In US v. Hughes, No. 08-6008, the Sixth Circuit faced a challenge to the district court’s grant of defendant’s motion to suppress evidence found in his car in a prosecution for being a felon in possession of a firearm. As stated in the decision: “In order for traffic stop to be permissible under the Fourth Amendment, [...]
Kovacic v. Cuyahoga County Dep’t of Children & Family Serv., No. 08-4656, concerned a suit brought by plaintiff-mother on behalf of herself and her minor children claiming that her constitutional rights were violated when social workers, aided by police officers, entered her home by force and removed her children. In affirming the judgment of the district [...]
In Gagne v. Booker, 07-1970, the Sixth Circuit faced a challenge to the district court’s grant of defendant’s petition for a writ of habeas corpus in a conviction for criminal sexual misconduct on the ground that trial court’s exclusion of certain evidence of victim’s past sexual conduct violated defendant’s due process rights to present a meaningful defense. [...]
A Los Angeles judge has consolidated more than 40 California Toyota lawsuits filed against the automaker over cars that have sped out of control leading to the massive recall of more than 8.5 million Toyota vehicles across the globe. Dozens of Toyota claims were quickly filed, and many of the attorneys involved wished to avoid consolidating them. The judge held [...]
If there is one place you would hope to keep a convicted sex offender away from, it would probably be a school with teenagers. But according to claims, a Rancho Cucamonga construction company, Ledesma & Meyer, sent a convicted sex offender to supervise a San Bernardino middle school construction project. School officials allegedly failed to investigate the supervisor, and a [...]
Contract, Education and Employment Matters Also Decided Gagnon v. United Technisource Inc., No. 09-20098, was an action under the Fair Labor Standards Act (FLSA) based on defendants’ failure to increase plaintiff’s “per diem” hourly rate. The court of appeals affirmed judgment for plaintiff in part, holding that 1) when, as here, the amount of per [...]
(U.S. D.C. Cir., Civil Procedure, Government Law, Injury And Tort Law, Labor & Employment Law, Military Law) In an action claiming that the U.S. military abducted plaintiff into slavery and forced him to serve on the front lines in Iraq, dismissal of the complaint is affirmed in part where the Virginia statute of limitations barred [...]
(U.S. 5th Cir., Contracts, Corp. Governance, Corporation & Enterprise Law, Injury And Tort Law) In an action against the individual owner of a corporation seeking to pierce the corporate veil based on common law fraud and fraudulent inducement, dismissal of the complaint is affirmed where: 1) plaintiff did not plead that defendant presented any detailed, [...]
(U.S. 11th Cir., Contracts, Injury And Tort Law, Insurance Law, Property Law & Real Estate, Remedies, Services) In an action for breach of contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida, the Eleventh Circuit affirmed in part summary judgment for defendant, holding that plaintiff [...]
(U.S. 11th Cir., Contracts, Injury And Tort Law, Insurance Law, Property Law & Real Estate, Remedies, Services) In an action for breach of contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida, the Eleventh Circuit affirmed in part summary judgment for defendant, holding that plaintiff [...]