LATEST SUMMARIES

CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, REMEDIES, SANCTIONS
• United Stars Indus., Inc. v. Plastech Engineered Prods., Inc.

CIVIL PROCEDURE, ERISA
• Chicago Truck Drivers v. El Paso CGP Co.

CONTRACTS, LABOR & EMPLOYMENT LAW
• Knutson v. UGS Corp.

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• U.S. v. Watson

LATEST SUMMARIES

CIVIL PROCEDURE, COMMERCIAL LAW, CONTRACTS, REMEDIES, SANCTIONS
United Stars Indus., Inc. v. Plastech Engineered Prods., Inc., No. 07-2919, 07-3052, 07-3106, 07-3107
In an action over monies owed, judgment in favor of plaintiff and sanctions imposed against defendant's attorneys are affirmed where: 1) the compromise that was reached after the initial dispute over pricing and monies owed included defendant's overcharge claims; 2) the contract allowed plaintiff to pass on an increase in costs due to the use of additional materials other than nickel through a surcharge; 3) defendant was liable to pay for the entire cost of the materials bought even though some of it was lost during the production process; and 4) the district judge did not abuse her discretion by sanctioning defendant's lawyers for making unsupported allegations during litigation. Read more...

CIVIL PROCEDURE, ERISA
Chicago Truck Drivers v. El Paso CGP Co., No. 06-3362, 06-3397, 06-4040, 07-1353
In a suit for collection of withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), a ruling finding that a proof of claim filed in 1999 in Chapter 7 bankruptcy constituted a statutory demand and cut off defendant's right to contest liability is affirmed where: 1) statutory notice and demand were not met when the plaintiffs filed the notice in Chapter 7 bankruptcy since it must be sent to the employer and Chapter 7 involves a trustee who is neither an agent of the debtor nor a fiduciary of the debtor; 2) notice to former members of the controlled group does not constitute constructive notice for the rest of the group; and 3) the notice did eventually get to the controlled group and they waived arbitration by not initiating the procedure and waiting until they were sued. However, the issue of damages is vacated and remanded where: 1) summary judgment granted to plaintiffs was not based on the motion presented by the plaintiffs; 2) plaintiffs were not given an opportunity to argue their case before summary judgment was granted on the issue of accelerated debt; 3) issues of liquidated damages depends on whether the debt was ever accelerated and when it acceleration occurred; and 4) payments by defendant should have applied first to accrued interest and then the principal. Read more...

CONTRACTS, LABOR & EMPLOYMENT LAW
Knutson v. UGS Corp., No. 07-2959
In a suit brought to recover almost $700,000 in sales commissions that plaintiff claimed was due from defendants, summary judgment for defendants is affirmed where: 1) two claims were time barred since the two year statute of limitations applies to written compensation plans, even though plaintiff did not have a written employment contract; and 2) plaintiff was not entitled to commission on sales of one software package since it had to be sold in conjunction with another software package and plaintiff never claimed to have been denied this commission. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
U.S. v. Watson, No. 06-2680, 06-2963, 06-3114
Convictions for robbing an armored car outside a bank are affirmed over claims of error regarding: 1) admission of hearsay evidence under the exception for statements against the declarant's interest; 2) admission of the hearsay testimony in violation of the the Confrontation Clause; 3) the reasonableness of the sentence; 4) an improperly drafted indictment; and 5) the lack of a schedule for restitution payments. Read more...