News

Case Summaries

Contracts

[06/25] Rathborne Land Co. v. Ascent Engy., Inc.
In an action for breach of defendant's obligations to reasonably develop and explore a leased parcel of oil, gas, and mineral land, judgment for plaintiff is affirmed in part where: 1) plaintiff's letter to defendant met the La. Rev. Stat. Ann. section 31:136 demand requirement; and 2) district court did not clearly err in concluding that plaintiff would have been able to lease the disputed acreage more than once if it had been able to seismically survey the parcel prior to 2006. However, the judgment is vacated in part where neither the district court nor plaintiff could show an adequate ground -- indeed, any relevant precedent -- for awarding consequential damages for lost leasing and seismic revenues on the entire parcel.

[06/25] Bagby Elevator Co. v. Schindler Elevator Corp.
In an action for tortious interference with contract, judgment for plaintiff is affirmed where: 1) under the court's highly deferential standard of review, there was no reversible error in the district court's decision to use the pattern jury instruction; 2) there was sufficient evidence of both malice and gross negligence to support an award of exemplary damages; and 3) there was ample evidence of causation to support the verdict.

[06/25] Greenspan v. LADT, LLC
In a trust's suit for breach of contract and other claims against two affiliated companies and individuals, trial court's confirmation of an arbitrator's award against defendants in the amount of $6.34 million is affirmed where: 1) per the JAMS rules, the arbitrator, not a court, determines what issues are arbitrable, and here, the arbitrator determined that the issue of joint and several liability was arbitrable; 2) arbitrator's finding of joint and several liability was rationally related to the parties' contract; 3) as to the timeliness of the final award under JAMS rules, the arbitrator's interpretation and application of the rules cannot be judicially reviewed on the merits; and 4) the suit against the arbitrator was barred by arbitral immunity and would not have caused a reasonable person to doubt the arbitrator's impartiality.

[06/25] Lincoln Nat'l Life Ins., Co. v. Bezich
A petition for permission to appeal, arising from the district court's remand of plaintiff's class action lawsuit against an insurer for breach of contract claims on the basis that CAFA's exception to federal jurisdiction for the action applied, is dismissed for lack of jurisdiction as plaintiff's claim "related to the rights, duties,...and obligations relating to or created by or pursuant to...a security," as defined in the Securities Act of 1933.

[06/24] Baker v. Am. Horticulture Supply, Inc.
In an independent wholesale sales representative's suit for breach of contract, promissory fraud, and a violation under the Independent Wholesale Sales Representatives Contractual Relations Act of 1990, judgment of the trial court is affirmed in part and reversed in part where: 1) the trial court did not abuse its discretion in granting a new trial on the breach of contract and promissory fraud claims in concluding that the award of damages was excessive and that plaintiff was not entitled to a 10% commission in alleged sales; and 2) trial court's grant of defendant's motion for a directed verdict on the violation of the Act claim is reversed as the evidence is sufficient to support a finding that defendant willfully failed to enter into a written contract as required by the Act.

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Environmental Law

[06/21] Monsanto Co. v. Geertson Seed Farms
In an action challenging the Animal and Plant Health Inspection Service's (APHIS) decision to approve the unconditional deregulation of Roundup Ready Alfalfa (RRA), a variety of alfalfa genetically engineered to tolerate the herbicide Roundup, the Ninth Circuit's affirmance of judgment for plaintiffs is reversed where: 1) plaintiffs had standing to seek injunctive relief, and defendants had standing to seek the Court's review of the Ninth Circuit's judgment affirming the entry of such relief; and 2) the district court abused its discretion in enjoining APHIS from effecting a partial deregulation and in prohibiting the planting of RRA pending the agency's completion of its detailed environmental review.

