LATEST SUMMARIES

ADMINISTRATIVE LAW, ERISA, HEALTH LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
• Wakkinen v. UNUM Life Ins. Co. of Am.

CIVIL PROCEDURE, EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
• Allen v. Brown Clinic, P.L.L.P

CONSTITUTIONAL LAW, TRANSPORTATION
• Lundeen v. Canadian Pac. Ry. Co.

CONTRACTS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, GOVERNMENT CONTRACTS, REMEDIES
• City of Geneseo v. Utilities Plus

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US. v. Onwumere

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Stacey

LATEST SUMMARIES

ADMINISTRATIVE LAW, ERISA, HEALTH LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW, WORKERS' COMPENSATION
Wakkinen v. UNUM Life Ins. Co. of Am., No. 06-3054
In an ERISA action, summary judgment for defendant upholding its denial of long-term disability benefits under an employer-offered plan is affirmed where substantial evidence supported plan administrator's finding that claimant was not "continuously disabled" through the 180 days of his elimination period as defined within the policy in dispute. Read more...

CIVIL PROCEDURE, EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, PROFESSIONAL MALPRACTICE
Allen v. Brown Clinic, P.L.L.P, No. 07-3181
In a medical malpractice suit, jury verdict for defendant-doctor is affirmed over claims that the district court erred when it denied his motion to exclude for cause: 1) all jurors who had ever received medical treatment at a particular clinic or with a particular doctor; 2) all jurors who had family members who had been treated at the clinic or by the doctor; and 3) two jurors who had relatives with connections to the defendants. A claim that the district court erred in denying a motion to exclude defendants' medical expert is also rejected. Read more...

CONSTITUTIONAL LAW, TRANSPORTATION
Lundeen v. Canadian Pac. Ry. Co., No. 07-1656
In consolidated appeals challenging the constitutionality of Congress's recent amendment to 49 U.S.C. Section 20106 of the Federal Railway Safety Act, the circuit court finds that: 1) Congress did not violate the constitution in making the amendment, and thus the federal preemptive effect directly addressed by the amendment applies to the underlying case; and 2) arguments advanced with respect to the amendment's violation of separation of powers doctrine, due process, equal protection, and Ex Post Facto clauses failed. Read more...

CONTRACTS, CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, GOVERNMENT CONTRACTS, REMEDIES
City of Geneseo v. Utilities Plus, No. 07-2011
In an action to recover damages from corporate defendant based on claims of contractual breach, unjust enrichment, promissory estoppel, and fraud, summary judgment for defendant is affirmed where: 1) defendant's president was found to lack actual authority to enter a binding contract on the company's behalf; 2) the doctrine of apparent authority, which was limited under state laws, did not alternatively create a contract to be enforced; and 3) plaintiff had no basis to recover damages under alternative principles of contractual remedies. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US. v. Onwumere, No. 07-2781
A conviction and sentence for mail fraud and possession of counterfeit securities is reversed in part as to the sentence where: 1) the district court miscalculated the total amount of loss in determining defendant's guidelines sentencing range; 2) the error could not be deemed harmless. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Stacey, No. 07-3276
Sentence pursuant to defendant's guilty plea to firearm possession as a convicted felon is reversed where the district court refused defendant's request for a one-level sentencing reduction without making any relevant findings concerning the reduction. Read more...