v. Century Indem. Co. (04/04/06 - No. 05-3437)

Order sending plaintiff's request for separate arbitrations to a single arbitration for determination is affirmed where the question of whether an arbitration agreement forbids consolidated arbitration is a procedural question that the arbitrator should resolve.

http://caselaw.lp.findlaw.com/data2/circs/7th/053437p.pdf

TIG Ins. Co. v. Giffin Winning Cohen & Bodewes, P.C. (04/07/06 - No. 05-2203)

Summary judgment for defendant in a malpractice suit against a law firm is affirmed where it was clear as a matter of law that the injury suffered by plaintiffs was not reasonably foreseeable.

http://caselaw.lp.findlaw.com/data2/circs/7th/052203p.pdf

U.S. 8th Circuit Court of Appeals

T.L. v. US (04/06/06 - No. 04-4155)

The Federal Tort Claims Act's statute of limitations is a jurisdictional prerequisite rather than an affirmative defense, and considerations of equitable tolling make up part of a court's determination of whether an action falls within the scope of the waiver of sovereign immunity granted by Congress.

http://caselaw.lp.findlaw.com/data2/circs/8th/044155p.pdf

U.S. 9th Circuit Court of Appeals

Tatum v. City & County of San Francisco (04/03/06 - No. 04-15055)

Summary judgment for defendants on claims brought under 42 U.S.C. section 1983 involving allegations of false arrest and excessive force resulting in plaintiff's son's death is affirmed where the police conduct at issue did not deprive decedent of a constitutional right, and the district court did not abuse its discretion by denying a request for additional discovery.

http://caselaw.lp.findlaw.com/data2/circs/9th/0415055p.pdf

U.S. 10th Circuit Court of Appeals

Harrell v. US (04/07/06 - No. 05-3179)

Dismissal for lack of subject matter jurisdiction of a suit against the United States under the Suits in Admiralty Act is affirmed where the discretionary function exception to the waiver of sovereign immunity implied in the Suits in Admiralty Act insulated the government from liability in a case arising from injuries sustained in an allision with a buoy.

http://laws.lp.findlaw.com/10th/053179.html

U.S. District of Columbia Circuit Court of Appeals

Chamber of Commerce of the US v. Sec. & Exch. Comm'n (04/07/06 - No. 05-1240)

Petition for review of a decision by the Securities and Exchange Commission not to modify certain conditions involving the governance practices for mutual funds is granted where the Commission failed to comply with the Administrative Procedure Act by relying on materials not in the rulemaking record without affording an opportunity for public comment, to the prejudice of petitioner.

http://caselaw.lp.findlaw.com/data2/circs/dc/051240a.pdf

In re: James (04/07/06 - No. 05-5132)

An appeal brought pursuant to Rule 23(f) of the Federal Rules of Civil Procedure from denial of class certification in an employment discrimination case against a federal agency is dismissed where the district court denied class certification because it believed petitioners failed to comply with requirements imposed by Title VII, and not Rule 23.

http://caselaw.lp.findlaw.com/data2/circs/dc/055132a.pdf

U.S. Court of Appeals for the Federal Circuit

Breckenridge Pharm., Inc. v. Metabolite Labs., Inc. (04/07/06 - No. 05-1221, 05-1428)

Dismissal of claims of tortious interference, unfair competition, and declaratory judgment of non-infringement against defendant-patent holder, and grant of summary judgment in favor of defendant-exclusive licensee for a vitamin product are reversed where the district court erroneously concluded that it lacked personal jurisdiction over the patent holder, and there were genuine disputes of material fact with respect to the state law claims.

http://caselaw.lp.findlaw.com/data2/circs/fed/051221p.pdf

New York Court of Appeals

Williams v. Nassau County Med. Ctr. (04/04/06 - No. 35)

Denial of motion for late service of a notice of claim against a public corporation, defendant medical center, is affirmed in an action where 10 years after plaintiff's birth, his counsel sent a notice of claim alleging that plaintiff suffered brain damage resulting from the hospital's malpractice during his delivery.

http://caselaw.lp.findlaw.com/data/ny/cases/app/35opn06.pdf

City of New York v. Grand Lafayette Props. LLC (04/04/06 - No. 30)

Grant of petition permitting the City to take title to parcel of land for use in a public improvement water system project is affirmed over claims that: 1) defendant timely challenged the taking; and 2) the affirmative defenses in this Eminent Domain Procedure Law vesting proceeding were the proper vehicles to raise its excessive taking claim.

http://caselaw.lp.findlaw.com/data/ny/cases/app/30opn06.pdf

Supreme Court of Texas

City of Houston v. Jackson (04/07/06 - No. 04-0465)

A penalty provision under section 143.134(h) of the Texas Local Government Code, applicable to aggrieved fire fighters in certain circumstances, does not apply to a grievance examiner's unappealed recommendation under section 143.130 of the Code.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/040465.pdf

California Appellate Districts

In re S.C. (04/07/06 - No. C046784)

Orders of juvenile court in a case of abuse of a minor are affirmed where the child's mother: 1) failed to make certain objections in court or demonstrate prejudice; 2) did not present meaningful legal analysis upon appeal; 3) did not demonstrate reversible error; 4) forfeited a claim of error; 5) did not show abuse of discretion; and 6) did not offer support for remaining arguments.

http://caselaw.lp.findlaw.com/data2/californiastatecases/C046784.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/C046784.pdf

Bearden v. U.S. Borax, Inc. (04/07/06 - No. B182625)

Dismissal of miners' suit for a statutory second meal break is reversed and remanded where: 1) an Industrial Welfare Commission order conflicts with the statute and is invalid; 2) the issue of arbitration requires litigation upon remand; and 3) the IWC and plaintiffs' union are not indispensable parties to the litigation.

http://caselaw.lp.findlaw.com/data2/californiastatecases/B182625.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/B182625.pdf

In re J.N. (04/07/06 - No. F048751)

Denial of telephone visitation with son is reversed and remanded where the trial court did not abuse its discretion in denying visitation, but did err in failing to ask the mother about her Indian heritage.

http://caselaw.lp.findlaw.com/data2/californiastatecases/F048751.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/F048751.pdf

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