Justia Civil Procedure Opinion Summaries

The case involves Lizbeth Balderas, a former employee of Fresh Start Harvesting, Inc., who filed a complaint for civil penalties under the California Labor Code Private Attorneys General Act of 2004 (PAGA) on behalf of herself and 500 other current and former employees. Balderas alleged that Fresh Start violated labor laws by not providing required meal and rest breaks, providing inaccurate wage statements, making untimely wage payments, and failing to pay wages at termination. Balderas did not file an individual claim but proceeded solely under PAGA, representing all aggrieved employees.The trial court struck Balderas's complaint, ruling that she lacked standing to bring a representative PAGA action on behalf of other employees because she did not allege an individual claim in the action. The court relied on language from a United States Supreme Court decision that had incorrectly recited California law on PAGA standing.The Court of Appeal of the State of California Second Appellate District Division Six reviewed the case. The court concluded that Balderas, as an alleged aggrieved employee who was subject to alleged Labor Code violations by Fresh Start, may bring a representative PAGA action on behalf of herself and other Fresh Start employees, even though she did not file an individual cause of action seeking individual relief for herself in this action. The court held that the trial court erred by relying on the United States Supreme Court decision, which was incorrect on PAGA standing requirements. The court reversed the order striking the pleading. View "Balderas v. Fresh Start Harvesting, Inc." on Justia Law

In 2015, Joseph Semprini filed a lawsuit against his employer, Wedbush Securities, Inc., alleging 11 personal causes of action and seven class claims for alleged wage and hour violations. Semprini and Wedbush agreed that Semprini’s personal claims would be arbitrated, while the remaining claims would proceed in court. The class was certified in 2017, and the parties litigated Semprini’s class and Private Attorneys General Act (PAGA) claims in court over the next several years. In 2022, the U.S. Supreme Court ruled in Viking River Cruises, Inc. v. Moriana that an employer may enforce an employee’s agreement to arbitrate individual PAGA claims. Following this decision, Wedbush asked its workforce to sign arbitration agreements, and 24 class members, including the second named plaintiff, Bradley Swain, agreed to do so.The Superior Court of Orange County denied Wedbush’s motion to compel arbitration of the named plaintiffs’ individual PAGA claims and the claims of the 24 class members who signed arbitration agreements. The court found that Wedbush had waived its right to compel arbitration by entering into the 2015 stipulation.The Court of Appeal of the State of California Fourth Appellate District Division Three affirmed the lower court's decision. The court held that even if the Viking River decision or the 2022 arbitration agreements gave Wedbush a new right to move to compel certain claims to arbitration, Wedbush waited too long to make its motion, particularly in light of the looming trial date. The court found that Wedbush had waived its right to compel arbitration by waiting nine months after the Viking River decision and five to six months after select class members signed the new arbitration agreements to file its motion to compel arbitration. View "Semprini v. Wedbush Securities Inc." on Justia Law

The case revolves around a property dispute between two neighboring parties, Bo and Dan Jones (appellants), and Hamed Ghadiri (respondent). A block wall, erected before either party owned their respective properties, did not follow the property line, resulting in Ghadiri being denied use of a portion of his property. When Ghadiri sought to remove the wall and build a new one on the property line, the Joneses filed a complaint in the district court for a prescriptive easement or adverse possession.The district court granted summary judgment in favor of Ghadiri. It found that the Joneses could not claim adverse possession as they had not paid property taxes on the disputed property. It also ruled that a prescriptive easement was unavailable as it would result in Ghadiri's complete exclusion from the subject property. The Joneses appealed this decision.The Supreme Court of the State of Nevada affirmed the district court's decision. The court clarified the distinction between adverse possession and prescriptive easements, noting that the former results in the acquisition of title and the right to exclusively control the subject property, while the latter results in the right to a limited use of the subject property. The court acknowledged that comprehensive prescriptive easements, which result in the owner of the servient estate being completely excluded from the subject property, may be warranted in exceptional circumstances. However, it found that the Joneses had not demonstrated such exceptional circumstances. Therefore, the court upheld the district court's grant of summary judgment in favor of Ghadiri. View "Jones v. Ghadiri" on Justia Law

The case revolves around attorney fees in a dispute involving the Board of Land and Natural Resources (BLNR), State of Hawaii, and the Sierra Club. In 2022, the BLNR approved permits allowing Alexander & Baldwin, Inc. and East Maui Irrigation Company, LLC to divert water from East Maui streams. The Sierra Club appealed this decision, arguing that the BLNR unlawfully denied its request for a contested case hearing. The environmental court modified the permits and capped the amount of water that could be diverted. The BLNR then petitioned the Supreme Court of the State of Hawaii, alleging that the environmental court's decision resulted in a water shortage that hindered firefighting efforts during a wildfire.The environmental court had previously sided with the Sierra Club, ruling that the BLNR should have held a contested case hearing. The court also invoked Hawaii Revised Statutes (HRS) § 604A-2(b) and HRS § 91-14(g) to modify the permits, and cited public trust doctrine principles to support the cap on water diversion. The court decided not to void the permits entirely to avoid potential chaos and threats to the reliable availability of necessary water.The Supreme Court of the State of Hawaii held that a state-initiated original proceeding is not protected by sovereign immunity, and thus, the state may be liable for reasonable attorney fees spent opposing a frivolous petition for extraordinary relief. The court concluded that the Sierra Club is entitled to attorney fees, as the BLNR's petition was found to be frivolous and made in bad faith. The court rejected the BLNR's invocation of sovereign immunity, stating that the state waives its sovereign immunity when it initiates an original action. View "Board of Land and Natural Resources v. Crabtree" on Justia Law

