All Courts 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th DC Federal Supreme Court
  
Search
From Date:
[Default]
To Date:
[Default]
Category:
Parties:
Keywords:
 
  

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64
Edit Column Delete Column   
Edit Delete 10th Circuit

ELECTIONS

Kobach v. United States Election Assistance Commission, Nov-07-2014

J. Lucero finds the district court improperly instructed the United States Election Assistance Commission to change the federal voting registration forms to grant requests from Arizona and Kansas, which wanted voters to show proof of citizenship to register. The instruction conflicts with a Supreme Court ruling that the National Voter Registration Act precludes states from asking for voter information beyond what the federal registration form requires. In addition, the executive director of the election assistance commission presented five alternatives states could use to ensure only citizens were voting that would not require changing the federal form. Reversed.

Edit Delete 1st Circuit

LABOR

Litz v. The Saint Consulting Group, Nov-07-2014

[Corrected.] J. Kayatta finds that the lower court properly dismissed plaintiffs' suit for unpaid overtime wages while working for defendant, a political consulting firm for land use campaigns nationwide. Their hourly rates are around $50, and this makes them too well-compensated to use the protections of the Fair Labor Standards Act since in practice, they actually received a salary. Although defendant directed its employees as to how they could use their stipends, this did not convert those into vacation time or other forms of wage pay. Affirmed.

Edit Delete 1st Circuit

ENVIRONMENT, MARITIME, ADMINISTRATIVE LAW

Frontier Fishing v. Pritzker, Nov-07-2014

[Corrected.] J. Kyatta finds that the lower court properly upheld the National Oceanic and Atmospheric Administration's holding petitioner liable for trawling in a restricted area under the Magnuson-Stevens Fishing Conservation and Management Act. Petitioner's contention that "radar clutter" would have blinded a government ship's radar for hours does not explain how that radar would hve repeatedly detected the same vessel moving in the same area. Even accounting for human error and equipment malfunctions, petitioner must have been in a restricted area at some point. Affirmed.

Edit Delete 1st Circuit

DRUG OFFENDER, IDENTIFICATION, EVIDENCE

U.S. v. Etienne, Nov-07-2014

[Corrected.] J. Thompson finds that the lower court properly convicted defendant of cocaine distribution. He participated unknowingly in controlled drug buys, which allowed many people to give identification testimony against him. The fact that some of the testimony was more plausible than the rest raised a credibility issue best left to the jury. His presence at the location to pick up drugs and his awareness of the price are strong enough circumstantial evidence to prove intent anyway. Defendant cannot rescind his stipulations as to drug quantity either since they were made voluntarily. Affirmed.

Edit Delete 1st Circuit

CONSPIRACY, DRUG OFFENDER, SPEEDY TRIAL

U.S. v. Worthy, Nov-07-2014

J. Stahl finds that the lower court properly convicted defendant of conspiracy to possess cocaine with intent to distribute. Although there were several delays in adjudicating his indictment, none of these unfairly prejudiced him. Enough of the delay was caused by defendant's own acquiescence and requests for continuances to prevent a violation of the Speedy Trial Act. These delays cannot be blamed on counsel's effectiveness either since defendant requested them himself. Affirmed.

Edit Delete 5th Circuit

SENTENCING

U.S. v. Oswalt, Nov-07-2014

J. Owen finds that the lower court properly sentenced defendant with additional supervised release after he revoked each of his three terms. Convicted on two counts of bank robbery and a single count of attempted bank robbery, the inmate served three concurrent terms of imprisonment of 63 months. However, upon his supervised release, the court revoked his release and sent him back to prison after he was found in possession of controlled substances and failed to attend drug counseling. Despite the inmate's argument that the new term of supervised release exceeds the maximum term allowed, the court was within its jurisdiction to impose the sentence. Affirmed.

Edit Delete 7th Circuit

CIVIL PROCEDURE, INTERNATIONAL LAW, CONTRACT

Pine Top Receivables of Illlinois v. Banco de Seguros de Estado, Nov-07-2014

[Consolidated.] Per curiam, the circuit finds that the lower court properly declined to compel arbitration or to strike defendant's answer to plaintiff's $2 million insurance contract suit against a company controlled and owned by Uruguay. Although Illinois law requires a party to post a pre-answer security, this cannot apply to a foreign public company under the Foreign Sovereign Immunities Act. Plaintiff forfeited arguments to the contrary, and the court's finding is supportable given the vagueness that would result otherwise. For example, declining to apply the Act to the insurance industry would return courts to the common law regime of sovereignty. Affirmed.

