Citation218 F.3d 863 (8th Cir. 2000) Brief Fact Summary. In a suit for medical malpractice, Plaintiff served Defendant by mail twice but Defendant refused to acknowledge service. Plaintiff then had the Sheriff serve Defendant personally. Defendant moved for summary judgment because the statute of limitations had passed when the Sheriff received the summons and complaint. Synopsis of Rule of Law. In cases brought under diversity jurisdiction, state rules govern commencement of lawsuits while Federal rules govern service of process. &nb ...
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O’Connor v. O’Connor
Citation201 Conn. 632, 519 A.2d 13 (1986) Brief Fact Summary. Plaintiff sued Defendant for injuries suffered from a car accident in Quebec. Defendant filed a motion to strike, arguing the case was precluded under Quebec law. Synopsis of Rule of Law. In torts cases, the law of the state with the most significant relationship to the litigation will be applied. ...
Parklane Hosier Co., Inc. v. Shore
Citation439 U.S. 322, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979) Brief Fact Summary. Respondent sued Petitioners for issuing a materially false and misleading proxy statement. Relying on offensive collateral estoppel, Respondent moved for partial summary judgment on the issues that had already been ruled against the Petitioners in a prior action with other parties. Synopsis of Rule of Law. By the discretion of the trial judge, offensive collateral estoppel should be allowed in cases where a plaintiff could not easily have joined in the earlier action ...
Rodgers v. St. Mary’s Hospital
Citation149 Ill.2d 302, 597 N.E.2d 616 (1992) Brief Fact Summary. Following the death of his wife, Plaintiff sued all involved for medical malpractice. Additionally, Plaintiff sued one the Defendants for its failure to preserve his wife’s X-rays for five years, as required by state law. Synopsis of Rule of Law. Under the “same evidence” and “same transaction” tests, a new claim is not barred by res judicata if it does not involve the same facts or arise out of the same transaction as a previous claim. ...
Feldman v. Acapulco Princess Hotel
Citation137 Misc.2d 878, 520 N.Y.S.2d 477 (Sup. Ct. 1987) Brief Fact Summary. Plaintiffs sued Defendant for damages when injured at the Defendant’s hotel. Defendant argued that Mexican law was applicable, while Plaintiffs argued New York law was applicable. Synopsis of Rule of Law. Under New York’s choice of law doctrine, the public policy exception will not be applied to cases of personal injury where the governments balance of interests tips in favor of the foreign government. ...
Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg.
Citation545 U.S. 308, 125 S.Ct. 2363, 162 L.Ed.2d 257 (2005) Brief Fact Summary. Garble & Sons (Petitioner) brought a quiet tile action in state court against Darue Engineer (Respondent) for property claimed by the Internal Revenue Service (IRS). Respondent had the caseremoved. Synopsis of Rule of Law. State law claims can be removed under federal question jurisdiction when they implicate significant federal issues, unless removing the case would disrupt the division of labor between state and federal courts. ...
Granfinanciera, S.A. v. Nordberg
Citation492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989) Brief Fact Summary. Plaintiff sued Defendant for fraudulent transfers and the case was brought in a bankruptcy court. Defendant requested a jury trial. Synopsis of Rule of Law. Under the Seventh Amendment, a party is entitled to a jury trial when the nature of the claim and the relief are private, legal matters. ...
In re Atlantic Pipe Corporation
Citation304 F.3d 135 (1st Cir. 2002) Brief Fact Summary. Plaintiff sought court-ordered mediation, and Defendant objected to the forced participation and costs of mediation. Synopsis of Rule of Law. Absent local rules, statutory authority, and federal rules, a district court may order mandatory, non-binding mediation through its own inherent power to serve the interests of justice, so long as procedural safeguards are present. ...
Erie R. Co. v. Tompkins
Citation304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 118 (1938) Brief Fact Summary. A citizen of Pennsylvania (Plaintiff) sued a citizen of New York (Defendant) in New York federal court for injuries sustained from a train in Pennsylvania. Defendant argued it was not liable for Plaintiff’s injuries based on Pennsylvania common law. Synopsis of Rule of Law. Applicable state statutory and common law is applied to a case in federal court under diversity jurisdiction unless the issue of the case falls under the U.S. Constitution or an act of Congress. ...
Erie R. Co. v. Tompkins
Citation304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 118 (1938) Brief Fact Summary. A citizen of Pennsylvania (Plaintiff) sued a citizen of New York (Defendant) in New York federal court for injuries sustained from a train in Pennsylvania. Defendant argued it was not liable for Plaintiff’s injuries based on Pennsylvania common law. Synopsis of Rule of Law. Applicable state statutory and common law is applied to a case in federal court under diversity jurisdiction unless the issue of the case falls under the U.S. Constitution or an act of Congress. ...
Ex Parte U.S. National Bank Assoc.
Citation148 So.3d 1060 (Al. 2014) Brief Fact Summary. Plaintiff sued Defendant for malicious prosecution. Defendant filed a motion to dismiss, arguing the suit should be dismissed under applicable Washington law. Synopsis of Rule of Law. In a malicious prosecution claim, the injury for purposes of lex loci delicti occurs in the state where the malicious lawsuit was terminated in favor of the complaining party. ...
Gilmer v. Interstate/Johnson Lane Corp
Citation500 U.S. 20 (1991) Brief Fact Summary. Man that gets fired sues his company for age discrimination. Defendant attempts to compel arbitration of the dispute based on a registration application to the New York Stock Exchange Plaintiff signed where he agreed to arbitrate any dispute with Defendant Synopsis of Rule of Law. A claim under the Age Discrimination and Employment Act (ADEA) may be subjected to compulsory arbitration pursuant to an agreement in a securities registration application. ...
