Tuesday, October 04, 2011

Third Circuit -- Elizabeth Liggon-Redding v. Estate of Robert Sugarman

State rule requiring filing of Certificate of Merit in malpractice cases is a substantive rule that must be applied when other fora apply that state's law.

Elizabeth Liggon-Redding v. Estate of Robert Sugarman

Third Circuit -- USA v. Wayne Bryant

Errata

USA v. Wayne Bryant

First Circuit -- CQ International Co., Inc. v. Rochem International, Inc., US

No abuse of discretion in not issuing Rule 11 sanctions on motion.

CQ International Co., Inc. v. Rochem International, Inc., US

First Circuit -- Davis v. Travelers Property Casualty

Where an auto insurance policy lists two rates and says that one of them applies, the one that the policy says applies is the applicable rate.

Contract trumps choice of law (last paragraph).

Davis v. Travelers Property Casualty

First Circuit -- Bhatti v. Trustees of Boston

Summary judgement appropriate on Title VII and S1981 racial discrimination claims given the paucity of evidence.

Bhatti v. Trustees of Boston

First Circuit -- US v. Rogers

Where member of the military is ordered to his residence while the police are conducting a search, the circumstance is sufficiently custodial to trigger Miranda.

Sufficiency of warnings is in question when preceded and followed by other questions.

US v. Rogers

Second Circuit -- United States v. Leslie

In a sentencing context, incarceration does not necessarily signal withdrawal from a financial conspiracy.

United States v. Leslie

Second Circuit -- Rojas v. The Roman Catholic Diocese of Rochester

No error in summary judgement on Title VII and state claims where plaintiff's testimony is disjointed and contradictory.

Rojas v. The Roman Catholic Diocese of Rochester
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.