LATEST SUMMARIES
BANKING LAW, CIVIL PROCEDURE, CONSUMER PROTECTION LAW, EVIDENCE, PROPERTY LAW & REAL ESTATE
• Doss v. Clearwater Title Co.
CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Sims
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LATEST SUMMARIES
BANKING LAW, CIVIL PROCEDURE, CONSUMER PROTECTION LAW, EVIDENCE, PROPERTY LAW & REAL ESTATE
Doss v. Clearwater Title Co., No. 07-2400
In a suit brought under the Truth in Lending Act (TILA), dismissal
for failure to state a claim upon which relief can be granted is
reversed and remanded where: 1) there was appellate jurisdiction
over the matter; 2) in granting the motion, the district court
failed to take the alleged facts in the light most favorable to the
pleader; 3) such standard remains in place despite the Supreme
Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544
(2007).
Read more...
CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Sims, No. 07-3798
In a prosecution for being a felon in possession of a firearm,
denial of defendant's motion to suppress evidence is affirmed over
defendant's claims that: 1) a search warrant was improper because
material facts that diminished an informant's reliability were not
presented in the affidavit to the issuing judge; and 2) executing
police officers could not have reasonably relied on such an improper
warrant.
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