Legal News

Case Summaries

Admiralty

[08/25] In Re: S. Scrap Material Co. LLC
In an action in which the United States sought to bring a personal liability claim under the Wreck Act for removal of a sunken drydock, a judgment lifting and modifying an injunction to allow the liability claim to proceed is affirmed where: 1) the government could state a personal liability claim under the Wreck Act for the recovery of its actual cost of removing a sunken vessel from a navigable waterway without alleging that the vessel owner negligently caused the sinking; and 2) the Limitation of Liability Act did not apply to limit the recovery by the government of wreck removal costs under the Wreck Act.

[08/25] US v. MV Sanctuary
Warrant authorizing the Environmental Protection Agency (EPA) to inspect the M/V Sanctuary for polychlorinated biphenyls (PCBs) is affirmed where the EPA has authority to obtain an administrative warrant to carry out its authority under the Toxic Substances Control Act (TSCA).

[08/22] Williamson v. Recovery Ltd. P'ship
In maritime claim against defendants for alleged nonpayment of contracts, decision in favor of plaintiffs is affirmed where: 1) the contracts between plaintiffs and defendants are maritime contracts; 2) the notice requirements of Rule B were met; 3) equitable factors did not weigh in favor of vacating the maritime attachments; and 4) a Rule 11 hearing was not required.

[08/21] Lloyd's of London v. Pagan-Sanchez v. Caribbean Boat Mfg. and Servs.
In a case involving maritime insurance, denial of plaintiff-insurers' motion for summary judgment that payment under its policy was excused by the insured's breach of warranty is reversed where the district court erroneously applied a different view from the prevailing view, in both federal law and state maritime insurance law, that a breach of warranty will excuse the maritime insurer from payment regardless of any causal connection to the loss.

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Class Actions

[08/27] Sicar v. Chertoff
In a class action claim for declaratory and injunctive relief, alleging the government has systematically misclassified plaintiffs' parole status during the course of status adjustment determinations under the Haitian Refugees Immigration Fairness Act of 1998, dismissal of class action complaint is affirmed where the court lacks subject matter jurisdiction.

[08/26] Mamot Feed Lot & Trucking v. Hobson
In a class action raising federal usury and antitying claims against a bank, its holding company, and various shareholders, officers, and employees of the bank, following the criminal indictment of the bank's president for defrauding the bank of nearly one million dollars, dismissal of the claim is affirmed where: 1) as sections 85 and 86 do not apply to state-chartered banks, the district court properly dismissed those claims brought under the National Bank Act for want of jurisdiction; 2) the district court properly dismissed a claim under 12 U.S.C. section 1831d for failure to state a claim; and 3) the complaint provided absolutely no facts to support an illegal tying claim.

[08/25] Cable Connection, Inc. v. DirecTV, Inc.
Under the California Arbitration Act, judicial review of the merits of an arbitration award is permissible where the contracting parties have expressly agreed that the arbitrators shall have no power to commit errors of law and that the award may be vacated or corrected on appeal for legal error.

[08/22] Mark v. Spencer
In a class action case, judgment in favor of defendant is affirmed where: 1) the trial court did not err in sustaining the demurrer without leave to amend; and 2) plaintiff's claims of a fee-splitting agreement are barred by res judicata.

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Commercial Law

[08/27] Gander Mountain Co. v. Cabela's, Inc.
In a case arising from a contract dispute involving a 1996 transaction between the parties, summary judgment for plaintiff on a counterclaim, finding that a provision at issue was unenforceable because it was merely an agreement to agree, is affirmed over claims that the district court violated the law-of-the-case doctrine and erred in granting summary judgment.

[08/27] 216 Jamaica Ave., LLC v. S & R Playhouse Realty Co.
In a case involving the enforceability of a "gold clause" contained in a 1912 lease agreement, which required payment of rents to be in gold coins, a judgment against plaintiff-owner who tried to enforce the clause is reversed and remanded where: 1) contrary to the ruling below, the clause is enforceable; and 2) a remand was necessary for the district court to interpret the clause, to determine the obligation it imposes on the lessee, and to address any other defenses in the first instance, including lessee's estoppel-by-deed and waiver defenses.

[08/27] 216 Jamaica Ave., LLC v. S & R Playhouse Realty Co.
In a case involving the enforceability of a "gold clause" contained in a 1912 lease agreement, which required payment of rents to be in gold coins, a judgment against plaintiff-owner who tried to enforce the clause is reversed and remanded where: 1) contrary to the ruling below, the clause is enforceable; and 2) a remand was necessary for the district court to interpret the clause, to determine the obligation it imposes on the lessee, and to address any other defenses in the first instance, including lessee's estoppel-by-deed and waiver defenses.

[08/26] Grynberg v. Total S.A.
In two suits against oil companies raising tort claims for breach of fiduciary duty and equitable claims for unjust enrichment involving potential oil and gas reserves in Kazakhstan, summary judgment for defendants is affirmed where the claims were barred by the applicable statute of limitations and laches.

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Injury & Tort Law

[08/27] Ramirez v. Knoulton
In a suit alleging excessive force by defendant-police officer for shooting plaintiff during his arrest, denial of summary judgment to defendant is reversed where defendant acted reasonably in deciding to use deadly force, and no constitutional violation therefore occurred.

[08/27] Khorrami v. Rolince
In a suit alleging violations of due-process rights by government agents who detained plaintiff while investigating the September 11, 2001 terrorist attacks, an interlocutory appeal of the denial of a grant of qualified immunity to defendants is dismissed for lack of appellate jurisdiction where the district court's deferral of a ruling on the government's qualified immunity motion was not equivalent to a denial of the motion.

[08/26] Grynberg v. Total S.A.
In two suits against oil companies raising tort claims for breach of fiduciary duty and equitable claims for unjust enrichment involving potential oil and gas reserves in Kazakhstan, summary judgment for defendants is affirmed where the claims were barred by the applicable statute of limitations and laches.

[08/26] Duncan v. Workers' Comp. Appeals Bd.
Workers' Compensation Appeals Board (WCAB) decision granting reconsideration is annulled where the WCAB erred in holding that a sanction can be imposed against the Uninsured Employers Benefits Trust Fund (UEBTF), if its "failure to comply with the award of attorney's fees resulted from willful or bad faith actions".

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