LATEST SUMMARIES
BANKRUPTCY LAW, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, ERISA, LABOR & EMPLOYMENT LAW, M&A
Bender v. Xcel Energy, Inc.
CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM, SENTENCING
US v. Phillips
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Coyle
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LATEST SUMMARIES
BANKRUPTCY LAW, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, ERISA, LABOR & EMPLOYMENT LAW, M&A
Bender v. Xcel Energy, Inc., No. 06-2634
In an action brought by former executives who filed an ERISA action
against the successor to their company's parent corporation claiming
that it denied benefits due to them under certain plans, summary
judgment for defendant is affirmed where: 1) the district court
properly concluded that plaintiffs were not participants in a 2000
Statement and therefore could not maintain their action against
defendant for deferred compensation benefits; and 2) the district
court properly concluded that substitute releases certain plaintiffs
provided for purposes of participating in a Severance Plan did not
satisfy their obligations under that plan, and thus their claims for
stock benefits failed.
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CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM, SENTENCING
US v. Phillips, No. 06-2798
A conviction and sentence for being a felon in possession of a
firearm is affirmed over claims that: 1) a denial of a motion to
suppress inculpatory statements during two police interviews
conducted many hours after his arrest was proper as the district
court properly rejected a claim that his waiver of Miranda rights
was not knowing and intelligent because defendant was intoxicated
from ecstasy and brandy consumed prior to his arrest; and 2)
sentencing-related challenges are rejected.
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CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Coyle, No. 06-2296, 06-2525
A sentence imposed on remand for conspiracy to distribute
methamphetamine is reversed and remanded where: 1) the circuit court
declined to alter its previous holding that a substantial-assistance
reduction from 135 months' to 36 months' imprisonment was
unreasonable; and 2) the district court was not authorized to reduce
defendant's sentence by 13.5 months based on post-offense
rehabilitation.
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