LATEST SUMMARIES

ATTORNEY'S FEES, CIVIL PROCEDURE, CIVIL RIGHTS
• Williams v. City of Carl Junction

CIVIL PROCEDURE, INJURY AND TORT LAW, INSURANCE LAW
• Dill v. Gen. Amer. Life Ins. Co.

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

LATEST SUMMARIES

ATTORNEY'S FEES, CIVIL PROCEDURE, CIVIL RIGHTS
Williams v. City of Carl Junction, No. 07-2704
An award of attorneys' fees to defendants in a civil rights suit under 42 U.S.C. section 1988 is reversed where plaintiff's case presented colorable arguments which were not frivolous, unreasonable or without foundation. Read more...

CIVIL PROCEDURE, INJURY AND TORT LAW, INSURANCE LAW
Dill v. Gen. Amer. Life Ins. Co., No. 07-1358
Federal Rules of Civil Procedure 6(b)(2) and 50(b) are non-jurisdictional claims processing rules that provide an affirmative defense to untimely filings if raised, but which can be forfeited if not timely raised. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Tansel, No. 07-2447
Conviction and sentence for child pornography offenses is affirmed where: 1) the totality of the circumstances described in the affidavit established a fair probability that child pornography would be found on defendant's home computer; 2) even if the state search warrant was invalid, evidence seized from defendant's home was admissible under the independent source doctrine; and 3) the underlying evidence did not suggest that the district court clearly erred by enhancing defendant's offense level for distribution of child pornography to a minor. Read more...