LATEST SUMMARIES

CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
• Brand v. Motley

CIVIL RIGHTS, CONTRACTS, EVIDENCE, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
• Nance v. Goodyear Tire & Rubber Co.

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

LATEST SUMMARIES

CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE
Brand v. Motley, No. 06-6362
In a 42 U.S.C. section 1983 action arising out of a complaint where plaintiff-black inmate was denied a request to share his cell with a white inmate, dismissal of the action is vacated and remanded where: 1) plaintiff presented an arguable race discrimination claim which survives dismissal under section 1915(e)(2) since race played a factor in the denial of his move request; and 2) there was no record as to defendant's defenses of sovereign and qualified immunity since the district court did not address the issues. Read more...

CIVIL RIGHTS, CONTRACTS, EVIDENCE, INJURY AND TORT LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
Nance v. Goodyear Tire & Rubber Co., No. 06-6563
In an action alleging violations of, inter alia, the Americans with Disabilities Act, the Tennessee Handicap Act, and the Family and Medical Leave Act (FMLA), summary judgment for defendant is affirmed where: 1) arbitration of related contractual claims under a collective bargaining agreement (CBA) does not bar de novo review of statutory claims in federal court; 2) plaintiff failed to show an adverse employment action since she was considered to have resigned without notice for not following the reporting procedures set up by the CBA; 3) there was insufficient evidence to show that plaintiff was constructively discharged; 4) plaintiff failed to meet the 1250 hour threshold to qualify for FMLA leave since she resigned without notice; 5) plaintiff failed to show that she was discharged for purposes of retaliatory discharge and whistleblower claims; and 6) there was no evidence for her claims of outrageous conduct and breach of duty of good faith and fair dealing. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
U.S. v. Martin, No. 06-5002
A conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) defendant waived his right to challenge the sufficiency of the evidence by entering a guilty plea without reserving the right to appeal the issue; 2) he waived his right to appeal a denial of a motion to disclose a confidential informant's identity; 3) there was no error in denying defendant's motion to suppress evidence since there was sufficient probable cause for a search warrant; 4) there was no error in determining that the defendant's prior convictions subjected him to sentencing as an armed career criminal; and 5) the court did not violate the constitution in finding that defendant's prior convictions qualified as serious drug offenses so as to enhance his sentence as a career criminal. Read more...