Case Summaries

Injury & Tort Law

[11/21] McGhee v. Pottawattamie County, Iowa
In suits by two men convicted for murder and released over twenty years later, alleging constitutional violations by the original prosecutors and defamation by the current prosecutor, orders of the district court are affirmed in part and reversed in part where: 1) defendant-current prosecutor was entitled to sovereign immunity on the defamation claim; and 2) with respect to defendants-original prosecutors, the district court erred in failing to conduct an analysis of the scope of their employment for sovereign immunity purposes distinct from the court's analysis of whether they were entitled to absolute immunity.

[11/21] Dale v. Poston
In a federal prisoner's suit alleging Eighth Amendment violations by prison employees who allegedly failed to protect him from an attack by another inmate, summary judgment for defendants is affirmed where there was no evidence that any of the defendants were aware of facts from which they could draw an inference of substantial harm.

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Consumer Protection

[11/14] H&R Block, Inc. v. Am. Int'l Specialty Lines Ins. Co.
Class actions filed against nationwide tax preparer H&R Block asserting a variety of statutory and common law claims arising out of H&R's Refund Anticipation Loan (RAL) program are excluded from "prior acts" coverage under professional liability "claims made" insurance policies because other class actions asserting similar claims were filed prior to the policy periods.

[11/13] McKinney v. Cadleway Props., Inc.
In a suit alleging that defendant violated the Fair Debt Collection Practices Act (FDCPA) in its efforts to collect upon a debt, summary judgment for plaintiff is reversed where: 1) defendant was a "debt collector" subject to the FDCPA; but 2) the "validation of debt" notice defendant sent to plaintiff was clear on its face, and provided the statutorily-required information.

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Health Law

[11/21] Hines v. Anderson
In a suit over prison medical care, an order terminating a consent decree regulating medical care for inmates at a federal prison is affirmed where: 1) the decree did not constitute a final judgment, and plaintiffs-inmates had no property right therein that would entitle them under the due process clause to further discovery and a pretermination evidentiary hearing; 2) the Prison Litigation Reform Act did not require a pretermination investigation and evidentiary hearing; 3) there was no evidence of ongoing Eighth Amendment violations at the prison; and 4) the consent decree was not narrowly tailored or the lease intrusive means to protect the inmates' Eighth Amendment rights.

[11/19] Mission Hosp. Reg'l Med. Ctr. v. Shewry
In an action brought by over 100 state hospitals alleging section 32 of Senate Bill No. 1103, which froze reimbursement rates paid to noncontract hospitals for inpatient services during the state's 2004-2005 fiscal year, violated the Medicaid Act and that the Department of Health Care Services violated federal Medicaid regulation and state and federal protections, judgment rejecting most of plaintiffs' claims is reversed and remanded where: 1) the federal statute requiring notice and comment procedures applied to the state's action; 2) the state's process did not satisfy the federal statute; and 3) the trial court erred in its ruling under section (13)(A).

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Consumer Products

[11/13] Lorillard Tobacco Co. v. Chester, Willcox & Saxbe, LLP
In an interpleader action brought by tobacco companies against a number of attorneys, including defendants, to determine the proper recipients of four annual $125 million payments that the companies agreed to pay as part of an attorneys' fee agreement related to the 1998 tobacco settlement, an order overruling defendants' objections to other parties' claims to the proceeds of the settlement of the interpleader action is reversed and remanded where: 1) contrary to the ruling below, defendants were not judicially estopped from objecting to certain acknowledgments; and 2) a remand for further proceedings was proper.

[11/05] E.S.S. Entm't 2000, Inc. v. Rock Star Videos, Inc.
In an action brought by the operator of a strip club in Los Angeles against the producer of a video game in the "Grand Theft Auto" series claiming, inter alia, that the game's depiction of a strip club called the "Pig Pen" infringed its trademark and trade dress associated with the "Play Pen", summary judgment for defendant-game producer is affirmed where: 1) modification of plaintiff's trademark was not explicitly misleading and was thus protected by the First Amendment; and 2) the First Amendment defense applies equally to plaintiff's state law claims as to its Lanham Act claim.

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Class Actions

[11/20] Newark Parents Ass'n v. Newark Pub. Sch.
In a putative class action by parents of students alleging that defendant-school district was failing to live up to its obligations under the No Child Left Behind Act (NCLBA), dismissal of claims is affirmed where the notice and supplemental-education-services provisions of NCLBA did not confer a private right of action upon aggrieved individuals.

[11/19] Shady Grove Orthopedic Assoc. v. Allstate Ins. Co.
In a class action claim for statutory penalties under section 5106(a) of New York insurance law against defendant-Allstate Insurance Company, grant of motion to dismiss is affirmed where: 1) section 901(b) of the New York Civil Practice Law and Rules may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under state law; and 2) section 5016(a) did not fall within the exception clause of section 901(b).

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