Case Summaries
Class Actions
[05/13]
Bufil v. Dollar Fin. Group, Inc.
In a purported class action against an employer alleging violation of meal and rest break labor laws, a judgment entered in favor of employer along with a denial of plaintiff's motion for class certification are reversed where the trial court erred in: 1) concluding that issue preclusion principles should bar plaintiff's request for class certification under applicable precedents; and 2) finding that individual issues predominated over common issues, class members were unascertainable, and a class action was not the superior method for resolving the litigation.
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Elder Law
[05/13]
Cao v. Commonwealth of Puerto Rico
In an action wherein plaintiff sought recovery under 42 U.S.C. section 1983 for alleged constitutional violations along with several state law causes of action after she was removed from her home, made to undergo a psychological evaluation, and placed in a state institution for the elderly, dismissal of plaintiff's complaint is affirmed where: 1) the district court properly dismissed plaintiff's section 1983 claim as untimely; and 2) with no federal cause of action remaining, the district court acted within its discretion in declining to exercise supplemental jurisdiction over remaining state law claims.
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Injury & Tort Law
[05/14]
Lockett v. Suardini
In a prisoner's action claiming a violation of his free speech rights when he was forcibly removed from a parole hearing after insulting the hearing officer, as well as cruel and unusual punishment based on guards' use of excessive force and nursing staff's refusal to treat his injuries, summary judgment against plaintiff is affirmed where: 1) a prisoner is not engaged in protected conduct when he violates a legitimate prison regulation; 2) the prison guards used minimal force and plaintiff suffered minimal injuries when he was removed from the hearing room; and 3) plaintiff did not have an objectively serious medical need due to his minor injuries, and there was no deliberate indifference from the nursing staff since they checked up on the plaintiff twice after the incident.
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