LATEST SUMMARIES

CIVIL PROCEDURE, CLASS ACTIONS, CONTRACTS, INJURY AND TORT LAW, INSURANCE LAW, REMEDIES
• Negrete v. Allianz Life Ins. Co. of N. Am.

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW
• Gregory v. County of Maui

CRIMINAL LAW & PROCEDURE, EVIDENCE, INTERNATIONAL LAW
• Choe v. Torres

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Stoterau

CRIMINAL LAW & PROCEDURE
• US v. Medina

LATEST SUMMARIES

CIVIL PROCEDURE, CLASS ACTIONS, CONTRACTS, INJURY AND TORT LAW, INSURANCE LAW, REMEDIES
Negrete v. Allianz Life Ins. Co. of N. Am., No. 07-55505
In a class action lawsuit against an insurance corporation challenging the sale of its fixed deferred annuities, an order, which effectively prevents defendant from proceeding with any settlement negotiations on similar class action claims raised in any other courts without permission from plaintiff's lead counsel, is reversed where: 1) in the context of the All Writs Act, there was no proper support for the district court's enjoining of proceedings in other courts; and 2) even if there were, the Anti-Injunction Act barred such injunction. Read more...

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW
Gregory v. County of Maui, No. 06-15374
In an estate's 42 U.S.C. section 1983 suit involving claims of excessive force leading to the death of an individual, summary judgment for defendants is affirmed where: 1) police officers did not use excessive force in violation of the Fourth Amendment in attempting to restrain the individual; and 2) consequently, the estate's section 1983 claims against defendant-county also failed. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, INTERNATIONAL LAW
Choe v. Torres, No. 06-56634
Denial of Korean citizen's habeas corpus petition challenging certification of his extradition to the Republic of Korea is affirmed in part as to a charge that defendant bribed an officer, but reversed in part as to another charge where there was no competent evidence to support a magistrate judge's finding of probable cause that defendant committed the particular acts "for which extradition [was] requested." Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Stoterau, No. 07-50124
Defendant's sentence for transporting child pornography is affirmed in part and vacated in part where: 1) the district court did not err in applying a two-level enhancement pursuant to U.S.S.G. section 2G2.1(b)(2)(A); 2) it did not abuse its discretion in sentencing him to a 151-month term of imprisonment; 3) with one exception, it did not abuse its discretion in imposing certain special conditions on his term of supervised release; 4) the district court was not obliged by Rule 32 of the Federal Rules of Criminal Procedure to rule on his evidentiary challenge to information contained in his PSR; but 5) the use of the word "pornography" in one condition of supervised release made such condition impermissibly vague. Read more...

CRIMINAL LAW & PROCEDURE
US v. Medina, No. 05-30477, 05-30482
Dismissal, without prejudice, of defendant's indictment for drug-related offenses based on excessive pretrial delays is affirmed where: 1) although he established a one-day error in the district court's Speedy Trial Act determination, the error was harmless; 2) other than that error, the calculation of the number of days excludable under the Speedy Trial Act was proper; and 3) there was no abuse of discretion in dismissing the indictment without prejudice. Read more...