[06/18] Biodiversity Conservation Alliance v. Bureau of Land Mgmt.
In several environmental and citizens' groups challenge to a 2003 Bureau of Land Management resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin, summary judgment for defendants is affirmed where the Bureau reasonably concluded that phased development was impractical and would not meet the project's purposes, and this ground was an adequate basis for the Bureau's decision

[06/18] Te-Moak Tribe of Western Shoshone of Nev. v. US Dept. of Interior
In an action claiming that the Bureau of Land Management's (BLM) approval of a mining company's amendment to a plan of operations for an existing mineral exploration project in Nevada violated the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and the Federal Land Policy and Management Act, summary judgment for defendants is affirmed in part where 1) the BLM did not violate NEPA by approving the amendment without knowing the precise locations of drill sites, access roads, and other project activities; and 2) given the uncertainty of the exploration activities, the BLM imposed mitigation measures designed to adequately protect cultural resources in all phases of the amendment. However, the order is reversed in part where BLM's analysis of the cumulative impacts of the proposed amendment and the project was insufficient, and therefore violated NEPA.

[06/18] Tomlinson v. County of Alameda
Trial court's denial of plaintiffs' petition for a writ of administrative mandate, challenging a decision of a county to approve a subdivision development is reversed as the project was not exempt from CEQA review as the county used the wrong legal standard in applying the exemption and substantial evidence does not show the proposed subdivision satisfied the exemption's criteria.

[06/17] Curd v. Mosaic Fertilizer, LLC
In a suit brought by fishermen against a defendant for negligently spilling pollutants and hazardous contaminants into a pond, the judgment of the Second District is quashed as commercial fishermen have both a statutory and common law cause of action for economic losses proximately caused by the negligent release of pollutants despite the fact that the fishermen do not own any property damages by the pollution.

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Labor & Employment Law

[06/25] Kemp v. Holder
In an action for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act arising from the termination of plaintiff's employment as a federal court security officer, summary judgment for defendant is affirmed where plaintiff failed to show a genuine issue of material fact regarding whether he had a "disability," as that term is defined under the ADA.

[06/25] Malone v. Lockheed Martin Corp.
In plaintiff's suit for employment discrimination based on race and retaliation, district court's grant of defendants' motion for judgment as a matter of law is affirmed where, for substantially the same reasons as the court indicated below, the record reveals no significant evidentiary basis for the verdict.

[06/25] Murthy v. Vilsack
In an action by an ex-employee against the Secretary of Agriculture for breach of the terms of a settlement agreement and for non-selection to a GS-15 position in violation of Title VII, an order partially transferring the action and partially granting summary judgment is affirmed where: 1) the filing of an amended complaint after the 180-day waiting period expired could not cure the failure to exhaust; and 2) res judicata would not bar the filing of a new Title VII non-selection civil action after he exhausted his EEOC remedies.

[06/25] Pickett v. Sheridan Health Care Ctr.
In plaintiff's Title VII suit against her former employer for being fired in retaliation for her complaints about sexual harassment by residents of defendant's nursing home, district court's denial of defendant's motions for a new trial and remittitur are affirmed where: 1) plaintiff presented enough evidence to persuade a reasonable jury that her complaints caused defendant to fire her; 2) it was not an abuse of discretion to deny the motion for a new trial on the basis of plaintiff's counsel's closing arguments; 3) it was not an abuse of discretion in denying remittitur on the compensatory damages as enough evidence supported a jury award of $25,000, which is well within the $200,000 cap set out in 42 U.S.C. section 1981a(b)(3)(C); and 4) it was not an abuse of discretion in denying remittitur on the punitive damage award and the logic of Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008) does not apply to this Title VII case.

[06/25] Ruiz v. Cty. of Rockland
In an action against a county for national origin and race discrimination under Title VII and the Equal Protection Clause, summary judgment for defendant is affirmed where: 1) the district court erred in finding that plaintiff was not qualified for his position based on evidence of plaintiff's misconduct; but 2) plaintiff failed to raise an inference of discrimination.

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Oil & Gas

[06/25] Rathborne Land Co. v. Ascent Engy., Inc.
In an action for breach of defendant's obligations to reasonably develop and explore a leased parcel of oil, gas, and mineral land, judgment for plaintiff is affirmed in part where: 1) plaintiff's letter to defendant met the La. Rev. Stat. Ann. section 31:136 demand requirement; and 2) district court did not clearly err in concluding that plaintiff would have been able to lease the disputed acreage more than once if it had been able to seismically survey the parcel prior to 2006. However, the judgment is vacated in part where neither the district court nor plaintiff could show an adequate ground -- indeed, any relevant precedent -- for awarding consequential damages for lost leasing and seismic revenues on the entire parcel.

