(Cal. App., Civil Procedure, Injury And Tort Law, Intellectual Property, Patent, Professional Malpractice, Remedies) In plaintiff’s legal malpractice action involving a patent prosecution for an electronic billboard, dismissal of the case following sustaining of a demurrer in favor of the defendants is affirmed as the trial court correctly ruled that this action should be adjudicated [...]
(U.S. 7th Cir., Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Education Law, Ethics & Professional Responsibility, Evidence, Government Law, Injury And Tort Law) In a law firm’s appeal from the district court’s order requiring it to produce documents it created in an internal investigation of a school district, the order is reversed [...]
(U.S. 6th Cir., Attorney’s Fees, Government Law, Injury And Tort Law, Remedies) In an action brought against the government arising from injuries sustained by plaintiff when she was struck by a USPS postal truck, a district court’s ruling that pursuant to the Federal Tort Claims Act, Michigan state law (in this case the Michigan No-Fault [...]
(U.S. 5th Cir., Evidence, Injury And Tort Law, Probate, Trusts & Estates, Remedies) In an action for wrongful death against plaintiffs’ decedent’s caretaker, judgment for plaintiffs is affirmed in part where: 1) the court rejected defendant’s contention that the foundation of plaintiff’s expert’s opinion was so flawed or unreliable that it constituted no evidence at [...]
(U.S. 11th Cir., Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law, Injury And Tort Law) In a 42 U.S.C. section 1983 action claiming that two deputies at a county jail were deliberately indifferent to the serious medical need of plaintiff, a pregnant detainee who had used crack cocaine daily, a denial of summary [...]
(U.S.S.C., Civil Procedure, Class Actions, Insurance Law, Remedies) In a class action seeking to recover interest due under New York law on plaintiff’s insurance claim, the Second Circuit’s order affirming the district court’s dismissal of the action for lack of jurisdiction based on a New York law precluding class actions to recover a “penalty” such [...]
(U.S. 11th Cir., Civil Procedure, Class Actions, Government Benefits, Health Law, Insurance Law, Military Law) In a class action by hospitals claiming that defendant-HMO systematically underpaid them for medical services they rendered to veterans under a federal program, and thereby breached their individual network provider agreements, the district court’s order certifying a class is reversed [...]
(U.S.S.C., Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus, Immigration Law) In postconviction proceedings arising from a drug distribution prosecution, after which petitioner faced deportation based on his guilty plea and claimed that his counsel failed to advise him of the consequences of the plea, denial of postconviction relief is reversed and remanded [...]
(U.S. 8th Cir., Administrative Law, Immigration Law) In a petition for review of the denial of petitioner’s asylum application, the petition is denied where: 1) the immigration judge’s adverse credibility finding, supported by specific and cogent reasons for disbelief, detailed the discredited information, undermined allegations of past persecution, and provided a proper basis for denying [...]
(U.S. 6th Cir., Evidence, Immigration Law) Mexican family’s petition for review of a BIA decision denying withholding of removal is denied where the BIA permissibly determined that petitioner-husband did not suffer mistreatment on account of his political opinions (petitioner was a former Green Party candidate for a seat in Mexico’s Congress).