Legal Book » circuit-court

Courthouse Supervisor Faces Individual Liability Under FMLA

admin — Wed, 08 Feb 2012 21:51:49 +0000

In a case of first impression, the 3rd U.S. Circuit Court of Appeals has ruled that a court system supervisor may be liable as an individual under the federal law that allows employees to take 12 weeks of job-protected leave for medical reasons. The issue has split the circuit courts.

Prop 8 Merits Ruling Will Be Issued Tuesday

Master — Tue, 07 Feb 2012 06:16:16 +0000

The 9th U.S.

No SOX protection for whistleblowers working for contractors of public companies

admin — Tue, 07 Feb 2012 06:16:12 +0000

Employees of privately held contractors or subcontractors of public companies are not eligible for whistleblower protection under the Sarbanes-Oxley Act of 2002, a split panel of the 1st U.S.

Divided Circuit Upholds Sentencing Enhancements in Sex Conviction

admin — Tue, 31 Jan 2012 07:15:26 +0000

A man who enticed a 15-year-old girl online, lied to her about his age, went to Connecticut for a sexual rendezvous and then brought her to New York for more sex was appropriately assessed three two-level sentencing enhancements, a divided panel of the 2nd U.S. Circuit Court of Appeals has held.

Switch in Arbitrator Permissible Where NAF No Longer Competent, Circuit Says

admin — Thu, 26 Jan 2012 07:22:48 +0000

Courts may appoint a substitute arbitrator where the one designated in a contract clause — the National Arbitration Forum — is not able to hear the case, the 3rd U.S. Circuit Court of Appeals has held in a case of first impression.

1st Circuit affirms awards against U.S. over Bulger gang murders

admin — Wed, 25 Jan 2012 07:59:52 +0000

In a pair of rulings, the 1st U.S.

Circuit Applies Insider Rules to Partners Who Cede Control

Master — Wed, 25 Jan 2012 07:59:48 +0000

Limited partnerships that delegate voting and investment control over their securities portfolios to their general partners’ agents are still considered insiders for purposes of insider trading liability, the 2nd U.S. Circuit Court of Appeals has ruled.

Judges Halt Deportation of Mother Seeking Asylum

admin — Thu, 29 Dec 2011 07:52:00 +0000

A mother facing deportation who feared she would be beaten or killed for trying to protect her grade school-age daughter from genital mutilation in Senegal has won a reprieve from the 11th U.S. Circuit Court of Appeals.

Federal, State Claims May Be Split In Takings Case, 3rd Circuit Rules

admin — Wed, 28 Dec 2011 10:03:12 +0000

The 3rd U.S. Circuit Court of Appeals has decided a plaintiff’s federal claims are not precluded when the plaintiff puts the defendants in a state action on notice that the federal claims are being split off and the defense never objects.

Controversial Campaign Donations Spur Asbestos Judge Reassignment

Master — Sat, 17 Dec 2011 05:58:49 +0000

A judge’s campaign contribution flap in the Madison County, Ill., circuit court has led the U.S.

Circuit Revives Overtime Claims Against Oracle

admin — Wed, 14 Dec 2011 05:57:46 +0000

For a second time, the 9th U.S. Circuit Court of Appeals has ruled that out-of-state Oracle workers can move forward with a proposed class action seeking overtime pay. The three-judge panel reversed the district court, which had granted summary judgment in favor of Oracle.

Equitable Limits Apply to ERISA Subrogation

Master — Thu, 24 Nov 2011 04:06:10 +0000

A unanimous panel of the 3rd U.S. Circuit Court of Appeals has ruled that subrogation claims in cases under the Employee Retirement Income Security Act of 1974 can be limited at courts’ discretion by equitable defenses and principles such as unjust enrichment.

Disclosures of Intervention to Support ARS Market Defeat Claim That Merrill Sent False Pricing Signal

admin — Tue, 15 Nov 2011 07:10:06 +0000

Disclosures by Merrill Lynch that it routinely intervened to place support bids in the market for auction rate securities are sufficient to avoid liability under the Securities Exchange Act of 1934, the 2nd U.S. Circuit Court of Appeals ruled Monday.