[06/25] Hershey v. Engy. Transfer Ptnrs., L.P.
In a putative class action under the Commodities Exchange Act (CEA), alleging manipulation of natural gas futures and options prices, the dismissal of the complaint is affirmed where plaintiffs did not allege facts tending to show that defendants had specifically intended to manipulate the cost of natural gas.

[06/18] Biodiversity Conservation Alliance v. Bureau of Land Mgmt.
In several environmental and citizens' groups challenge to a 2003 Bureau of Land Management resource management plan amendment allowing natural gas development in Wyoming's Powder River Basin, summary judgment for defendants is affirmed where the Bureau reasonably concluded that phased development was impractical and would not meet the project's purposes, and this ground was an adequate basis for the Bureau's decision

[06/16] Bailey v. Shell W. E&P Inc.
In an action by Shell seeking a declaration regarding the proper calculation method for royalties on carbon dioxide in the McElmo Dome area, summary judgment for plaintiff is affirmed where: 1) Fed. R. Civ. P. 41(a) dismissal only applies to the dismissal of an entire action, not particular claims; 2) because the parties only disputed Shell's obligations under a contract related to real property, the local action rule did not control; and 3) plaintiff did not carry his burden to prove that the allegations in his False Claims Act claims were not based upon prior, public disclosures -- or, if they were, that he was an original source of the information.

[06/16] Norfolk S. Ry. Co. v. City of Alexandria
In an action for a declaratory judgment against a city, arising from an ordinance to regulate ethanol transloading at plaintiff's facility, judgment of the district court is affirmed in part, dismissed in part, and vacated where: 1) the ordinance, as applied to plaintiff through the permit, is preempted by the Interstate Commerce Commission Termination Act (ICCTA); 2) district court's judgment with respect to the Hazardous Materials Transportation Act (HMTA) and Federal Rail Safety Act (FRSA) is vacated; and 3) because the disposition of the ICCTA claim renders other preemption claims moot, the HMTA claim is dismissed.

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Class Actions

[06/25] Lincoln Nat'l Life Ins., Co. v. Bezich
A petition for permission to appeal, arising from the district court's remand of plaintiff's class action lawsuit against an insurer for breach of contract claims on the basis that CAFA's exception to federal jurisdiction for the action applied, is dismissed for lack of jurisdiction as plaintiff's claim "related to the rights, duties,...and obligations relating to or created by or pursuant to...a security," as defined in the Securities Act of 1933.

[06/24] Faulkinbury v. Boyd & Assoc. Inc.
In a suit brought by about 4000 current and former employees against an employer, claiming that the company, which provides security guard services throughout Southern California, denied meal and rest breaks and failed to pay for overtime, trial court's denial of their motion for class certification is affirmed in part, reversed in part and remanded where: 1) order denying the motion for class certification as to the meal break class and the rest break class is affirmed as the trial court did not abuse its discretion in finding common issues of law and fact did not predominate over individual issues; and 2) order denying the motion for class certification as to the overtime-pay class is reversed and remanded.

[06/24] Brown v. Kelly
In a class action by persons allegedly arrested pursuant to an unconstitutional New York anti-begging statute, the district court's class certification order is affirmed in part where the citywide plaintiff class met the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3). However, the order is reversed in part where the district court erred in certifying a statewide defendant class because the defendant class representatives did not meet the adequacy and typicality requirements of Federal Rule of Civil Procedure 23(a), and the district court also erred in certifying a statewide plaintiff class because the certification of this class was contingent on the bilateral certification of both a statewide plaintiff and a statewide defendant class.

[06/22] Anderson v. Bayer Corp.
In a suit for personal injuries caused by Trasylol, a prescription medication manufactured by Bayer, defendants' petition for leave to appeal under 28 U.S.C. section 1453(c) of a district court's order remanding four of the five cases is denied for lack of jurisdiction as the district court properly concluded that the four cases were not "mass" actions under CAFA.

[06/17] Curd v. Mosaic Fertilizer, LLC
In a suit brought by fishermen against a defendant for negligently spilling pollutants and hazardous contaminants into a pond, the judgment of the Second District is quashed as commercial fishermen have both a statutory and common law cause of action for economic losses proximately caused by the negligent release of pollutants despite the fact that the fishermen do not own any property damages by the pollution.

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