In plaintiff’s suit against a driver of a tractor-trailer and the driver’s employer arising from a traffic accident, summary judgment in favor of the driver’s employer on a negligent-supervision-and-retention claim and jury’s finding in favor of the driver on the underlying negligence claim is affirmed where: 1) although the district court abused its discretion in [...]
Defendant’s carjacking and firearm possession sentence is affirmed where: 1) the district court gave adequate consideration to the allegedly mitigating facets of defendant’s personal history and characteristics; and 2) the district court’s statements did not warrant a conclusion that the court was dissatisfied with defendant’s Guidelines range or that it was the basis for his [...]
In an Age Discrimination in Employment Act (ADEA) action claiming that defendant demoted plaintiff because of his age, judgment for plaintiff is reversed where the burden of persuasion should not have been shifted to the defendant in this ADEA case considering that plaintiff never set forth any direct evidence of age discrimination, and the jury [...]
In a suit by a contractor against a defaulting subcontractor and two sureties on the subcontractor’s performance bond, summary judgment for sureties is affirmed where, under the agreement, even after declaring a default, plaintiff could have proceeded to remedy the default on its own only after it gave “reasonable notice” to defendants-sureties that it intended [...]
In plaintiff’s suit against a driver of a tractor-trailer and the driver’s employer arising from a traffic accident, summary judgment in favor of the driver’s employer on a negligent-supervision-and-retention claim and jury’s finding in favor of the driver on the underlying negligence claim is affirmed where: 1) although the district court abused its discretion in [...]
Dismissal of an attorney’s 42 U.S.C. section 1983 suit against four New Jersey Superior Court judges, the New Jersey Advisory Committee on Judicial Conduct (ACJC), and its director and counsel is affirmed where: 1) the criminal allegations against the judges are related to actions they took as judges and plaintiff has not set forth any [...]
In a husband’s petition for wrongful removal under the International Child Abduction Remedies Act, 42 U.S.C. section 11601 against his wife for taking their four children from Australia to the US after their failed marriage reconciliation attempt, district court’s order denying his petition is affirmed as: 1) district court properly determined that the husband failed [...]
In a husband’s petition for wrongful removal under the International Child Abduction Remedies Act, 42 U.S.C. section 11601 against his wife for taking their four children from Australia to the US after their failed marriage reconciliation attempt, district court’s order denying his petition is affirmed as: 1) district court properly determined that the husband failed [...]
The State of Ohio is in turmoil over motor vehicle registration laws. A recent crack-down by the state Bureau of Motor Vehicles (BMV) has resulted in a suit by the League of United Latin American Citizens, who claim the BMV’s sudden move to require proof of identity to register a vehicle amounts to enforcement of the immigration laws by the [...]
In an ERISA action claiming that defendant benefit plan administrator (Wal-Mart) failed adequately to evaluate the investment options included in the plan, dismissal of the complaint is reversed where: 1) the district court erred by conflating the issue of plaintiff’s Article III standing with his potential personal causes of action under ERISA; and 2) the [...]