Articles Posted in Civil Procedure

The First Circuit reversed the district court’s denial of Eric Blattman’s motion to compel Thomas Scaramellino to respond to questions regarding certain documents in this appeal arising out of a civil action brought in a Delaware federal court concerning a corporate merger between Efficiency 2.0 LLC (E2.0) and C3, Inc. As part of the Delaware action, Blattman attempted to depose Scaramellino, the founder of E2.0. At the deposition, Scaramellino refused to answer questions about the documents at issue by asserting attorney-client privilege and work-product protection. Blattman filed a motion to compel Scaramellino to respond to his questions regarding the documents. The district court denied the motion to compel based on Scaramellino’s assertion of the work-product protection. The First Circuit reversed, holding that the district court erred in ruling that Scaramellino was entitled to assert the work-product protection to defeat Blattman’s motion to compel. View "Blattman v. Scaramellino" on Justia Law

The First Circuit affirmed the federal district court’s denial of Plaintiff’s motion for a default judgment against the Republic of Cuba seeking to enforce a Maine Superior Court’s default judgment of $21 million for the “extrajudicial killing” of Plaintiff’s father, a purported covert United States agent. The district court denied Plaintiff’s motion and dismissed her suit for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1330, 1602-1611, which generally bars suits against foreign sovereigns. The district court held that it lacked subject matter jurisdiction over the suit because of Plaintiff’s failure to show that the terrorism exception to foreign sovereign immunity applied. Specifically, the district court disagreed with the Maine Superior Court’s determination that Plaintiff’s father was “extrajudicially killed” by Cuba for purposes of the FSIA. The First Circuit affirmed, holding that Plaintiff failed to provide any evidence that Cuba committed an extrajudicial killing, and therefore, Plaintiff could not establish that the terrorism exception to the FSIA applied. View "Sullivan v. Republic of Cuba" on Justia Law

The First Circuit vacated the judgment of the district court dismissing APB Realty, Inc.’s complaint against Georgia-Pacific alleging breach of contract stemming from the failure of a proposed deal concerning the purchase of rail freight cars. The district court dismssed the complaint for failure to state a claim upon which relief could be granted, finding that no contract had been formed between the parties. The First Circuit disagreed, holding that the complaint alleged facts from which the Court could plausibly infer the making and breaking of a contract. The Court remanded the cause for further proceedings. View "APB Realty, Inc. v. Georgia-Pacific LLC" on Justia Law

The district court did not err in dismissing Plaintiffs’ first amended complaint (FAC) for failure to state a claim or in denying Plaintiffs leave to file their proposed second amended complaint (PSAC) in this litigation in which Plaintiffs brought securities fraud claims against Sarepta Therapeutics, Inc. (Sarepta), Sarepta’s chief executive officer and Sarepta’s chief scientific officer (collectively, Defendants). Plaintiffs sought to represent a class of purchasers of securities that Sarepta issued between April 21, 2014 and October 27, 2014. Plaintiffs alleged that Defendants knowingly or recklessly misled investors about their target date for submitting an application to the United States Food and Drug Administration (FDA) for approval of the drug eteplirsen. The district court dismissed the FAC and denied Plaintiffs leave to file the PSAC. The First Circuit affirmed, holding (1) the district court did not err in dismissing the FAC for failure to state a claim because Plaintiffs did not adequately plead scienter in the FAC; and (2) and even assuming that the PSAC was not futile, the district court did not abuse its discretion in denying the PSAC on undue delay grounds. View "Kader v. Sarepta Therapeutics, Inc." on Justia Law

A trial court that wishes to us the McDonnell Douglas framework, see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973), as part of its jury instructions should translate it into everyday parlance and fit it to the facts and circumstances of a particular case. In this case alleging violations of federal and state law, including the Family and Medical Leave Act and the Rhode Island Civil Rights Act, the First Circuit affirmed the judgment of the district court entering a take-nothing verdict in favor of Defendants. Plaintiff moved for a new trial, arguing, among other things, that the district court erred in employing the McDonnell Douglas framework in its jury instructions. The First Circuit affirmed, holding that the district court’s jury instructions as a whole were satisfactory. View "Teixeira v. Town of Coventry" on Justia Law

