LATEST SUMMARIES

ATTORNEY'S FEES, BANKRUPTCY LAW, INJURY AND TORT LAW
• Maxwell v. KPMG, LLP

CIVIL PROCEDURE, CIVIL RIGHTS, GOVERNMENT LAW, INJURY AND TORT LAW
• Chelios v. Heavener

CIVIL RIGHTS, LABOR & EMPLOYMENT LAW, RETAIL
• Abdullahi v. Prada USA Corp.

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Fiasche

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Sanders

HEALTH LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
• Dotson v. BRP US Inc.

LATEST SUMMARIES

ATTORNEY'S FEES, BANKRUPTCY LAW, INJURY AND TORT LAW
Maxwell v. KPMG, LLP, No. 07-2819
In a suit brought by a Chapter 7 bankruptcy trustee alleging that the bankrupt company was harmed by an accounting firm's breach of its duty of care, summary judgment for defendant is affirmed where: 1) even assuming that defendant was negligent in its statement of the company's earnings, that statement was not the cause of an ill-fated business decision entered into by the company; and 2) the evidence presented did not support the claim for damages. Defendant is authorized to seek attorney's fees in the district court. Read more...

CIVIL PROCEDURE, CIVIL RIGHTS, GOVERNMENT LAW, INJURY AND TORT LAW
Chelios v. Heavener, No. 06-4125
In a suit alleging wrongful arrest, excessive force and battery against police officers and a city, summary judgment for defendants is reversed where: 1) there was a genuine issue of material fact concerning probable cause for the arrest; 2) under plaintiff's version of the facts, a jury could conclude that officers used excessive force while arresting him; 3) additional factual development is required before a determination on qualified immunity can be made; and 4) a jury should determine whether an officer engaged in behavior constituting battery. Read more...

CIVIL RIGHTS, LABOR & EMPLOYMENT LAW, RETAIL
Abdullahi v. Prada USA Corp., No. 07-2489
In a suit against a high-end clothing retailer alleging retaliation and discrimination, dismissal of the complaint is affirmed in part and reversed in part where: 1) the failure of a pro se plaintiff to check the box marked "race" on a standard complaint form did not preclude her 42 U.S.C. section 1981 claims; and 2) an allegation of defamation in retaliation for filing a post-termination EEOC complaint is actionable under Title VII. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Fiasche, No. 07-1132
Convictions for conspiracy to possess narcotics with intent to distribute are affirmed where police officers had reasonable suspicions that justified a vehicle stop and search, and an objectively reasonable belief that exigent circumstances justified entry into a defendant's home. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Sanders, No. 07-1176
Conviction and sentence on firearms charges are affirmed where: 1) there was sufficient evidence that defendant knew he possessed a shotgun shorter than the legal limit; 2) defendant waived his challenge to jury instructions; 3) the district court properly understood its discretion at sentencing; and 4) the court gave an adequate statement of reasons for the sentence. Read more...

HEALTH LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
Dotson v. BRP US Inc., No. 07-1375
In a suit alleging retaliatory discharge for filing a workers' compensation claim, summary judgment for defendant-employer is affirmed where: 1) plaintiff's employer correctly counted his extended work absence as FMLA leave; 2) under Illinois law, an employee may be terminated for excessive absenteeism even if the absence is due to a work-related injury covered by workers' compensation; and 3) an employer may run FMLA leave concurrently with workers' compensation with adequate notice, which the defendant provided. Read more...