LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Hayes
ERISA, HEALTH LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
• McCauley v. First Unum Life Ins. Co.
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LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Hayes, No. 07-0063
Conviction for possession with intent to distribute cocaine is
affirmed over a claim of erroneous denial of a motion to suppress
based on assertions that: 1) the area of scrub brush where a black
bag containing cocaine was discovered by a police canine was within
the "curtilage" of defendant's home; and 2) the canine's search of
that area constituted an unlawful search for purposes of the Fourth
Amendment.
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ERISA, HEALTH LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
McCauley v. First Unum Life Ins. Co., No. 06-5100,
06-5529
In a challenge to defendent-insurer's denial of plaintiff's claim
for long-term disability benefits, dismissal of plaintiff's
complaint is reversed and remanded where: 1) in light of the Supreme
Court decision in Metropolitan Life Insurance Co. v.
Glenn, the Employee Retirement Income Security Act (ERISA) plan
administrator abused its discretion in denying plaintiff's claim; 2)
the administrator had a conflict of interest because it had both the
discretionary authority to determine the validity of the employee's
claim and paid the benefits under the policy; 3) a reasonable trier
of fact would conclude that defendant-insurer's denial of long-term
disability was arbitrary and capricious; and 4) plaintiff was
entitled to benefits and interest running from September 18, 1995,
the date on which defendant-insurer rejected plaintiff's appeal.
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