In this appeal, the fifth in a case stemming from Plaintiff’s unsuccessful attempts to enforce a $23 million judgment against Defendants, Defendants challenged the district court’s denial of their Rule 60 motion. Defendants, who repeatedly refused to comply with court orders, were sanctioned for contempt. In their Rule 60 motion, Defendants argued that the contempt sanctions should be vacated. The district court denied the motion on the grounds that Defendants had waived their argument, that Defendants’ position was contrary to the civil rules, and that Defendants’ claim lacked substantive merit. The First Circuit affirmed, holding that Defendants waived their Rule 60 argument, that the district court did not abuse its discretion in denying Defendants’ motion for relief, and that the relief Defendants sought would be inequitable. View "AngioDynamics, Inc. v. Biolitec AG" on Justia Law

The First Circuit affirmed the district court’s denial of a motion for leave to amend a complaint after certain court proceedings, holding that the district court was not required to allow leave to amend. Plaintiffs filed suit against a group of healthcare entities alleging that Defendants’ compensation practices violated the Fair Labor Standards Act, the Employee Retirement Income Security Act, and the Racketeer Influenced and Corrupt Organizations Act. Defendants filed a motion for judgment on the pleadings. Plaintiffs opposed the motion, including a request to amend should the court grant the motion. The district court ultimately granted Defendants’ motion for judgment on the pleadings as to all of Plaintiffs’ claims and noted that Plaintiffs’ counsel had voiced the possibility that Plaintiffs might seek leave to amend but never followed through with a proper motion to amend. The First Circuit affirmed, holding that the district court did not abuse its discretion when it denied Plaintiffs’ motion for leave to amend the complaint. View "Hamilton v. Partners Healthcare System, Inc." on Justia Law

The district court did not abuse its discretion in denying Appellant’s motion for extension of time to file notice of appeal pursuant to Bankruptcy Rule 8002(d)(1)(B) for failing to show excusable neglect. Appellant filed her motion one business day late as a result of her attorney’s preoccupation with his second job as a church’s music director. The district court concluded that counsel’s explanation for the delay amounted to mere inadvertence and did not constitute excusable neglect. The First Circuit affirmed, holding that the district court did not abuse its discretion in finding that Appellant’s counsel’s inadvertence did not constitute excusable neglect and that Appellant was bound by counsel's carelessness. View "Sheedy v. Bankowski" on Justia Law

The First Circuit affirmed the district court’s denial of Plaintiff’s motion to amend on the ground that the First Circuit’s earlier decision was law of the case. Plaintiff, acting on behalf of her daughter, brought suit against the Falmouth School Department (Falmouth) alleging that it failed to provide O.M. with a free appropriate public education (FAPE) as guaranteed by the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. The district court entered judgment in favor of Plaintiff. The First Circuit reversed in Falmouth I, holding that Falmouth did not violate O.M.’s right to a FAPE. After the First Circuit’s decision in Falmouth I, Plaintiff sought to amend her complaint to include a claim that she had not included in her district court complaint. The district court denied the motion to amend. The First Circuit affirmed, holding that the district court properly denied Plaintiff’s motion to amend under the law of the case doctrine. View "Ms. M. v. Falmouth School Department" on Justia Law

The First Circuit reversed the denial of Plaintiff’s motion to vacate and order dismissing his lawsuit against Defendants in which Plaintiff alleged a variety of state law violations in connection with a foreclosure action against a property he owned in Nantucket, Massachusetts. The district court, sua sponte, dismissed Plaintiff’s suit for failure to prosecute after Plaintiff’s counsel failed to appear at a motion hearing. Plaintiff’s counsel subsequently filed a motion for relief from the district court order dismissing the case, citing Fed. R. Civ. P. 60(b) and claiming “mistake, inadvertence, carelessness or excusable neglect.” The district court denied the motion without prejudice. Plaintiff then refiled the motion, but the district court denied it without any further explanation. The First Circuit reversed the district court’s denial of Plaintiff’s motion to vacate the prior order dismissing his case and vacated the order dismissing his case, holding that, where Plaintiff provided the district court with an innocent and undisputed reason for counsel’s absence, dismissal with prejudice was too harsh given the circumstances. View "Keane v. HSBC Bank USA, N.A." on Justia Law