LATEST SUMMARIES

CIVIL RIGHTS, CONSTRUCTION, LABOR & EMPLOYMENT LAW
• Davis v. Team Elec. Co.

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Crawford

LATEST SUMMARIES

CIVIL RIGHTS, CONSTRUCTION, LABOR & EMPLOYMENT LAW
Davis v. Team Elec. Co., No. 05-35877
In a suit alleging gender discrimination, retaliation and a hostile work environment, summary judgment for defendant-employer is reversed where: 1) plaintiff established a prima facie case for discrimination and proffered evidence that defendant's non-discriminatory reasons for the alleged disparate treatment were pretextual; 2) plaintiff presented evidence sufficient to raise the inference that protected activity was the likely reason for her termination; and 3) a reasonable woman could have found the behavior of plaintiff's co-workers abusive, and defendant offered no evidence that it took steps to prevent sexual harassment in its workplace. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Crawford, No. 06-30205
Sentence for distribution of narcotics is affirmed where: 1) the disparity between sentences for powder and crack cocaine did not actually affect defendant's sentencing level, thus Kimbrough v. United States, 128 S. Ct. 558 (2007) was inapplicable; 2) the district court neither misapprehended the sentencing framework nor adopted a presumption of reasonableness; 3) the court applied sentencing factors appropriately; and 4) the court correctly determined that defendant qualified as a career offender. Read more...