(Fla., Civil Procedure, Injury And Tort Law, Professional Malpractice) In plaintiff’s medical malpractice suit against a plastic surgeon for negligence in connection with a procedure of breast reconstruction, the decision of the second district court of appeal reversing a judgment in favor of plaintiff is quashed and remanded as the court erred in reversing for [...]
The Ninth Circuit decided two criminal cases, one involving the collection of a judgment debt, and another concerning the Family and Medical Leave Act (FMLA). Office Depot Inc. v. Zuccarini, No. 07-16788, involved a judgment debtor’s appeal from the district court’s order appointing a receiver to take control of and auction off some of debtor’s [...]
In US v. Littlewind, No. 08-4000, the defendant was convicted of assault with a dangerous weapon, assault resulting in serious bodily injury, and discharge of a firearm during a crime of violence. As the court of appeals wrote: “The evidence at trial, taken in the light most favorable to the verdict, showed the following facts. [...]
The Seventh Circuit decided two criminal matters and one case involving denial of disability benefits. In US v. Phillips, No. 09-1262, the court faced a challenge to a conviction for Medicare fraud. Defendant claimed that the district court erred by admitting a redacted recording of her conversation with undercover investigators after the government did not [...]
(U.S. 9th Cir., Criminal Law & Procedure, Tax Law) In defendants’ appeal from the district court’s order enforcing IRS summonses requiring production of documents, including those relating to offshore accounts, and finding defendants in contempt, the orders are affirmed in part where: 1) a taxpayer cannot refuse to produce a privilege log or documents for [...]
(U.S. 9th Cir., Criminal Law & Procedure, Tax Law) In defendants’ appeal from the district court’s order enforcing IRS summonses requiring production of documents, including those relating to offshore accounts, and finding defendants in contempt, the orders are affirmed in part where: 1) a taxpayer cannot refuse to produce a privilege log or documents for [...]
(U.S. Fed. Cir., Consumer Products, Cyberspace Law, Intellectual Property, Patent) In plaintiff’s action for patent infringement for patents relating to software for displaying the market for a commodity traded in an electronic exchange, judgment of district court is affirmed where: 1) defendant’s infringed the asserted claims of one patent with one accused service product, but [...]
(U.S. 7th Cir., Civil Rights, Criminal Law & Procedure, Injury And Tort Law) In plaintiff’s 42 U.S.C. section 1983 suit against several jail officials for their alleged deliberate indifference to her inmate-son’s suicide risk, the district court’s grant of summary judgment in favor of the defendants is affirmed as the evidence produced was not enough [...]
(U.S. 11th Cir., Civil Procedure, Constitutional Law, Health Law, Injury And Tort Law, Professional Malpractice) In a medical malpractice action, the denial of partial summary judgment for defendant is reversed where the district court, in striking down, under the Equal Protection Clause, a state statute that did not exempt the “legally incompetent” from the general [...]
(U.S. 2d Cir., Administrative Law, Immigration Law) In a petition for review of the BIA’s order denying petitioner’s application for deferral of removal under the Convention Against Torture, the petition is granted where: 1) the BIA’s “weight of the evidence” review of the Immigration Judge’s findings did not conform to the dictates of 8 C.F.R. [...]