Civil Procedure, Criminal and Personal Injury Matters

Primiano v. Cook, No. 06-15563, involved an action against the manufacturer of an artificial elbow.  The court of appeals reversed summary judgment for defendant on the ground that the exclusion of plaintiff's expert's evidence was error as plaintiff's expert, with a sufficient basis in education and experience, testified that the artificial joint "failed to perform in the manner reasonably to be expected in light of its nature and intended function," which was enough to assist a trier of fact.

In Valdovinos v. McGrath, No. 08-15918, the court of appeals reversed in part the denial of petitioner's habeas petition in a murder prosecution, holding that a reasonable probability existed that certain undisclosed Brady material, which included evidence of prior photo lineups, the drugs and gun found in a government witness's possession, and the favorable treatment the witness received for his testimony, could have altered the result of the trial.

Hesse v. Sprint Corp., No. 08-35235, concerned a class action alleging that defendant Sprint Corp. unlawfully collected a Washington state tax from Washington customers.  The court of appeals vacated summary judgment for defendant, on the ground that a prior class action settlement challenged Sprint's billing of customers for certain federal regulatory fees, and the Washington plaintiffs' interests were not adequately represented in that litigation.

Related Resources

• Full Text of Primiano v. Cook, No. 06-15563
• Full Text of Valdovinos v. McGrath, No. 08-15918
• Full Text of Hesse v. Sprint Corp., No. 08-35235