Edit Delete 7th Circuit

FRAUD, FIREARMS, PLEA

U.S. v. Bowling, Nov-07-2014

J. Manion finds that the lower court improperly convicted defendant of making false statements in connection with purchasing a firearm. He was previously charged with felony strangulation and battery and pleaded guilty to disorderly conduct. However, between the indictment and the plea, he attempted to purchase a firearm. He knew he was under a felony indictment at the time, but the plea offer may have led him to believe that the indictment had been dismissed. The court should have allowed him to present evidence and seek testimony on this possible reasonable mistake defense. Reversed.

Edit Delete 7th Circuit

ATTORNEY FEES, CIVIL RIGHTS, INDEMNIFICATION

Winston v. O'Brien, Nov-07-2014

[Consolidated.] J. Tinder finds that the lower court improperly held the city of Chicago responsible for attorney fees assessed against one of its police officers in a civil rights suit. Although plaintiff recovered only a dollar in compensatory damages, he was still entitled to seek over $360,000 in fees since he also received a sizeable punitive damages award. However, he sought indemnification under statutory law, which does not authorize it, so the collective bargaining agreement between the city and defendant is irrelevant. Reversed.

Edit Delete 9th Circuit

SENTENCING, FRAUD, CRIMINAL PROCEDURE

U.S. v. Brown, Nov-07-2014

J. Hurwitz finds that the district court improperly sentenced defendants for running a Ponzi scheme. The court incorrectly applied an enhancement "for endangering the solvency or financial security of 100 or more victims." The government failed to show evidence that the scheme affected that many victims. Reversed in part.

Edit Delete 9th Circuit

DRUG OFFENDER, IMMIGRATION, SENTENCING

U.S. v. Huitron-Rocha, Nov-07-2014

J. Graber finds that the district court properly sentenced defendant for reentry after removal. Defendant's conviction for possession and transportation of cocaine for sale in California qualified as a federal drug-trafficking offense. Affirmed.

Edit Delete 9th Circuit

DRUG OFFENDER, SENTENCING, IMMIGRATION

U.S. v. Torre-Jimenez, Nov-07-2014

J. Graber finds that the district court properly sentenced defendant for reentry after removal. Defendant's conviction in California for possession of cocaine for sale qualified as a federal drug-trafficking offense. Affirmed.

Edit Delete 9th Circuit

CLASS ACTIONS, BUSINESS PRACTICES, CIVIL PROCEDURE

People v. IntelliGender, Nov-07-2014

J. Wardlaw finds that the district court improperly allowed plaintiff to seek restitution from defendant for falsely advertising a gender-prediction test. The state was precluded from seeking restitution after it declined to participate in a related class-action settlement. Reversed in part.

Edit Delete 9th Circuit

CIVIL PROCEDURE, BUSINESS PRACTICES

Tamosaitis v. URS, Nov-07-2014

J. Berzon finds that the trial court improperly ruled for defendants in a whistleblower suit. Plaintiff has a right to a jury trial in the district court for his claims seeking money damages. Reversed in part.

Edit Delete 9th Circuit

BANKRUPTCY

In re: Cherrett v. , Nov-07-2014

J. Dunn finds that the bankruptcy court properly refused to dismiss debtor's chapter 7 case for abuse under 11 U.S.C. 707(b)(1). Debtor's debt, including a home loan, was primarily for business purposes and he provided ample evidence to prove it. The sole purpose debtor took a loan and purchased a home in Aspen, was for employment purposes. Affirmed.

Edit Delete Alabama Court of Civil Appeals

EMPLOYMENT, WORKERS COMPENSATION

Ex parte Dalton Logistics v. , Nov-07-2014

J. Pittman finds that an employer's petition for writ of mandamus should be granted in a workers' compensation case. The employee's injury occurred in North Dakota, so the lower court doesn't have subject matter jurisdiction.

Edit Delete Alabama Court of Civil Appeals

FAMILY LAW

Ex parte W.L.K. v. , Nov-07-2014

Per curiam, the court of civil appeals finds that a father's petition for writ of mandamus should be granted. The father never consented to the adoption of his child, making the lower court's temporary custody order void.

Edit Delete Alabama Court of Civil Appeals

FAMILY LAW, PROPERTY

Vardaman v. Vardaman, Nov-07-2014

J. Thomas finds that the lower court properly divided a couple's marital property. The husband argued that the division was inequitable, but the wife had separate property that she owned with her brother and uncle. Affirmed in part.

Edit Delete Alabama Court of Civil Appeals

FAMILY LAW, VENUE

Ex parte Hill v. , Nov-07-2014

Per curiam, the court of civil appeals finds that a husband's petition for writ of mandamus should be denied. The husband was seeking a change of venue for a divorce proceeding, but he failed to formally object to the venue when he appeared at a consolidation hearing.

