(U.S. 3d Cir., Banking Law, Civil Procedure, Class Actions, Consumer Protection Law, Contracts, Injury And Tort Law) In a putative class action against a bank claiming violation of the Truth in Lending Act (TILA) disclosure requirements involving loans to finance motor vehicles, summary judgment in favor of defendant-bank is affirmed as a showing of detrimental [...]
(U.S. 3d Cir., Bankruptcy Law, Civil Procedure, Environmental Law, Injury And Tort Law) In proceedings involving asbestos litigation against mining company W.R. Grace, who had sought Chapter 11 protection, and against the State of Montana, judgment of the bankruptcy court and the district court that subject matter jurisdiction does not exist to expand a preliminary [...]
(U.S. 1st Cir., Civil Procedure, Evidence, Injury And Tort Law, Manufacturing, Product Liability, Retail, Sanctions) In plaintiff’s products liability action against manufacturers and retailers of a power saw that severed his three fingers when his hand came into contact with the saw’s unguarded blade, district court’s grant of summary judgment in favor of defendants is [...]
(Cal. App., Civil Procedure, Consumer Protection Law, Government Law, Insurance Law) In plaintiff-Association of California Insurance Companies’ lawsuit disputing the validity of the 2006 amendments to regulations permitting consumer interest interveners to obtain compensation for participation in the administrative rate-setting process where an order or decision is issued by the Commissioner on an insurer’s rate-setting [...]
District court’s denial of a 28 U.S.C. section 2255 motion to vacate a sentence for possession of machine guns and unregistered firearms by defendant, a volunteer with the Tennessee State Guard who had built nine machine guns in response to the events of September 11, is affirmed as the Second Amendment does not confer an [...]
The Food and Drug Administration (FDA) recently investigated the possibility of CT Radiation overdose and discovered that radiation overdose is more common than it expected to find. As a result of these findings, the FDA has released a press release with instructions on how to prevent CT radiation overdose. The press release by the FDA reveals that [...]
In a petition for review of the BIA’s denial of petitioner’s application for cancellation of removal, the petition is denied where state felon in-possession offenses, such as Texas Penal Code section 46.04(a), need not have an interstate commerce element in order for the offense to be an offense “described in” 18 U.S.C. section 922(g)(1). Read [...]
In a 42 U.S.C. section 1983 action based on defendant-officer’s use of a taser on plaintiff at a traffic stop, denial of summary judgment based on qualified immunity is affirmed where, viewing the circumstances in the light most favorable to plaintiff, defendant’s use of the taser was unconstitutionally excessive and a violation of plaintiff’s clearly [...]
Defendant’s drug distribution sentence following a guilty plea is affirmed where: 1) the agreement and the plea colloquy put the defendant on notice that the Pimentel drug quantity estimate was not binding on the prosecutor and that if the estimate was wrong, the plea could not be withdrawn; and 2) there was no authority that [...]
In a Freedom of Information Act (FOIA) action filed by attorneys for Guantanamo Bay detainees seeking information regarding whether the government intercepted plaintiffs’ communications relating to the representation of their detainee clients, an order upholding the National Security Agency’s (NSA) and Department of Justice’s responses neither confirming nor denying the existence of such records is [...]