Weekly civil procedure case summaries, from FindLaw.com.
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Civil Procedure
Digest for Week of May 5th, 2016

Civil Procedure Case Summaries


Trafon Group, Inc. v. Butterball LLC

May 03, 2016
Civil Procedure, Contracts

(United States First Circuit) - In a suit alleging defendant breached an exclusive distribution agreement in violation of Puerto Rico's Law 75 of June 24, 1964, P.R. Laws Ann. tit. 10 section 278, the District Court's denial of a preliminary injunction against defendant and dismissal of the complaint is affirmed where plaintiff's claim was barred under Law 75's three-year statute of limitations and properly under Federal Rule of Civil Procedure 56(f).
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J-M Manufacturing Co. v. Phillips & Cohen

May 03, 2016
Civil Procedure, Injury & Tort Law, Media Law

(California Court of Appeal) - In a suit for defamation and trade libel filed against a law firm-defendant that issued a press release concerning its false claims litigation victory over plaintiff, the trial court's denial of defendant's special motion to strike the complaint under Code of Civil Procedure section 425.16 (Anti-SLAPP), is reversed where: 1) although defendant may be guilty of self-promotion and puffery, its description of the evidence at trial and the jury's special verdict in the press release falls comfortably within the permissible degree of flexibility and literary license afforded communications to the media concerning judicial proceedings; 2) the substance of its report was accurate; and 3) the release was absolutely privileged under Civil Code section 47(d).
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Li v. Yan

May 02, 2016
Civil Procedure

(California Court of Appeal) - In an appeal arising from plaintiff's efforts to examine defendant as a judgment debtor, as provided for generally in Code of Civil Procedure section 708.110, et seq., the trial court's order that defendant must produce all financial documents responsive to the subpoena duces tecum is affirmed where defendant's claims of improper service have no merit and defendant must produce his tax returns.
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Federal Home Loan Bank of Bost v. Moody's Corp.

May 02, 2016
Civil Procedure, Securities Law, Banking Law

(United States First Circuit) - In a case arising out of the near-collapse of the mortgage-backed securities market, alleges that various rating agencies falsely gave out triple-A ratings to mortgage-backed securities they knew were far riskier than indicated by their pristine ratings, the District Court's dismissal of plaintiff's claims on jurisdictional grounds is reversed where it erred in finding that it lacks statutory power to transfer this action to another federal court in which personal jurisdiction over certain defending parties may be met.
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Hearn Pacific v. Second Generation Roofing

May 02, 2016
Civil Procedure, Construction

(California Court of Appeal) - In an appeal involving the issue of a trial court's authority to amend a judgment to add the name of an additional judgment debtor, in underlying assignment of a the trial court's denial of defendant's motion to amend two attorney fees orders to add one of the general contractor-plaintiff's insurers as a judgment debtor, is reversed where the court abused its discretion under Code of Civil Procedure section 368.5.
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