Edit Delete Alabama Court of Civil Appeals

CONTRACT, BANKING/LENDING

P&N Kissimmee I v. Regions Bank, Nov-07-2014

J. Moore finds that the lower court improperly dismissed a company's lawsuit for breach of contract. An issue of fact exists as to whether a bank sold the company's loan to a third party without adhering to the terms of the loan agreement. Reversed.

Edit Delete Alabama Supreme Court

BANKRUPTCY, MEDICAL MALPRACTICE

Anderson v. Jackson Hospital & Clinic, Nov-07-2014

J. Stuart denies a writ of mandamus that was sought after the trial court removed Anderson as plaintiff in a medical malpractice case against defendant. Anderson's feet were amputated due to complications following heart surgery, but when she filed for bankruptcy, she did not include information regarding a possible malpractice lawsuit against the hospital. The trial court entered an order substituting Anderson with a trustee from the bankruptcy court, and defendant filed an order for summary judgment on the grounds of judicial estoppel. Anderson argued she should be a plaintiff in the action against the hospital. But the parties did not establish that the trial court "exceeded its discretion" in its decision.

Edit Delete Armed Services Board Of Contract Appeals

CONTRACT, GOVERNMENT

Environmental Safety Consultants v. U.S., Nov-07-2014

J. Freeman finds that Environmental Safety Consultants failed to timely submit price adjustments for decision to the contracting officer. Appellants are moving for reconsideration after having a claim for $897,000 in costs incurred that exceeded its contract price at termination dismissed because they were not submitted on time as specified in the Contract Disputes Act of 1978. Affirmed.

Edit Delete Armed Services Board Of Contract Appeals

GOVERNMENT, CONTRACT

Bulova Technologies Ordnance Systems v. U.S., Nov-07-2014

J. Thrasher finds that appellant Bulova Technologies Ordnance System's motion for reconsideration lacks a compelling reason and denies it. Plaintiff did not enter new evidence and its arguments had already been addressed.

Edit Delete Armed Services Board Of Contract Appeals

CONTRACT, GOVERNMENT

Vertex Construction & Engineering v. U.S., Nov-07-2014

J. Wilson finds that Vertex Construction & Engineering fraudulently submitted a master electrician certificate in order to secure a contract and grants the government's motion for summary judgment. The construction company argues that the government should have checked the certificate and disqualified appellant from consideration and blames the subcontractor. The law is clear that even if contractors try to shift responsibility for deficiencies not discovered when the government conducts a pre-award survey, the contractor's obligation to verify information submitted in its bid stays the same.

Edit Delete California Courts Of Appeal

SEARCH, EVIDENCE

Campuzano v. California, Nov-07-2014

J Kaneshiro finds that the lower court improperly refused to suppress items seized from appellant after he was stopped for riding his bicycle on a sidewalk. Appellant argues that it was erroneous to find that he was riding his bike in an area that does not allow bikes on the sidewalks due to its classification as a business district. Photographs of the area were entered into evidence that showed appellant was riding in front of a shop that was no longer in business. Therefore officers did not have a reasonable cause to detained him. Reversed.

Edit Delete DC Circuit

LABOR, CONSTITUTION

Mathew Enterprise v. National Labor Relations Board, Nov-07-2014

J. Kavanaugh finds that petitioner's challenge to respondent's order must be dismissed. Respondent's officers must be appointed by the president with the Senate's consent. President Obama appointed one such member during a 17-day Senate recess, and this period was not too short to allow the President to do this under the Recess Appointment Clause.

Edit Delete DC Circuit

ENVIRONMENT, CIVIL PROCEDURE

Alaska v. U.S. Department of Agriculture, Nov-07-2014

J. Kavanaugh finds that the lower court improperly dismissed Alaska's challenge to the "roadless rule," which prohibits road construction and timber harvesting on millions of acres of national forest. The Forest Service instituted the rule to balance between resource needs and conservation needs in 2001. Alaska's 2011 suit would thus fall outside the six-year statute of limitations, but in 2005, the service repealed the rule, and it was reinstated in 2006. This reset the limitations period, so the suit may be heard on the merits. Reversed.

Edit Delete Florida Courts Of Appeal

CRIMINAL PROCEDURE, SENTENCING

Martin v. State, Nov-07-2014

J. Lambert finds that the trial court properly denied defendant's request to correct his sentence. Defendant requested 306 days of jail credit after he was wrongfully released after finishing a federal sentence. However, defendant's motion is not a proper claim and does nothing to affect his 12-year sentence for conspiracy to traffic in cocaine. Defendant must try to achieve the jail credit through other proceedings, such as a writ of mandamus. Affirmed.