Saide Lugo, a former employee of Pixior, LLC, filed a lawsuit against the company and some of its employees for malicious prosecution. Lugo alleged that Pixior falsely reported her to the police, leading to a criminal prosecution against her, which she ultimately defeated. The parties disagreed on the circumstances leading to the police report. Pixior claimed that Lugo, a disgruntled employee, deleted valuable computer files upon her resignation. Lugo, on the other hand, argued that Pixior fabricated charges against her to tarnish her reputation as she was about to assist Pixior's adversary in an impending dispute. Both parties agreed that Pixior reported Lugo to the police, leading to her arrest and subsequent charges, which were eventually dismissed after it was discovered that a Pixior employee had lied under oath.The Superior Court of Los Angeles County initially reviewed the case. Pixior filed a special motion to strike in response to Lugo's lawsuit, which the trial court denied. The court found that Pixior's motion satisfied the first step of anti-SLAPP analysis, determining that Lugo's lawsuit concerned protected activity. However, the court ruled against Pixior on the second step, which required Lugo to demonstrate a probability of success.The case was then reviewed by the Court of Appeal of the State of California, Second Appellate District. The appellate court disagreed with the lower court's decision on the second step of the anti-SLAPP analysis. The court found that Lugo failed to defeat Pixior's defense that the police conducted an independent investigation before the district attorney filed charges. The court ruled that this independent investigation was a superseding cause that insulated Pixior from liability. Therefore, the court reversed the lower court's decision, ruling in favor of Pixior and awarding costs to the appellants. View "Lugo v. Pixior, LLC, et al." on Justia Law

Matthew Meinecke, a devout Christian, was arrested twice by Seattle police for refusing to move from public locations where he was reading Bible passages. The first incident occurred at an abortion rally and the second at an LGBTQ pride event. In both instances, Meinecke was asked to move after attendees began to physically assault him. Instead of dealing with the perpetrators, the police arrested Meinecke for obstruction. Meinecke sued the City of Seattle and certain Seattle police officers, seeking to prevent them from enforcing "time, place, and manner" restrictions and applying the City’s obstruction ordinance to eliminate protected speech in traditional public fora whenever they believe individuals opposing the speech will act hostile toward it.The United States District Court for the Western District of Washington denied Meinecke's motion for preliminary injunctive relief, reasoning that the officers' actions were content neutral and did not aim to silence Meinecke. The court also expressed concern about the vague request for injunctive relief.On appeal, the United States Court of Appeals for the Ninth Circuit reversed the district court's decision. The appellate court held that Meinecke has standing to pursue prospective injunctive relief, given that the City has twice enforced its obstruction ordinance against him, he has stated that he will continue his evangelizing efforts at future public events, and the City has communicated that it may file charges against him for doing so. The court found that Meinecke established a likelihood of success on the merits of his First Amendment claim. The restrictions on his speech were content-based heckler’s vetoes, where officers curbed his speech once the audience’s hostile reaction manifested. Applying strict scrutiny, the court held that there were several less speech-restrictive alternatives to achieve public safety, such as requiring protesters to take a step back, calling for more officers, or arresting the individuals who ultimately assaulted Meinecke. The court also held that Meineke established irreparable harm because a loss of First Amendment freedoms constitutes an irreparable injury, and the balance of equities and public interest favors Meinecke. The case was remanded with instructions to enter a preliminary injunction consistent with this opinion in favor of Meinecke. View "Meinecke v. City of Seattle" on Justia Law

The case involves 21 U.S. citizens and the family of a deceased U.S. citizen who were victims of rocket attacks by the Hizbollah terrorist organization in Israel in 2006. The plaintiffs allege that the Lebanese Canadian Bank (LCB) provided financial services to Hizbollah, including facilitating millions of dollars in wire transfers through a New York-based correspondent bank. In 2011, LCB and Société Générale de Banque au Liban SAL (SGBL), a private company incorporated in Lebanon, executed a purchase agreement where SGBL acquired all of LCB's assets and liabilities. In 2019, the plaintiffs brought similar claims against SGBL, as LCB's successor, in the Eastern District of New York for damages stemming from the 2006 attacks.The federal district court dismissed the action for lack of personal jurisdiction over SGBL. The court interpreted several Appellate Division and federal decisions to allow imputation of jurisdictional status only in the event of a merger, not an acquisition of all assets and liabilities. On appeal, the Second Circuit certified two questions to the New York Court of Appeals, asking whether an entity that acquires all of another entity's liabilities and assets, but does not merge with that entity, inherits the acquired entity's status for purposes of specific personal jurisdiction, and under what circumstances the acquiring entity would be subject to specific personal jurisdiction in New York.The New York Court of Appeals answered the first question affirmatively, stating that where an entity acquires all of another entity's liabilities and assets, but does not merge with that entity, it inherits the acquired entity's status for purposes of specific personal jurisdiction. The court declined to answer the second question as unnecessary. The court reasoned that allowing a successor to acquire all assets and liabilities, but escape jurisdiction in a forum where its predecessor would have been answerable for those liabilities, would allow those assets to be shielded from direct claims for those liabilities in that forum. View "Lelchook v Société Générale de Banque au Liban SAL" on Justia Law

