US v. Street, 08-6242, concerned a challenge to the district court’s affirmance of the magistrate judge’s denial of defendant’s motion to suppress in a prosecution for conspiring to possess and distribute methamphetamine and related crimes. In affirming the conviction, the court held that the police did not violate the Fourth Amendment during the search and [...]
US v. Horn, 09-5090, concerned proceedings arising from defendant’s motion for resentencing based on Guidelines Amendment 709, arguing that he was not a career offender under the amendment because his two prior robbery convictions would no longer count as separate offenses. In reversing the district court’s grant of the motion, the court held that the district court [...]
Spengler v. Worthington Cylinder, 08-3110, concerned a challenge to the district court’s denial of defendant’s Rule 50(b) motion and jury verdict in favor of the plaintiff, in plaintiff’s age discrimination suit against his former employer under the Age Discrimination in Employment Act and Ohio’s anti-discrimination statute. In afirming, the court held that the district court did not [...]
US v. Faulkenberry, 08-4233, concerned a challenge to a conviction of defendant for securities fraud, wire fraud, money laundering, and conspiracies to commit these crimes. In affirming in part, the court held that sufficient proof supported defendant’s wire fraud, securities fraud, and conspiracy to commit wire and securities fraud convictions. However, the court reversed the judgment with [...]
Baby Buddies, Inc. v. Toys “R” Us, Inc., No. 08-17021, involved an action alleging that Toys R Us’s pacifier holder infringed plaintiff’s copyright in its own similar pacifier holder. The court of appeals affirmed summary judgment for defendant on the grounds that 1) the parties created distinctly different designs from an aesthetic perspective; and 2) [...]
Estate of Ahuva Amergi v. Palestinian Auth., No. 09-13618, concerned an action arising from the murder of Ahuva Amergi, an Israeli citizen who was shot and killed as she drove her car in the Gaza Strip in February of 2002, allegedly by agents of the Palestinian Authority. The Eleventh Circuit affirmed the dismissal of the [...]
Vidiksis v. EPA, No. 09-12544, involved an action by the EPA against defendant-property owner and lessor alleging violations of the Toxic Substances Control Act. The court of appeals affirmed judgment for the EPA, on the grounds that 1) the Lead Hazard Act contained specific language to be provided in sales transactions, and the EPA had [...]
Cappuccitti v. DirecTV, Inc., No. 09-14107, involved an action against DirecTV, Inc., seeking the recovery, on behalf of plaintiffs and similarly situated DirecTV subscribers in Georgia, of the fees DirecTV charged its subscribers for canceling their subscriptions prior to the subscriptions’ expiration. The court of appeals vacated the district court’s partial dismissal of the complaint [...]
In US v. McCann, No. 09-30550, the court of appeals affirmed defendant’s conviction for being a felon in possession of a firearm, on the grounds that 1) the factual contents of the prosecutor’s closing comments were limited to evidence that was in the record; 2) defendant’s substantial rights were not prejudiced by an improper prosecutorial [...]
US v. Faulkenberry, 08-4233, concerned a challenge to a conviction of defendant for securities fraud, wire fraud, money laundering, and conspiracies to commit these crimes. In affirming in part, the court held that sufficient proof supported defendant’s wire fraud, securities fraud, and conspiracy to commit wire and securities fraud convictions. However, the court reversed the judgment with [...]