McAfee Defeats Ex-GC’s Malicious Prosecution Claim

Master — Tue, 08 Nov 2011 04:17:55 +0000

Former McAfee general counsel Kent Roberts was able to beat all stock option backdating charges against him several years ago, but his attempt at further vindication ran aground at the 9th U.S.

Obama Nominates Arizona Justice for 9th Circuit Slot

admin — Thu, 03 Nov 2011 05:04:16 +0000

President Obama on Wednesday moved to fill his fifth vacancy on the 9th U.S. Circuit Court of Appeals, nominating Arizona Justice Andrew Hurwitz, who joins three other 9th Circuit picks awaiting action by the Senate

3rd Circuit Revives Legal Mal Suit Despite Lack of Expert Witness

Master — Thu, 06 Oct 2011 05:04:34 +0000

The 3rd U.S.

3rd Circuit Revives Legal Mal Suit Despite Lack of Expert Witness

admin — Thu, 06 Oct 2011 05:04:34 +0000

The 3rd U.S. Circuit Court of Appeals has revived a legal malpractice suit after finding that the lower court improperly dismissed it for lack of expert witness support despite the plaintiff’s insistence that her claim could be proved without any experts.

7th Circuit: State common law claims against BoA pre-empted by Fair Credit Reporting Act

admin — Wed, 05 Oct 2011 04:59:25 +0000

The 7th U.S. Circuit Court of Appeals has handed Bank of America a win, taking a broader view of a federal credit reporting law’s pre-emption provisions than a Northern District of Indiana judge.

4th Circuit Rejects Virginia’s Challenge to Health Care Reform Law

admin — Fri, 09 Sep 2011 00:03:50 +0000

The 4th U.S. Circuit Court of Appeals has rejected Virginia’s high-profile challenge to President Obama’s health care overhaul, finding that the commonwealth has no authority to dispute the law’s requirement that almost all U.S.

No Qualified Immunity for Officer Who Mistook Gun for Taser

Master — Tue, 23 Aug 2011 19:44:22 +0000

The 9th U.S. Circuit Court of Appeals on Monday revived a suit against a police officer who shot and killed a handcuffed man after mistakenly drawing a firearm instead of a Taser, finding that she was not entitled to qualified immunity.

Arbitration Undone: 5th Circuit Overturns Awards Against Corporate Officers

Master — Wed, 17 Aug 2011 04:28:42 +0000

When litigants attempt to vacate arbitration awards, they usually don’t get much help from the 5th U.S. Circuit Court of Appeals.

9th Circuit Clarifies When Extra Closings Are OK

Master — Wed, 10 Aug 2011 00:08:42 +0000

District judges, take note: Allowing additional closing arguments when a jury is deadlocked may be just fine so long as the court refrains from infringing upon jurors’ jobs as fact finders. That was the message Monday from the 9th U.S. Circuit Court of Appeals.

3rd Circuit Limits Use of Fake Names in Litigation

admin — Mon, 08 Aug 2011 19:25:42 +0000

Adopting a nine-factor balancing test for deciding when litigants may keep their real names secret, the 3rd U.S. Circuit Court of Appeals has ruled that pseudonyms should be reserved for those who can show a “reasonable” fear of “severe” harm.

5th Circuit to Decide If Judge Correctly Appointed Receiver

Master — Sat, 23 Jul 2011 07:55:53 +0000

The 5th U.S. Circuit Court of Appeals is considering whether a federal judge can put what he calls a “vexatious litigant” into receivership after the litigant allegedly fails to pay hundreds of thousands of dollars in fees to more than 20 lawyers and law firms.

Ninth Circuit: Grocers’ Collusion Anti-Competitive but No Sherman Act Violation

Master — Wed, 13 Jul 2011 03:16:21 +0000

The 9th U.S. Circuit Court of Appeals refused Tuesday to sanction a revenue-sharing deal that Southern California grocery chains made in anticipation of a labor-related strike — but the court stopped just short of outlawing the practice.