Edit Delete Florida Courts Of Appeal

INSURANCE, NEGLIGENCE

Wilshire Insurance Co. v. Poinciana Grocer, Nov-07-2014

J. Wallis finds that the trial court improperly ruled that the insurance company had a duty to defend appellee in a negligence case arising from a stabbing on its property. Appellee's insurance policy excludes assault and battery claims. Reversed.

Edit Delete Florida Courts Of Appeal

NEGLIGENCE, INDEMNIFICATION

Transportation Engineering v. Cruz, Nov-07-2014

J. Lawson finds that the trial court improperly ruled against appellant in a case involving the death of a passenger in a vehicle that struck a guardrail. Appellant has no liability because the accident occurred after the Florida Department of Transportation's approval of the design and construction of the guardrail. Reversed.

Edit Delete Florida Courts Of Appeal

DRUG OFFENDER

A.B. v. Florida, Nov-07-2014

J. Davis finds that the trial court should have dismissed the drug charge against defendant. Evidence did not support the claim that defendant delivered cocaine within 1000 feet of a church. The trial court must convict him of a lesser included offense of delivery of cocaine alone. Reversed.

Edit Delete Florida Courts Of Appeal

DUI, SENTENCING

State v. Henderson, Nov-07-2014

J. Cohen finds that the trial court improperly gave defendant a lighter sentence for a felony DUI charge. Although this charge is defendant's first felony charge, she has received three other DUI convictions within a two-year period. Since this last DUI is not an isolated incident - and she was not remorseful about the accompanying resisting an officer with violence charge - defendant is not eligible for a "downward departure sentence." Reversed.

Edit Delete Florida Courts Of Appeal

PROBATION, EVIDENCE

Pryor v. Florida, Nov-07-2014

J. Morris finds that the trial court improperly revoked defendant's probation for possession of cocaine. The trial court must strike defendant's violation of condition 43 from the order because plaintiff offered only hearsay evidence through the testimony of a probation officer to support the violation. However, the trial court could have revoked his probation based on two other violations. Affirmed in part.

Edit Delete Florida Courts Of Appeal

CIVIL PROCEDURE

Andrews v. Andrews, Nov-07-2014

J. Lambert finds that the trial court improperly denied appellant's petition to have his sister declared deceased after being missing for 38 years. Florida law creates "a presumption of death after the person has been absent for five years." Due to the length of time and circumstances surrounding the disappearance, appellant should at least receive a full hearing before his petition is denied. Reversed.

Edit Delete Florida Courts Of Appeal

CHILD ABUSE, JURY

Wunsch v. Florida, Nov-07-2014

J. Wallace finds that the trial court improperly convicted defendant of child neglect with great bodily harm. The court improperly instructed the jury it could convict her of child neglect based on an uncharged theory of guilt. Reversed.

Edit Delete Florida Courts Of Appeal

RESTRAINING ORDER, DOMESTIC VIOLENCE

Phillips v. Hughes, Nov-07-2014

J. Kelly finds that the trial court improperly entered an injunction of protection for domestic violence against defendant because plaintiff did not show she had a reasonable cause to believe she was in imminent danger. Reversed.

Edit Delete Florida Courts Of Appeal

ARBITRATION

Sovereign Health Care of Tampa v. The Estate of Yarawsky, Nov-07-2014

J. Morris finds that the trial court properly rescinded an arbitration order. Defendant did not expressly agree to be bound by the arbitration clause. Affirmed.

Edit Delete Florida Courts Of Appeal

THEFT, RESTITUTION

Schenk v. State, Nov-07-2014

J. Lambert finds that the trial court properly calculated the amount of restitution defendant owes as part of a grand theft sentence for stealing jewelry from his mother. Although the value of the jewelry was based on the victim's hearsay testimony, defendant did not object to it at the time. Affirmed in part.

Edit Delete Florida Courts Of Appeal

SENTENCING, JURISDICTION, SENTENCING

Padilla-Padial v. State, Nov-07-2014

J. Orfinger finds that the trial court improperly denied defendant's request for jail credit. Defendant's request was filed during an appeal of his conviction and sentence, so the trial court lacked jurisdiction. In addition, defendant filed the motion pro se while he still had counsel, which should have nullified the request. Reversed.

Edit Delete Florida Courts Of Appeal

SENTENCING

Florida v. Montgomery, Nov-07-2014

J. Kelly finds that the trial court improperly sentenced defendant after his plea of aggravated battery. No evidence was presented of the victim's need for restitution to support a downward departure from the recommended guidelines range. Reversed.

