Archive for the 'Circuit Court of Appeals' Category

Common Law Trade Dress Suit Re French-Press Coffee Maker, Plus, Labor Law, Criminal & Civil Rights Matters

Weber v.Universities Research Ass’n, Inc., 08-1957, concerned a challenge to the district court’s grant of summary judgment in favor of the defendant, in plaintiff’s suit against her former employer for sex discrimination and retaliation in violation of Title VII.  In affirming, the court held that plaintiff has waived her discrimination and retaliation arguments under the [...]

Catholic Student Group’s Civil Rights Suit Againt University, Plus Criminal & Immigration Matters

US v. Lupton, 09-2710, concerned a challenge to a conviction of defendant for corrupt solicitation, wire fraud, and making false statements to government officials for seeking kickbacks in connection with a sale and leaseback of a government owned building.  In affirming, the court held that the district court did not abuse its discretion in excluding [...]

Decisions In Criminal Law Matters

US v. Gentles, 09-1431, concerned a challenge to a conviction of defendant for distributing crack cocaine and a sentence of 64-months’ imprisonment, followed by four years’ supervised release, with a special condition of substance abuse treatment counseling.  In affirming, the court held that the district court did not abuse its discretion in denying defendant’s motion for [...]

Decisions In Criminal Law Matters

US v. Gentles, 09-1431, concerned a challenge to a conviction of defendant for distributing crack cocaine and a sentence of 64-months’ imprisonment, followed by four years’ supervised release, with a special condition of substance abuse treatment counseling.  In affirming, the court held that the district court did not abuse its discretion in denying defendant’s motion for [...]

Decisions In Criminal Law Matters

US v. Gentles, 09-1431, concerned a challenge to a conviction of defendant for distributing crack cocaine and a sentence of 64-months’ imprisonment, followed by four years’ supervised release, with a special condition of substance abuse treatment counseling.  In affirming, the court held that the district court did not abuse its discretion in denying defendant’s motion for [...]

US v. Nguyen, 09-2410

US v. Nguyen, 09-2410, concerned an appeal of the district court’s imposition of an 83-month sentence, followed by four years of supervised release, requiring defendant to submit to a drug test within fifteen days of her release from confinement and periodic drug tests thereafter during the supervised release term, following defendant’s conviction for possession with [...]

Branham v. Gannett Satellite Info. Network, Inc., 09-6149

Branham v. Gannett Satellite Info. Network, Inc., 09-6149, concerned a challenge to the district court’s grant of summary judgment in favor of the employer, in plaintiff’s suit under the Family Medical Leave Act (FMLA) against her former employer for being terminated from her job as a receptionist.  In reversing, the court remanded the matter in [...]

Voters’ Civil Rights Suit Against County Elections Board, Plus Government Contract, Immigration & Criminal Law Matters

Warf v. Bd of Elections of Green County, 09-5265, involved plaintiffs’ 42 U.S.C. section 1983 action claiming unconstitutional disenfranchisement against a county elections board and individuals, alleging that their voting rights under the Fourteenth Amendment were violated by a Kentucky state trial court judgment that declared void all 542 votes cast by absentee ballot in [...]

Employee’s FLSA Suit Against Kellogg, Plus Criminal Matters

Franklin v. Kellogg Co., 09-5880, involved a plaintiff’s suit against Kellogg Company on behalf of herself and all similarly situated employees to recover wages under the Fair Labor Standards Act (FLSA) for time spent donning and doffing Kellogg’s mandatory food safety uniforms and protective equipment, and for time spent walking to and from the changing area [...]

Criminal Matters Involving Large-Scale Methamphetamine Distribution Ring & Conviction for Violating FICA

US v.Wettstain, 08-5707, concerned a challenge to defendants’ convictions for their involvement in a large-scale methamphetamine drug distribution ring and sentences of life imprisonment.  The court affirmed for the most part, but vacated and remanded for resentencing a defendant’s life sentence on Counts II and IV and co-defendant’s life sentences on Counts III and IV.
 
In affirming the [...]