Goodyear Dunlop Tires Operations, S.A. v. Brown
Citation564 U.S. 915 (2011) Brief Fact Summary. Two American boys are killed in a bus accident in France and the boys’ parents try to sue an foreign American tire company subsidiary Synopsis of Rule of Law. A state court may not exercise general jurisdiction over a foreign defendant unless the defendant engages in continuous and systematic activities within the forum state. ...
Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg
Citation545 U.S. 308 (2005) Brief Fact Summary. Plaintiff sued under state law for sale of their property using a federal notice statute to challenge the sale claiming that service of the notice was improper. Both parties are Michigan citizens so bringing the case to federal court through diversity jurisdiction is not an option. Defendant removes to federal court and federal question jurisdiction is found to be proper. Synopsis of Rule of Law. If the action has a substantial federal component in actual controversy, and federal jurisdiction would not ...
Hanna v. Plumer
Citation380 U.S. 460 (1965) Brief Fact Summary. There was a car crash and Plaintiff sued Defendant, the executor of the decedent driver’s estate. Plaintiff brings case in federal court in Massachusetts. Plaintiff served Defendant through substituted service of process which was okay under FRCP 4 but not under Massachusetts law. Synopsis of Rule of Law. If a plaintiff serves a defendant properly under the FRCP the plaintiff can proceed with a state law claim that requires a different method of service for establishing liability. ...
Ingraham v. United States
Citation808 F.2d 1075 (5th Cir. 1987) Brief Fact Summary. The Government attempts to raise an affirmative defense post-trial after the judgements are entered in two cases where it was sued for medical malpractice Synopsis of Rule of Law. Under FRCP 8(c) if affirmative defenses are not pleaded in a timely manner, they are waived. ...
Lassiter v. Department of Social Services
Citation452 U.S. 18 (1981) Brief Fact Summary. A mother is stripped of her parental rights and is not given the right to counsel in the proceeding. Synopsis of Rule of Law. Indigent persons do not have the right to counsel in parental rights cases. ...
Marek v. Chesny
Citation473 U.S. 1 (1985) Brief Fact Summary. Plaintiff rejects a settlement offer and wins in trial but is awarded less than the settlement offer. Plaintiff attempts to get a higher amount post-trial to cover attorneys fees. Synopsis of Rule of Law. Under FRCP 68 a defendant is not responsible for attorneys fees incurred by the plaintiff subsequent to an offer of settlement when the plaintiff receives judgement less than the offer, even if the fees might normally be awarded pursuant to 42 U.S.C. § 1988. ...
Markman v. Westview Instruments, Inc
Citation517 U.S. 370 (1996) Brief Fact Summary. Markman sues Westview for patent infringement. During trial the interpretation of a complex term of art is decided by the judge instead of the jury to the dissatisfaction of the Plaintiff who appeals the ruling. Synopsis of Rule of Law. Because of the court’s training in complex issues and knowledge of written documents, it is competent to correctly, fairly, and uniformly make decisions relating to the interpretation of a term of art. ...
Martin v. Wilks
Citation490 U.S. 755 (1989) Brief Fact Summary. Birmingham attempts to use a consent decree from a case with Black firefighters to bind a subsequent case brought by white firefighters. Synopsis of Rule of Law. A judgement is only binding on the parties to a lawsuit and has no impact on the rights of a nonparty who was not joined even if they had the opportunity to do so. ...
Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
Citation475 U.S. 574 (1986) Brief Fact Summary. Two companies sued over 20 other companies alleging conspiracy in violation of the Sherman Act. Defendant’s motion for summary judgement is granted and the plaintiff appeals. Synopsis of Rule of Law. To survive a motion for summary judgement a plaintiff seeking damages for a violation of § 1 of the Sherman Act must present evidence that tends to exclude the possibility that the alleged conspirators acted independently. ...
Sanders-El v. Wencewicz
Citation987 F.2d 482 (8th Cir. 1993) Brief Fact Summary. Plaintiff sued police officers that injured him during his arrest. The first trial resulted in a hung jury and the second resulted in a verdict for Defendants. Synopsis of Rule of Law. When errors have a significantly prejudicial effect on the jury, the parties must be granted a new trial. ...
State Farm Fire & Casualty Co. v. Tashire
Citation386 U.S. 523 (1967) Brief Fact Summary. The insurance company that insured the driver of a car that collided with a Greyhound bus brough an interpleader action to require all of the plaintiffs to bring their claims in a single proceeding. Synopsis of Rule of Law. Using interpleader to confine litigation to a single forum is allowable if there are multiple claimants to the same fund and a stakeholder must acknowledge liability to one of the claimants. ...
Turner v. Rogers
Citation564 U.S. 431 (2011) Brief Fact Summary. Man jailed for failing to pay child support and he brings a case for violation of his due process rights because he was not given state appointed counsel when he was faced with the possibility of incarceration. Synopsis of Rule of Law. The Due Process Clause does not require the right to counsel for an indigent person at a civil contempt hearing when there is a prospect of incarceration, but the court must have alternative procedural safeguards to determine when counsel should be appointed. ...
Walters v. National Association of Radiation Survivors
Citation473 U.S. 305 (1985) Brief Fact Summary. Veterans want to use attorneys in their benefits proceedings but are unable to obtain sufficient counsel because the government by statute caps attorney’s fees at $10. Synopsis of Rule of Law. The Due Process Clause of the Fifth Amendment does not grant veterans claimants the right to counsel in proceedings determining their VA benefits awards. ...