LATEST SUMMARIES

ATTORNEY'S FEES, BANKRUPTCY LAW, CIVIL PROCEDURE, ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY
• Tri-State Fin., LLC v. Lovald

ATTORNEY'S FEES, CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, INJURY AND TORT LAW, REMEDIES
• Lash v. Hollis

ATTORNEY'S FEES, CIVIL PROCEDURE, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, INJURY AND TORT LAW
• Roemmich v. Eagle Eye Dev., LLC

CIVIL PROCEDURE, CONTRACTS, GOVERNMENT LAW, INJURY AND TORT LAW, PER CURIAM
• Union County, Iowa v. Piper Jaffray & Co., Inc.

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Ironi

CRIMINAL LAW & PROCEDURE, PER CURIAM
• US v. Johnson

LATEST SUMMARIES

ATTORNEY'S FEES, BANKRUPTCY LAW, CIVIL PROCEDURE, ETHICS & DISCIPLINARY CODE, ETHICS & PROFESSIONAL RESPONSIBILITY
Tri-State Fin., LLC v. Lovald, No. 07-2430, 07-2433
In consolidated bankruptcy proceedings wherein the bankruptcy court denied a motion seeking recusal of the bankruptcy judge, approved a settlement negotiation, denied a motion for hearing on the settlement, and approved an award of attorneys' fees, judgment is affirmed where: 1) the recusal motion was made untimely; 2) upon reviewing the totality of the circumstances, the bankruptcy court did not abuse its discretion in approving the settlement agreement or denying the motion for settlement hearing; and 3) because the fee award was only challenged on the basis of a conflict and not contested as to whether the amount was reasonable, the court did not abuse its discretion in its award of attorneys' fees. Read more...

ATTORNEY'S FEES, CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, INJURY AND TORT LAW, REMEDIES
Lash v. Hollis, No. 07-2356/3066
In a civil rights action arising from injuries sustained during an arrest wherein jury awarded damages as well as attorney's fees, denial of a motion for a new damages-phase trial is affirmed, but the attorney's fees award is vacated and remanded, where: 1) the district court did not err in finding that plaintiff's evidence was insufficient to show that defendant's action in subduing him with a Taser induced or contributed to his rhabdomyolysis; 2) Missouri's sudden onset doctrine was inapplicable to underlying case, which involved multiple possible causes, rather than one alleged event preceding the harm; but 3) the record was unclear as to whether the district court considered the relationship between plaintiffs' successful and unsuccessful claims or overall degree of success obtained in determining the fee award. Read more...

ATTORNEY'S FEES, CIVIL PROCEDURE, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, INJURY AND TORT LAW
Roemmich v. Eagle Eye Dev., LLC, No. 07-1264
In an action brought by shareholder-plaintiff alleging various violations of his rights as a minority shareholder, partial summary judgment for defendants is affirmed where: 1) plaintiff's claim for breach of fiduciary duty to a minority shareholder was time barred by North Dakota's statute of limitations; 2) the continuing wrong doctrine did not toll the limitations period; 3) there was no error in findings of fact concerning freeze-out of a minority shareholder, breach of fiduciary duty, and unfair deprivation of reasonable expectations; and 4) in applying North Dakota state law, the district court did not abuse its discretion in awarding attorney's fees and expenses to defendant. Read more...

CIVIL PROCEDURE, CONTRACTS, GOVERNMENT LAW, INJURY AND TORT LAW, PER CURIAM
Union County, Iowa v. Piper Jaffray & Co., Inc., No. 08-8003
In a diversity action wherein the district court certified an interlocutory appeal concerning a discovery order, the appeal is dismissed for lack of jurisdiction where the district court abused its discretion in certifying the interlocutory appeal when the statutory requirements were not satisfied. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Ironi, No. 07-2295
Conviction for aiding and abetting possession with intent to distribute cocaine is affirmed over defendant's claims that: 1) the district court erred in refusing to admit certain out-of-court statements tending to exculpate him; 2) the district court erred in allowing the government to admit evidence of his prior drug crimes; 3) the district court erred in not giving the jury a buyer-seller instruction; and 4) there was insufficient evidence to support his conviction. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM
US v. Johnson, No. 08-1779
An appeal from an order denying appointment of substitute counsel in a criminal case is dismissed for lack of jurisdiction where the order is: 1) subject to reconsideration by the district court as the prosecution proceeds; and 2) effectively reviewable on appeal after final judgment. Read more...