In an action by an insurer seeking a declaration that defendant-excess insurer was required to reimburse plaintiff for part of a settlement of a personal injury action, summary judgment for defendant is reversed where the district court erred in deciding that the underlying state-court judgment established legal liability against the insured and thus precluded recovery [...]
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 the defendants is vacated and remanded where: 1) district court’s denial of motion to remand is affirmed [...]
On the theory that knowledge is power, more information usually better than less. In that vein, new regulations passed by the FTC and The Federal Reserve Board will require banks to give consumers more information regarding why they are receiving less than favorable terms on their loans. The new banking regulations will apply to all types [...]
In a marijuana possession prosecution, grant of defendant’s motion to suppress is reversed where Neb. Rev. Stat. section 60-6.161(2) required defendant to have signaled her turn 100 feet in advance, and thus an officer had probable cause to stop her vehicle for the traffic violation he observed. Read US v. Adler, No. 09-1775 Appellate Information [...]
Petition for a writ of mandamus by the government to direct the Court of Federal Claims to vacate its orders requiring the US to produce documents that it asserts are protected by the attorney-client privilege is denied as the US cannot deny an Indian tribe’s request to discover communications between the US and its attorneys [...]
In plaintiff’s suit against the Secretary of Army claiming sex discrimination after the Army granted a promotion to a male colleague instead of plaintiff, United States Court of Federal Claims’ dismissal of her suit is affirmed as 28 U.S.C. section 1500 applies and divests the Court of Federal Claims of jurisdiction over her Equal Pay [...]
In a patent infringement suit involving claims for an improved spring-loaded parallelogram stilt of the type commonly used in construction, district court’s judgment is affirmed in part, vacated in part, and remanded where: 1) the district court did not clearly err in finding that plaintiff had the requisite knowledge to falsely mark as of a [...]
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, district court’s grant of summary judgment in favor of defendant-bank is affirmed as, a showing of detrimental reliance is required to recover actual damages for a TILA disclosure violation, and [...]
Judgment of the bankruptcy court and the district court that subject matter jurisdiction does not exist to expand the section 105(a) injunction to include the Montana actions, in a case involving asbestos litigation against a mining company who had sought Chapter 11 protection and against the State of Montana is affirmed as, federal bankruptcy court [...]
In an action brought by plaintiff-longshoreman against defendant-employer, decision of the Department of Labor’s Benefits Review Board (BRB) is affirmed in part, vacated in part, and remanded where: 1) the evidence relied upon by the ALJ is, for the purpose of rebutting an allegation of an aggravation of a prior injury, no evidence at all; [...]