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U.S. 2nd Circuit Court of Appeals

Root v. Liston (04/06/06 - No. 05-2004)

Dismissal of a civil rights action on ground of absolute immunity is affirmed where defendant State's Attorney's actions were judicial in nature and Connecticut law arguably confers on prosecutors a limited power to unilaterally raise plaintiff's judicially set bond from $1,000 to $250,000.

http://caselaw.lp.findlaw.com/data2/circs/2nd/052004p.pdf

U.S. 3rd Circuit Court of Appeals

Bright v. Westmoreland County (04/04/06 - No. 05-2005)

A state cannot "create danger" giving rise to substantive due process liability by failing to more expeditiously seek someone's detention, by expressing an intention to seek such detention without doing so, or by taking note of a probation violation without taking steps to promptly secure the revocation of the probationer's probation.

http://caselaw.lp.findlaw.com/data2/circs/3rd/052005p.pdf

U.S. 5th Circuit Court of Appeals

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

U.S. 6th Circuit Court of Appeals

Minges Creek, L.L.C. v. Royal Ins. Co. of Am. (04/06/06 - No. 05-1313)

Summary judgment for plaintiff, the owner of a shopping center, in a suit against an insurer for indemnification of an underlying slip-and-fall lawsuit is reversed where: 1) the policy at issue covered premises inside a store, and not the common areas where the accident occurred; and 2) defendant had no duty to defend against the injured's claims.

http://caselaw.lp.findlaw.com/data2/circs/6th/051313p.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

Kyler v. Everson (04/04/06 - No. 05-5185)

Dismissal of a complaint filed against the Commissioner of Internal Revenue for slander of title and related claims following the IRS's filing of federal tax liens against plaintiff's property is affirmed and sanctions imposed on plaintiff since the appeal was legally frivolous.

http://laws.lp.findlaw.com/10th/055185.html

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. 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

Supreme Court of California

Avila v. Citrus Cmty. Coll. Dist. (04/06/06 - No. S119575)

The statutory immunity conferred on public entities for an injury occurring during a "hazardous recreational activity" pursuant to Government Code section 831.7 does not apply to injuries sustained during supervised school sports. In interscholastic and intercollegiate competition, the host school and its agents owe a duty to home and visiting players alike to, at a minimum, not increase the risks inherent in the sport.

http://caselaw.lp.findlaw.com/data2/californiastatecases/s119575.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s119575.pdf

New York Court of Appeals

Robinson v. East Med. Ctr. (04/04/06 - No. 44)

Dismissal of complaint, alleging violations of New York Labor Law sections 240(1), 200(1) and 241(6) after sustaining injury when using a ladder too short for a task at a construction site, is affirmed where plaintiff's own negligent actions were the sole proximate cause of his injuries.

http://caselaw.lp.findlaw.com/data/ny/cases/app/44opn06.pdf

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

Supreme Court of Texas

Minnesota Life Ins. Co. v. Vasquez (04/07/06 - No. 04-0477)

An award of extra-contractual damages on top of payments made by a mortgage insurer after a bad-faith suit was filed against it is reversed where there was no evidence that the insurer knew its actions were false, deceptive, or unfair.

http://caselaw.lp.findlaw.com/data2/texasstatecases/sc/040477.pdf

California Appellate Districts

Rostai v. Neste Enterprises (04/05/06 - No. E037544)

The doctrine of primary assumption of the risk is a complete defense to an action for damages based on the alleged negligence of a personal fitness trainer in failing to investigate the cardiac risk factors of a client as a result of which the client allegedly suffered a heart attack during his first training workout.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/e037544.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/e037544.pdf

Souza v. Squaw Valley (04/05/06 - No. C049329)

Summary judgment to defendant ski resort in a case involving a child skier colliding with a snowmaking hydrant is affirmed over a claim that defendant breached the duty to use due care not to increase the risks to a participant over and above those inherent in the sport.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c049329.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c049329.pdf

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