Edit Delete Florida Courts Of Appeal

PLEA, SENTENCING, CRIMINAL PROCEDURE

Howard v. Florida, Nov-07-2014

J. Northcutt finds that the trial court improperly denied a rule as successive. The bar against successive motions only applies when the grounds raised in an earlier motion were denied on the merits. Defendant must be allowed to withdraw his plea on the charge of burglary of an unoccupied structure if the state does not agree to a resentencing without the PRR enhancement. Affirmed in part.

Edit Delete Florida Courts Of Appeal

CIVIL PROCEDURE

Bennett v. Clerk of Circuit Court Citrus County, Nov-07-2014

Per curiam, the court of appeals finds that petitioner is not entitled to free copies from the Clerk of Court concerning his case. Florida law entitles petitioner to copies of his proceedings, but not necessarily for free. In addition, petitioner's writ of mandamus must be filed with the lower court first.

Edit Delete Florida Courts Of Appeal

ARBITRATION, CONTRACT

Greenbrook NH v. Raymond, Nov-07-2014

J. LaRose finds that the trial court improperly denied defendant's motion to dismiss and compel arbitration. Plaintiff may have signed an obscured version of a nursing home contract that included an arbitration agreement. Plaintiff either signed it without review or did not demand an unobscured contract. Reversed.

Edit Delete Florida Courts Of Appeal

FAMILY LAW, EVIDENCE

Terkeurst v. Terkeurst, Nov-07-2014

J. Wallis finds that the trial court improperly calculated child support for the husband. The child support was based on the wife having full custody of the couple's two children; however, one of the children resides primarily with the husband. Reversed.

Edit Delete Florida Courts Of Appeal

DOMESTIC VIOLENCE, RESTRAINING ORDER

Phillips v. Phillips, Nov-07-2014

J. Kelly finds that the trial court improperly entered an injunction for protection of domestic violence. Plaintiff failed to establish she had reasonable cause to believe she was in imminent danger. Reversed.

Edit Delete Florida Courts Of Appeal

RESTITUTION, CRIMINAL PROCEDURE

CW v. Florida, Nov-07-2014

J. Crenshaw finds that the trial court improperly ordered defendant to pay restitution for a grand theft offense. A restitution hearing cannot be held when the defendant is not present. Reversed.

Edit Delete Florida Courts Of Appeal

ATTORNEY FEES

Scherer Construction & Engineering of Central Florida v. The Scott Partnership Architecture, Nov-07-2014

Per curiam, the court of appeals finds that the trial court improperly awarded attorney fees to appellee. Since appellant voluntarily dismissed one of the two counts against appellee, Florida law does not allow recovery of that portion of attorney fees. Affirmed in part.

Edit Delete Georgia Court Of Appeals

ARBITRATION, WRONGFUL DEATH

McKean v. GGNSC Atlanta, Nov-07-2014

J. Branch finds that the trial court incorrectly ruled that a son's wrongful death claims against his late mother's nursing home are subject to arbitration. The son had no authority to sign an arbitration agreement on his mother's behalf at the time of her admission to the nursing home even though he later became her authorized agent for signing legal documents. The mother did not ratify the son's signing of the agreement on her behalf by granting him the subsequent power of attorney because she had no knowledge that the son had entered the agreement. Reversed.

Edit Delete Georgia Court Of Appeals

MALICIOUS PROSECUTION, DAMAGES, EVIDENCE

Rivers v. K-Mart Corp., Nov-07-2014

J. Doyle finds that the trial court properly admitted evidence concerning plaintiff's criminal history in his malicious prosecution lawsuit against K-Mart Corp. Plaintiff's previous arrests and incarceration may help the jury decide whether he suffered emotional distress as a result of his arrest and incarceration after being accused of shoplifting at K-Mart. Since the evidence will only be admitted during the damages portion of the trial, it cannot influence the jury's decision regarding K-Mart's alleged liability to plaintiff. Affirmed.

Edit Delete Georgia Court Of Appeals

FAMILY LAW, CONTEMPT

Norman v. Norman, Nov-07-2014

J. Dillard finds that the trial court correctly ruled that an ex-wife should be held in contempt for violating a valid clause of her divorce settlement. The "overnight-guest provision" in the divorce agreement, which prohibits the ex-spouses from having opposite-sex adult guests overnight in their homes while having physical custody of their minor children, is not overly broad because it does not single out a particular individual, nor apply to relatives. Moreover, the ex-wife agreed to the provision at the time of the divorce to protect the best interests of her children. Affirmed.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64