DRUGS: Probable cause to search out-of-gas pickup driven by Mexican who had been in US since 7 months old but had no ID, no basis for profiling claim… suppression of drugs found in pickup properly denied… Swingley/McMahon affirmed (IOR I-3(c)). [Read more…]
Archives for 2019
Assault with weapon, justifiable force, “forcible felony”
ASSAULT WITH WEAPON: Jury properly instructed on justifiable force without including “forcible felony”… conviction affirmed… Salvagni affirmed (IOR I-3(c)). [Read more…]
Arbitration, nonsignatories to agreement
ARBITRATION: Nonsignatories to agreement not bound to arbitrate FLSA claims under equitable principles… Cavan affirmed (memorandum). [Read more…]
Environment, preliminary injunction jurisdiction
ENVIRONMENT: Preliminary injunction properly dismissed for lack of jurisdiction… Christensen affirmed (memorandum). [Read more…]
Harboring fugitive, warrantless searches (rehearing)
HARBORING FUGITIVE: Challenge to warrantless searches of home where fugitive was found in crawlspace improperly rejected, consent not shown in light of threat to kick door in with drawn weapons and failure to inform Defendant that she could refuse consent… evidence obtained during both searches suppressed under exclusionary rule… new ruling on rehearing of prior affirmance… Morris reversed (memorandum). [Read more…]
Sex offender registration, expired sentence
SEX OFFENDER REGISTRATION: Child porn Defendant who completed federal sentence after obtaining reduction for “clean record” no longer required to register under federal law, but termination of State registration requires separate petition… Molloy. [Read more…]
Settlements
Plan I
Mandi Andersch, low back, 11/13, $75,000, medical closed, Tom Murphy [Read more…]
Disability discrimination, surgery schedule dishonesty
DISABILITY DISCRIMINATION: Clinic justified in firing RN for lying about disseminating confidential surgery schedule which she had taken to bolster claim of being overworked as retaliation for a previous HR complaint, regardless of whether prior discipline and investigative interactions or removal of the schedule were protected activities… no abuse of discretion in not compelling discovery of 600 emails even if not privileged… $9,370.59 costs properly awarded over Plaintiff’s argument that it could dissuade others from meritorious HR suits… Spear/HRC/Jones affirmed. [Read more…]
Jury, alternate seated out of order
JURY: Seating alternate out of order was harmless error, new PFMA trial properly denied… Knisely affirmed. [Read more…]
Counsel substitution, indigent, aggravated assault
COUNSEL SUBSTITUTION properly denied for indigent whose complaints were not seemingly substantial to justify a hearing… aggravated assault conviction affirmed… Todd affirmed. [Read more…]
- « Previous Page
- 1
- …
- 37
- 38
- 39
- 40
- 41
- …
- 45
- Next Page »