McLane Co., Inc. v. EEOC

A federal appellate court reviews a district court’s decision to enforce or quash an administrative subpoena for abuse of discretion.  Reversing a 2015 decision by the Ninth Circuit, 804 F.3d 1051, this decision holds that an appellate court should review a district court’s decision to enforce or quash an administrative subpoena, such as an EEOC…

Animal Legal Defense Fund v. FDA

In cases involving the Freedom of Information Act, summary judgment decisions are reviewed de novo.  This en banc decision overrules prior panel decisions which followed a since-overruled DC Circuit decision in holding that summary judgments in FOIA cases were to be reviewed under a clearly erroneous standard.  Instead, this decision holds that summary judgment orders…

Kinda v. Carpenter

A trial judge has discretion to dispose of a case or claim on the merits in the course of ruling on a motion in limine, but must do so using the normal nonsuit standard of review.  Echoing Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, this decision holds that a trial judge has discretion…