LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
• Jacob v. West Bloomfield

CIVIL RIGHTS, EVIDENCE, LABOR & EMPLOYMENT LAW
• White v. Baxter Healthcare Corp.

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

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Kimbrel

LATEST SUMMARIES

ADMINISTRATIVE LAW, CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, PROPERTY LAW & REAL ESTATE
Jacob v. West Bloomfield, No. 07-1534
In a suit brought under 42 U.S.C. section 1983 alleging a violation of plaintiff's Fourth Amendment rights when defendant entered plaintiff's property without a warrant to inspect the property for criminal violations of a land use ordinance, denial of summary judgment for defendant is affirmed where: 1) the purpose of the government intrusion was not merely administrative but also bore the threat of criminal sanctions; and 2) the fact that plaintiff did not endure an even more intrusive search does not obviate the Fourth Amendment's requirement that, absent exigent circumstances, officials may not conduct criminal investigations within the curtilage of a person's home without a warrant. Read more...

CIVIL RIGHTS, EVIDENCE, LABOR & EMPLOYMENT LAW
White v. Baxter Healthcare Corp., No. 07-1626
In an employment discrimination suit brought under federal and Michigan state law, summary judgment for defendant is reversed and the case is remanded for a new trial where: 1) plaintiff offered sufficient evidence to suggest that defendant's purported reason for not promoting him had no basis in fact, did not motivate defendant's decision, or was not sufficient to explain its hiring choice; and 2) plaintiff produced sufficient evidence for a reasonable jury to find in his favor on both single motive and mixed motive race discrimination claims. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Pearce, No. 07-3146, 07-3193
Convictions and sentences for being a felon in possession of a firearm and ammunition are affirmed over claims of error regarding: 1) a denial of a motion to suppress evidence based on officers' lack of either reasonable suspicion or probable cause to stop defendants; and 2) imposition of the 235 months sentence without addressing the sentencing factors in 18 U.S.C. section 3553(a). Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Kimbrel, No. 06-6426, 07-5221
A conviction and sentence for being a felon in possession of a firearm and possession of a firearm with obliterated serial numbers are vacated and the case remanded for a new trial where: 1) defendant's sufficiency challenge fails because defendant failed to move for an acquittal at the close of all the proof and a higher burden of proof applies; and 2) the district court conducted a flawed Batson analysis after defense counsel used a peremptory challenge to dismiss a Caucasian juror. Read more...