Civil Procedure Brief Byrd v. Blue Ridge Rural Electric Cooperative, Inc. Procedural History: Lower court ruled for Byrd. Appealed. Reversed and directed the entry of judgment for the respondent. Appealed. Reversed and Remanded. Facts: Respondent sells electric power to subscribers in rural sections of South Carolina. Petitioner was employed as a lineman in the construction [...]

Civil Procedure Brief Guaranty Trust Co. v. York Procedural History: Lower court ruled for York. Appealed. Circuit Court of Appeals found that in a suit brought on the equity side of a federal district court, the court was not required to apply the state statute of limitations that would govern similar suits in state courts. [...]

Civil Procedure Brief Erie R. Co. v. Tompkins Procedural History: Jury awarded Tompkins $30,000 in damages. Appealed. Affirmed. Appealed. Reversed. Facts: Slightly after midnight on July 27, 1934, Tompkins was walking home along a well-trodden footpath parallel to the Erie Railroad tracks in Pennsylvania. He was struck by a black object that looked like a [...]

Civil Procedure Brief Smuck v. Hobson Procedural History: District court granted motions to intervene. Appealed. Affirmed but their interest only extends to hose parts of the order which can be fairly said to impose restraints upon the board of education. Facts: Centered around a class action brought on behalf of Black and poor children. Court [...]

Civil Procedure Brief Pennoyer v. Neff Procedural History: November 3, 1865, Mitchell files suit against Neff in Oregon court for unpaid legal fees. February 19, 1866, Mitchell seeks writ of execution. June 1866, Mitchell seeks writ of execution. August 7, 1866, Neff property sold @ Sheriffs auction to Mitchell which is then assigned to Pennoyer [...]

Civil Procedure Brief Pebble Beach Co. v. Caddy Procedural History: District Court rules in favor of Caddy Pebble Beach Appeals Affirmed Facts: Caddy owns a bed and breakfast in Southern England. The name of the bed and breakfast is Pebble Beach. He has a website named www.pebblebeach-uk This of course resembles the California Golf Resorts [...]

Civil Procedure Brief Mas v. Perry Procedural History: Jury trial verdict for the plaintiffs. Defendant appealed. Affirmed. Facts: Jean Paul Mas is a citizen of France His wife Judy Mas was a citizen of Jackson, Mississippi. Prior to their marriage they were both graduate assistants at LSU in Baton Rouge, Louisiana. Shortly after marriage they [...]

Civil Procedure Brief Maryland State Firemans Association v. Chaves Procedural History: Default judgment entered against defendant. Defendant appeals service. Service deemed invalid, default judgment set aside. Facts: MSFA served Chaves with the summons and complaint by first class mail on or about Jan. 3, 1996. They were sent to the address listen on his letterhead. [...]

Civil Procedure Brief International Shoe Co. v. Washington Procedural History: Superior Court of Washington rules in favor of the State. International Shoe Co. appeals to US Supreme Court Supreme Court of the US Affirmed in favor of State of Washington Facts: International Shoe Co. does business in several States. The corporation is based in Delaware. [...]

Civil Procedure Brief Hess v. Pawloski Procedural History: Pawloski v. Hess @ trial court. Jury rules in favor of Pawloski. Hess appeals the decision. Court of appeals in favor of Pawloski. Hess appeals to Supreme Court. Affirmed. Facts: Hess a resident of Pennsylvania. Hess driving on a highway in Massachusetts strikes a Mass. Resident, Pawloski [...]