Case Summaries

Asset Forfeiture

[05/09] U.S. v. Day
A conviction for, inter alia, mail and wire fraud is affirmed in part over claims over error regarding: 1) the exclusion of an expert witness's testimony for failing to meet the requirements under Fed. R. Evid. 702 and Daubert; 2) the exclusion of testimony by a witness for failing to comply with Fed. R. Crim. P. 16(b)(1)(C)(ii); 3) an increase in the sentencing level based on a determination that defendant had caused a loss greater than the ones included in the indictment; 4) an obstruction of justice sentence enhancement; 5) a sentence enhancement for abuse of trust; and 6) a sentence enhancement based on the number of victims involved. However, decisions denying the government's requests for forfeiture and a money judgment are reversed as: 1) criminal forfeiture is available for general mail and wire fraud under 18 U.S.C. sections 1341 and 1343, and not only for mail and wire fraud affecting financial institutions; and 2) money judgments are appropriate in the criminal forfeiture context.

[05/06] US v. Brodie
A conviction and sentence for wire fraud and conspiracy to obtain mortgage loans using false statements is affirmed over claims of error regarding: 1) the district court's sustaining an objection to defense counsel's closing argument impugning a witness' veracity from facts not in the record; 2) the prosecution's failure to disclose possible impeachment evidence until seven days after trial; 3) improper application of a four-point "leader or organizer" enhancement to defendant's offense level; 4) claims of ineffective assistance of counsel stemming from a failure to request a downward departure based on defendant's immigration status; 5) insufficient evidence; 6) counsel's failure to move for a judgment acquittal; 7) qualification of one of the witnesses as an expert; 8) violations of the Speedy Trial Act; 9) improper venue; 10) admission of documentary evidence by agreement of the parties without the opportunity for defendant to cross-examine witnesses; 11) a forfeiture order; and 12) other arguments which were abandoned on appeal because they amounted to conclusionary statements.

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Civil Procedure

[05/09] Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage Leasehold and Easement etc.
In an action claiming that plaintiff has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by defendants, dismissal of the action is affirmed where: 1) the condemnation claim was properly dismissed, but on the ground that it failed to state a claim; 2) the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over the state law claim; and 3) state law claims were properly dismissed for lack of subject matter jurisdiction. A natural gas company may not condemn additional property that is not specifically described in its existing certificate of public convenience and necessity (CPCN), even if the natural gas company seeks to acquire such property in order to operate and maintain an existing storage facility.

[05/09] McCann v. Tillman
In a Title VII suit against an employer alleging claims of racial discrimination, retaliation, and hostile work environment, summary judgment for employer is affirmed where: 1) the record demonstrated that employee's claims of favorable disparate treatment of similarly situated white employees were inapposite to establish a prima facie case of discrimination; 2) employee failed to meet the burden of showing that the reasons for her employer's actions were actually a pretext for retaliatory conduct; and 3) despite employee's allegations of exposure to offensive derogatory language at work, the evidence presented was insufficient to support a claim of hostile work environment.

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Commercial Law

[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.

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Constitutional Law

[05/09] Fashion Valley Mall, LLC v. National Labor Relations Board
Mall's petition for review of a National Labor Relations Board order, which held that it was a violation of a party's free speech rights under the California Constitution to require a permit applicant to agree not to urge consumers to boycott any of the mall's tenants as a condition to obtaining a permit to engage in expressive activities at the mall, is denied where petitioner failed to raise its constitutional arguments before the circuit court in prior proceedings, and waited until it petitioned the California Supreme Court for a rehearing.

[05/08] U.S. v. Friday
In a prosecution against a member of a Native American tribe for shooting an eagle without a permit in contravention of the Bald and Golden Eagle Protection Act (BGEPA), dismissal of the indictment based on a Religious Freedom Restoration Act challenge is reversed and remanded for trial where the Eagle Act and its regulations are the least restrictive means of pursuing the government's compelling interest in preserving the bald eagle.

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Consumer Protection

[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] Trans-Spec Truck Serv., Inc. v. Caterpillar Inc.
In a case applying the accrual and statute of limitations provisions of the Massachusetts U.C.C. to breach of warranty claims brought against an engine manufacturer, dismissal of plaintiff's warranty and Massachusetts Gen. Laws chapter 93A claims as time-barred, as well as summary judgment for defendant on plaintiff's negligence claims, are affirmed where: 1) the breach of warranty claim, accruing on the date of delivery of goods, was filed after the expiration of the limitations period, and plaintiff's equitable estoppel arguments were unavailing; and 2) plaintiff made no compelling argument and cited no specific facts which would invalidate the exculpatory language contained in a negligence exclusion clause.

