LATEST SUMMARIES

BANKRUPTCY LAW, CIVIL PROCEDURE, SANCTIONS
• In re: M & S Grading, Inc.,

CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, LABOR & EMPLOYMENT LAW
• Gross v. FBL Fin. Serv., Inc.

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Peralez

LATEST SUMMARIES

BANKRUPTCY LAW, CIVIL PROCEDURE, SANCTIONS
In re: M & S Grading, Inc.,, No. 07-2434
In an appeal following a bankruptcy court's denial of a motion to require a Chapter 7 bankruptcy trustee to show cause why he should not be found in contempt for failing to pay contributions ordered while the debtor's case was in Chapter 11, the appeal is dismissed for lack of jurisdiction where: 1) the bankruptcy court's order denying a motion to show cause was not a final appealable order; and 2) the order did not qualify as a collateral order, for purposes of the collateral order doctrine. Read more...

CIVIL PROCEDURE, CIVIL RIGHTS, EVIDENCE, LABOR & EMPLOYMENT LAW
Gross v. FBL Fin. Serv., Inc., No. 07-1490/1492
In an employment age discrimination action wherein the jury returned a favorable verdict for plaintiff-employee, the judgment is reversed and remanded for a new trial where: 1) the jury instructions improperly shifted the burden of persuasion in light of the absence of direct evidence that age played a substantial role in an adverse employment decision; and 2) section 2002-e-2(m) of Title VII does not apply to claims arising under the ADEA. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Peralez, No. 07-1649
In a prosecution for illegal possession of a firearm, grant of defendant's motion to suppress evidence is reversed and remanded where, even though the evidence was the fruit of an improperly extended traffic stop, the dog sniff which resulted in the seizure of evidence was not a result of that improper extension. Read more...