In Arkansas, attorney Chris Corbitt and other plaintiffs sought to challenge the prohibition of firearms in courthouses. Corbitt had previously attempted to bring a firearm into the Pulaski County District Courthouse and the Juvenile Justice Complex, but was denied. He filed a complaint, which was dismissed by the circuit court and later affirmed by the Supreme Court of Arkansas. Despite this, Corbitt and other plaintiffs filed another complaint after encountering firearm restrictions in a different courthouse. This complaint was also dismissed.The circuit court ruled that Corbitt was not entitled to injunctive relief, declaratory judgment, or a writ of mandamus. The court also found that even if issue preclusion were not applicable, it would rule similarly to Judge Wright’s decision regarding the interpretation of Arkansas Code Annotated section 5-73-122. The court rejected the plaintiff’s argument, stating that it was based on a flawed premise that misread the plain meaning of the statute and ignored the importance of Amendment 80 to the Arkansas Constitution. The circuit court emphasized that Amendment 80 gives the Arkansas Supreme Court the power to regulate court procedure, including the discretion to determine when weapons should be allowed in courtrooms.The Supreme Court of Arkansas held that Corbitt was collaterally estopped from pursuing his claims due to the previous litigation, but the remaining plaintiffs could proceed. The court further held that attorneys, as officers of the court, are authorized by statute to possess handguns in courthouses. The court reversed the circuit court’s denial of the petition for a declaratory judgment as it pertains to the remaining plaintiffs and remanded for further proceedings consistent with this opinion. View "CORBITT v. PULASKI COUNTY CIRCUIT COURT" on Justia Law

This case revolves around the death of Susan Teel, who was shot by Deputy Jonathan Lozada during a suicide attempt at her home. Dr. Dudley Teel, Susan's husband and the personal representative of her estate, sued Deputy Lozada and the Sheriff of Indian River County, alleging excessive force under the Fourth Amendment and a claim under Monell v. Department of Social Services of the City of New York.The district court initially granted summary judgment in favor of Deputy Lozada and the Sheriff, but the decision was partially reversed and vacated in an earlier appeal. On remand, the district court granted summary judgment on the Monell claim, and the excessive force claim proceeded to trial. The jury found that Deputy Lozada did not use excessive force in violation of the Fourth Amendment.In the United States Court of Appeals for the Eleventh Circuit, the Estate appealed the grant of summary judgment on the Monell claim, two of the district court’s jury instructions, and one of the district court’s evidentiary rulings. The Court of Appeals affirmed the district court's decisions on all issues. The Court held that the district court had wide discretion to modify the jury instructions to make them understandable for the jury. The Court also found that the district court did not abuse its discretion in excluding evidence of Deputy Lozada's prior misconduct. Finally, the Court affirmed the district court's grant of summary judgment in favor of the Sheriff on the Monell claim, as there was no underlying constitutional violation. View "Teel v. Lozada" on Justia Law

The case involves Dr. Euna McGruder, who was terminated from her position as the Executive Officer of Priority Schools for the Nashville public school system, operated by Metro Nashville, after she investigated allegations of racial discrimination at a Nashville middle school. McGruder sued Metro Nashville in 2017, alleging that her termination constituted illegal retaliation in violation of Title VII. In 2021, a jury awarded McGruder $260,000 for her claim, and the district court ordered Metro Nashville to reinstate her to her previous position.After the trial, Metro Nashville discovered that McGruder had failed to disclose the existence of her Title VII claim to the bankruptcy court when she filed for Chapter 7 bankruptcy in 2018. Metro Nashville argued that McGruder's claims should be barred by judicial estoppel due to her failure to disclose her cause of action against Metro Nashville in her bankruptcy filing. The district court concluded that it could not exercise jurisdiction over Metro Nashville’s judicial estoppel claim, given that Metro Nashville’s earlier notice of appeal had divested the court of jurisdiction over the case.The United States Court of Appeals for the Sixth Circuit affirmed the district court's reinstatement order and dismissed Metro Nashville's appeal for lack of jurisdiction. The court held that judicial estoppel does not bar McGruder's reinstatement. The court also found that the district court did not abuse its discretion in ordering McGruder's reinstatement. The court did not have jurisdiction to apply judicial estoppel to the non-final and therefore non-appealable jury award, forthcoming back pay trial, or award of attorneys’ fees. View "McGruder v. Metro. Gov't of Nashville" on Justia Law