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Contracts

[05/08] Air Line Pilots Ass'n v. Nat'l Labor Relations Bd.
In proceedings arising after the NLRB brought a complaint alleging that, by attempting to enforce certain provisions of a collective bargaining agreement with DHL Airways, petitioner-pilots' association had committed unfair labor practices, the association's petition for review of a finding that its conduct violated the National Labor Relations Act is granted where, under the analysis of Brotherhood of Railroad Trainmen v. Jacksonville Terminal Co., 394 U.S. 369, the NLRB did not have jurisdiction over this Railway Labor Act dispute.

[05/08] In Re: Peanut Crop Ins. Litig.
In an action against the government over the indemnification of losses covered by a privately issued and governmentally backed insurance policy, summary judgment for farmers on breach of contract claims is vacated and the case remanded where: 1) the policy did not create any contractual obligation for insurers to indemnify the farmers for lost peanuts in 2002 at a 31 cent quota rate since it was contingent on 2002 farm poundage quota allocations being made to individual farmers, and such allocations were never made; 2) the prevention doctrine was misapplied since the indemnification of the farmers did not depend on the allocation of quotas by the government; and 3) there was no detrimental reliance since government programs are subject to congressional modification, and the farmers had been notified that there would be revisions to the peanut quota program.

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Corporation & Enterprise Law

[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.

[05/05] US v. Edwards
In a prosecution for wire fraud and related crimes, defendant's conviction is affirmed over claims that: 1) the district court erred in denying his motion for judgment of acquittal made after he rested his defense; 2) he was denied a fair trial and the ability to confront witnesses when the district court permitted several prosecution witnesses to remain in the courtroom and listen to testimony before they took the witness stand; 3) the court erred in denying a motion to suppress certain documents submitted to the SEC during its investigation of a sale and lease-back program; and 4) the court's jury instructions constructively amended the indictment. However, defendant's sentence is vacated and remanded for a new sentencing hearing where, although defendant was convicted of one count of conspiracy to commit money laundering and multiple counts of wire fraud and money laundering, he only received one sentence.

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Dispute Resolution & Arbitration

[05/05] Perry Homes v. Cull
In an action arising after plaintiffs' home suffered serious structural and drainage problems, an arbitration award in favor of plaintiffs is vacated and remanded where: 1) the issue of waiver of arbitration by litigation conduct is an issue to be decided by courts; 2) waiver must be decided on a case-by-case basis, courts should look to the totality of the circumstances, and such waiver requires a showing of prejudice; and 3) plaintiffs waived arbitration and defendants were prejudiced, in this case.

[05/02] Wabtec Corp. v. Faiveley Transp. Malmo AB
In a licensing agreement dispute involving arbitration issues, appeal from a denial of defendant's motion to dismiss plaintiff's application for preliminary injunction and expedited discovery is dismissed for lack of jurisdiction where the district court's order was not an appealable interlocutory under the collateral order doctrine or the Federal Arbitration Act.

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Criminal Law & Procedure

[05/09] US v. Martinez
In a sentencing proceeding wherein the district court applied a four-level enhancement to defendant's base offense level after finding, by a preponderance of the evidence, that defendant had used or possessed a firearm in connection with another felony offense, judgment is affirmed where: 1) the district court applied the correct standard of proof to the facts supporting the enhancement; 2) the sentence imposed was reasonable; and 3) the doctrine of constitutional avoidance did not apply to invalidate the sentence imposed.

[05/09] US v. Regalado
Sentence for conspiring to distribute and possess with intent to distribute cocaine base is remanded where: 1) in light of the holding in Kimbrough, it was unclear whether the district court would have imposed a non-Guidelines sentence had it been aware of the Guidelines' advisory nature, and that it had the discretion to deviate from the Guidelines; and 2) the absence of that information precluded a review for plain error.

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Elder Law

[05/05] Miller v. Am. Airlines, Inc.
In a suit against American Airlines under the Age Discrimination in Employment Act (ADEA), summary judgment for defendants is affirmed where: 1) a collective bargaining agreement did not require that plaintiffs be offered positions of comparable pay past the retirement age; 2) a claim, that a supplement to the collective bargaining agreement governing the retirement of flight engineers was facially discriminatory, was not properly raised before the EEOC.

[03/11] Budnick v. Town of Carefree
In an action raising, inter alia, a claim that defendant-town violated the Fair Housing Amendments Act of 1988 (FHAA) by denying plaintiffs a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in the town, summary judgment against plaintiffs on the FHAA claim is affirmed where plaintiff failed to establish a discrimination claim under any of the theories of disparate treatment, disparate impact, or a failure to make reasonable accommodations. Potential residents of a retirement community do not presently qualify as disabled under the FHAA simply because some of them will become disabled as they age.

