AMICUS brief denied as untimely, unnecessary… order.
Electronic Privacy Information Center requests leave to file an amicus brief in support of Plaintiffs/Appellants. The motion was filed 8/17/09 and is opposed [Read more…]
Archives for 2009
Marital, property, fees, maintenance
MARITAL: Development property properly found to be all marital asset rather than partly partnership asset between husband and father… fee award affirmed due to lack of transcript… property equalization cash, property that was readily convertible to cash, not income-producing for maintenance purposes… Curtis affirmed. [Read more…]
Restitution, funeral expenses, tampering
RESTITUTION: Funeral expenses paid by VOCAP properly ordered reimbursed by Defendant convicted of tampering with evidence to hide running over primary victim… Christopher affirmed. [Read more…]
DUI, 4th-offense predicates, equal protection
DUI: “DUI (3rd)” amended to “DUI (2nd)” properly counted as 3rd DUI for 4th-offense purposes… felony statute, progressive DUI penalties not violative of equal protection… Deschamps affirmed. [Read more…]
Sentencing, retroactive juvenile sex registration
SENTENCING: Retroactive application of SORNA juvenile registration/reporting requirement via AG rule violates ex post facto (first impression in Circuits)… registration requirement vacated… Haddon reversed. [Read more…]
Sentencing, supervised release revocation
SENTENCING: 2003 amendment as to prison and supervised release that can be imposed following revocation of supervised release construed on first impression in 9th Circuit… 24 months imprisonment properly imposed upon 3rd revocation of firearms defendant’s supervised release, [Read more…]
Mediation timing
Dismissal without prejudice for Petitioner’s failure to complete mediation by notifying mediator whether recommendation accepted before filing petition, even though mediator notified 2 months later… Shea. [Read more…]
Settlements
Plan I
Diane Iverson, multiple, 2/07, $40,563, Richard Martin
Julianna Ackerman, shoulder(s), 10/07, $6,000, Stacy Tempel-St. John [Read more…]
Obesity discrimination, $368,240, RR applicant
DISABILITY DISCRIMINATION: $368,240 ($148,472 plus employment/offer or additional $241,128) for rejection of RR track laborer applicant for perceived disability (obesity) without IIA… Terry Spear. [Read more…]
Age discrimination, inadmissible FIR sanction
AGE DISCRIMINATION: No direct evidence of discrimination against fired salesman, “motivating factor” instruction properly rejected… patently inadmissible no-cause FIR improperly admitted as “sanction” for failure to object in limine as ordered (first impression)… defense verdict reversed, remanded for new trial… Harkin affirmed, reversed. [Read more…]
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