LATEST SUMMARIES

CLASS ACTIONS, LABOR & EMPLOYMENT LAW
• Harney v. Speedway SuperAmerica, LLC

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

LATEST SUMMARIES

CLASS ACTIONS, LABOR & EMPLOYMENT LAW
Harney v. Speedway SuperAmerica, LLC, No. 07-3488
In a class action alleging that the manner in which defendant paid and forfeited its employees' bonuses violated Indiana's Wage Payment Statute and Wage Claims Statute, summary judgment for defendant is affirmed where: 1) the bonuses were condition on continued employment and plaintiffs failed to meet this criteria; 2) even if the unpaid bonuses could be considered "wages" they are considered deferred compensation and subject to forfeiture; 3) plaintiffs were not entitled to damages from defendant's failure to pay the bonuses within a statutory ten day period since bonuses are not wages; and 4) certification of certain questions of state law to the Indiana Supreme Court is denied. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
U.S. v. Alden, No. 07-1709
Sentence for conspiring to manufacture, to possess with intent to distribute, and to distribute methamphetamine is affirmed over claims of error regarding: 1) the validity of a suppressed indictment; 2) a failure to order a competency hearing sua sponte in light of defendant's irrational behavior throughout the proceedings; 3) allowing defendant to proceed pro se with standby counsel; 4) a failure to properly consider the applicable statutory factors in determining his sentence; 5) the termination of defendant's allocution even though he was not done speaking; and 6) enhancement of defendant's sentence based on prior convictions. Read more...