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Evidence

[05/09] Sierra Club v. Flowers
In an action challenging a grant of certain "Clean Water Act" ("CWA") mining permits by the Army Corps of Engineers in Florida, summary judgment for plaintiffs is vacated and remanded where the district court: 1) appeared to have predetermined the answer to the ultimate issue based on its own conclusions that mining in the area at issue was a bad thing; 2) analyzed the permitting process with that answer in mind regardless of what the agency concluded and what evidence supported the agency's conclusion; and 3) therefore applied the improper standard of review under the Administrative Procedure Act.

[05/09] Baran v. Beaty
In a case involving a mother who removed her minor son from Australia, denial of father's petition for return of the minor pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act of 1988 is affirmed where: 1) based on evidence of the father's propensity for violence, the district court did not err in concluding that returning the minor to Australia would expose him to a grave risk of psychological harm; and 2) because the court was not presented with any proposed undertakings that could ameliorate the risk of harm to the child under the circumstances presented, the court did not abuse its discretion in denying the petition for return.

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Family Law

[05/06] In re Domestic Partnership of Ellis and Arriaga
Under the California Domestic Partner Rights and Responsibilities Act of 2003 and consistent with the rationale in Koebke v. Bernardo Heights Country Club, 36 Cal.4th 824 (2005), a person's reasonable, good faith belief that his or her domestic partnership was validly registered with the California Secretary of State entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.

[05/01] In re Lesly G.
Denial of a petition for modification, as well as a juvenile court order terminating parental rights under Welf. and Inst. Code section 366.26, are reversed and remanded where the juvenile court failed to hold the required hearing on petitioner's section 388 petition for modification before proceeding to a section 366.26 hearing.

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Habeas Corpus

[05/08] Boston v. Weber
Dismissal of a habeas petition as untimely based on the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) statute of limitations is affirmed where: 1) the period between the date the judgment became final and the filing date of a state habeas application was included in the AEDPA one-year limitation period; and 2) the state did not waive the AEDPA statute of limitations defense.

[05/08] Thompson v. Choinski
Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second or successive motion" which did not satisfy the requirements for such a motion under 28 U.S.C. section 2255; 2) claims protesting conditions of confinement imposed by a state facility became moot when petitioner was transferred back to a federal prison; but 3) the district court erroneously dismissed claims protesting the federally imposed conditions of confinement based on petitioner's failure to exhaust state remedies and for other perceived defects in pleading.

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Injury & Tort Law

[05/09] Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage Leasehold and Easement etc.
In an action claiming that plaintiff has lost and is continuing to lose natural gas stored in its Elk Basin Storage Reservoir due to the operation of gas production wells owned by defendants, dismissal of the action is affirmed where: 1) the condemnation claim was properly dismissed, but on the ground that it failed to state a claim; 2) the district court did not abuse its discretion in declining to exercise supplemental jurisdiction over the state law claim; and 3) state law claims were properly dismissed for lack of subject matter jurisdiction. A natural gas company may not condemn additional property that is not specifically described in its existing certificate of public convenience and necessity (CPCN), even if the natural gas company seeks to acquire such property in order to operate and maintain an existing storage facility.

[05/08] U.S. v. Harper
In an action alleging intentional and negligent misrepresentation by defendant's failure to disclose information in a referral letter, judgment against one defendant is reversed where: 1) the referral letter was not affirmatively misleading since it did not comment nor recommend on the doctor's proficiency; and 2) defendant did not have an affirmative duty to disclose negative facts. As for other defendants, their liability is affirmed, but the case is vacated and remanded in order to determine if there needs to be a re-apportionment of damages between the remaining defendants.

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Probate Trusts

[05/06] Estate of Herold
An order denying petitioner's safe harbor petition, which sought a declaration that his proposed "Petition for Information" would not amount to a will contest, is reversed and remanded where the trial court erred in finding that a no contest clause of the will was incorporated by reference into a trust.

[05/06] Estate of Coll-Monge v. Inner Peace Movement
In an action for trademark infringement and related claims, summary judgment for defendants-non-profits is reversed in part and remanded where: 1) the district court erred in holding that a non-profit corporation cannot be a related company whose use of the trademark is controlled by the mark's registrant; and 2) there remain disputed issues of fact regarding both the doctrine's applicability in this case, and the capacity in which testator registered the marks with the USPTO.

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