LATEST SUMMARIES

CIVIL PROCEDURE, CLASS ACTIONS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, SECURITIES LAW
• Estate of Pew v. Cardarelli

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Douglas

LATEST SUMMARIES

CIVIL PROCEDURE, CLASS ACTIONS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, SECURITIES LAW
Estate of Pew v. Cardarelli, No. 06-5703
In an appeal primarily addressing whether a claim fell within the exception to the Class Action Fairness Act's ("CAFA") grant of original and appellate jurisdiction for class actions which solely involve claims concerning certain rights and duties related to any security, the circuit court: 1) rules that the suit at hand does not fall within such exception to CAFA jurisdiction, and thus it has authority to accept an appeal from a remand order; 2) grants defendant's petition for leave to appeal; and 3) reverses the district court's remand order on the merits. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Douglas, No. 06-0581
Conviction for killing a person in connection with an attempt to steal money from ATM machines is affirmed over defendant's claims that: 1) being charged with an offense punishable by death entitled him to representation by two attorneys, and the district court erred in dismissing one of his two appointed attorneys after the government stated that it would not seek death penalty; 2) the government engaged in impermissible discrimination in the use of a peremptory challenge; 3) there were various errors in connection with the eyewitness identification evidence admitted against him; and 4) evidence obtained in violation of his privilege against self-incrimination should have been excluded from evidence in the government's rebuttal case. Read more...