LATEST SUMMARIES

ANTITRUST & TRADE REGULATION, CIVIL PROCEDURE, CLASS ACTIONS, CONSUMER PROTECTION LAW, INTERNATIONAL TRADE, TRANSPORTATION
• In Re: New Motor Vehicles Canadian Export Antitrust Litig.

CONSTITUTIONAL LAW, PROPERTY LAW & REAL ESTATE
• Albert San, Inc. v. Consejo de Titulares Del Condominio San Alberto

CONSUMER PROTECTION LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Girouard

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Page
• US v. Green
• US v. Soares

LATEST SUMMARIES

ANTITRUST & TRADE REGULATION, CIVIL PROCEDURE, CLASS ACTIONS, CONSUMER PROTECTION LAW, INTERNATIONAL TRADE, TRANSPORTATION
In Re: New Motor Vehicles Canadian Export Antitrust Litig. , No. 07-2257
In a multi-district consumer class action alleging conspiracy by automobile manufacturers to illegally block lower-priced imports from Canada to inflate the price of new cars sold in America, district court's certifications of: 1) a nationwide class seeking injunctive relief under section 16 of the Clayton Act and Rule 23(b)(2) is reversed and remanded where there was a lack of a live controversy between parties to justify an injunctive remedy and no federal jurisdiction under the Clayton Act; and 2) a class seeking damages under the antitrust and consumer protection laws of twenty states and Rule 23(b)(3) is vacated and remanded where, at the time of class certification, more work remained to be done in the building of plaintiffs' damages model and theory of impact. Read more...

CONSTITUTIONAL LAW, PROPERTY LAW & REAL ESTATE
Albert San, Inc. v. Consejo de Titulares Del Condominio San Alberto , No. 07-1605
In an action brought by an owner with substantial interest in an office condominium against the board and other condominium owners alleging that a Puerto Rico statute, which decreased the plaintiff's original voting power in the condominium association, violated plaintiff's due process rights under the United States Constitution, dismissal of plaintiff's complaint for lack of subject matter jurisdiction is affirmed where the plaintiff had not alleged sufficient facts to establish the "state action" required for a claim under section 1983. Read more...

CONSUMER PROTECTION LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Girouard, No. 07-1244
Conviction for consumer product tampering in violation of U.S.C. section 1365 is affirmed over claims that the jury panel which returned the conviction was tainted by religious discrimination as the defendant failed to establish a prima facie case that the prosecutor's peremptory strike was motivate by discriminatory animus. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Page, No. 06-2006
Conviction for possession of cocaine with intent to distribute and conspiracy is affirmed over claims that district court erred: 1) in admitting a challenged testimony into evidence because it was an expert opinion which the government failed to disclose to the defense before trial; 2) in failing, sua sponte, to strike a portion of the prosecutor's closing argument on grounds of improper vouching; and 3) in denying defendant's motion for judgment of acquittal when the record contained insufficient evidence to support his guilty verdict. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Green, No. 06-2007
Conviction for possession of cocaine with intent to distribute and conspiracy is affirmed over defendant's claims that district court erred in denying: 1) his motion for judgment of acquittal because he lacked the requisite "knowledge" for a conviction of underlying offenses; and 2) his severance motion because evidence adduced against a co-defendant in a joint trial would be highly prejudicial to him. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Soares, No. 07-1479
In a claim of Fourth Amendment violation when passenger was pat-frisked by the police and found with a loaded hand-gun on his person, denial of defendant's motion to suppress evidence is affirmed where the underlying facts considered together as a whole justified the officers' belief that the defendant was armed and dangerous to the officer or others. Read more...