Monthly Releases

In S.J. v. Issaquah School District, December 11, 2006 for the United States Court of Appeals for the Ninth Circuit 470 F.3d 1288 held that federal law, rather than state law, applies to the time limit for serving the complaint. The Plaintiff filed a petition for review of an administrative agencies order but did not serve summons until after 30 days had elapsed. The state had a statute which provided that a petition for review must be filed and served within 30 days of the final order by a state administrative agency.A district court concluded that service came too late and dismissed the...

The Court of Appeals for the Tenth Circuit held that a court sitting in diversity still must consider substantive state policy when determining evidence admissibility. In Sims v. Great American Life Insurance Co., Tenth Cir. November 7, 2006 469 F.3d 870 the issue was whether plaintiff's decedent's death was as a result of an accident or as a result of suicide. Oklahoma has a statute directing that evidence of the use or non-use of seatbelts is inadmissible "in any civil suit in Oklahoma." Defendant sought to introduce the evidence of non-use to reflect his mental state and his intent to...

The Third Circuit Court of Appeals in reversing the Trial Court's decision to exclude evidence of a lack of prior claims set forth the test for admissibility. In Moyer v. United Dominion Indus., Inc. 473 F3d 532, plaintiffs, who were factory workers, suffered hand injuries after using a machine used to form metal manufactured by the defendant. The Court of Appeals pointed out that whether evidence of a lack of prior claims is admissible in a diversity case is governed by federal law. And since such evidence may suggest a lack of product defect, lack of an unduly dangerous condition, or lack...