LATEST SUMMARIES

ATTORNEY'S FEES, CIVIL RIGHTS, CONTRACTS, LABOR & EMPLOYMENT LAW
• Matthews v. Wis. Energy Corp. Inc.

CIVIL PROCEDURE, IMMIGRATION LAW
• Kucana v. Mukasey

CRIMINAL LAW & PROCEDURE, EVIDENCE, MILITARY LAW, SENTENCING
• US v. Roberts

LATEST SUMMARIES

ATTORNEY'S FEES, CIVIL RIGHTS, CONTRACTS, LABOR & EMPLOYMENT LAW
Matthews v. Wis. Energy Corp. Inc., No. 07-1780, 07-2824
In a suit alleging breach of a post-employment settlement agreement and retaliation in which plaintiff alleged that defendant gave prejudicial job references after her departure, summary judgment and an award of attorney's fees for defendant is affirmed in part, reversed in part, and the fees award vacated where: 1) parol evidence could not be used to prove the terms of defendant's policy regarding reference checks; 2) the definition of "reference" did not demand that the recipient be a potential employer; 3) language setting a limitation on disclosure was ambiguous and it was for the jury to decide the intent of the parties, as well as the breach of contract claim based on the disclosure; and 4) the retaliation claim failed as she did not show an "adverse employment action." Read more...

CIVIL PROCEDURE, IMMIGRATION LAW
Kucana v. Mukasey, No. 07-1002
Petition for review of an order of removal is dismissed for lack of jurisdiction where 8 U.S.C. section 1252(a)(2)(B)(ii) limits the courts' ability to review discretionary decisions of immigration officials. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, MILITARY LAW, SENTENCING
US v. Roberts, No. 07-1546
A conviction and sentence for wire fraud are affirmed over claims of error regarding: 1) lack of jurisdiction; 2) the sufficiency of the evidence to support his conviction; 3) a failure of the government to disclose exculpatory evidence that was material to the conviction; and 4) a violation of the Sixth Amendment and Apprendi when the court determined the amount of loss for purposes of sentencing without submitting the issue to the jury. Read more...