Thursday, April 11, 2013

Sixth Circuit -- Carrie Warf v. United States Dep't of Veterans Affairs

Discrimination/retaliation/unequal pay claims against Veterans Administration TKO'd.

Carrie Warf v. United States Dep't of Veterans Affairs 

Sixth Circuit -- USA v. Dennis Grigsby

Reversal for forced psychotropic medication of pretrial detainee for purposes of competency.  Remand with an eye to civil commitment.

USA v. Dennis Grigsby 

Sixth Circuit -- Michael Conlin v. Mortgage Electronic Registration

Claim of  robo-signing/ bad assignment insufficient to state a claim for fraud after statutory six-month window has closed.

Michael Conlin v. Mortgage Electronic Registration 

Sixth Circuit -- Tanya Martin v. City of Broadview Heights

Denial of qualified immunity for police officers who, confronted with a man without clothing who was asking to be arrested, tackled the fellow and lay on top of him, eventually resulting in his death.

Tanya Martin v. City of Broadview Heights 

Sixth Circuit -- Jeannette Martello v. Joshua Santana

Fee-splitting agreement between non-admitted JD/MD and law firm is void as against public policy.

Fraud claims time-barred, as the plaintiff should have been alerted by earlier shortfalls.

 Jeannette Martello v. Joshua Santana 

Fifth Circuit -- USA v. Song Chon, et al

Crim -- sufficient evidence for conspiracy where innkeeper and employees had knowledge of the alien-smuggling operation.

Procedural/substantive errors to sentences denied.

USA v. Song Chon, et al

Fifth Circuit -- Robert Antoine v. First Student, Incorporated

Title VII reasonable accommodation -- Seventh Day Adventist / school bus driver.

Reasonable question as to whether shift swaps were a reasonable accommodation.

Robert Antoine v. First Student, Incorporated

Second Circuit -- Sotomayor v. City of N.Y.

(Gladys Sotomayor.)

Cursory upholding of dismissal of discrimination/retaliation claim at summary judgment stage.

Sotomayor v. City of N.Y.

First Circuit -- US v. Dapolito

Considering the totality, no justification for Terry stop, given that the encounter grew less suspicious as it progressed.

Dissent:  There was no stop until the arrest.

US v. Dapolito 

First Circuit -- Hanson v. Astrue

SSA -- Skilled worker qualified for semi-skilled tasks, given administrative definition of the tasks.

Hanson v. Astrue 

First Circuit -- US v. Palmquist

As investigation was relating to a separate criminal investigation and not an employment matter, civilian Veterans Dept employee doesn't have a 5A claim to suppress fruits of workplace interview.

Restitution not offset by amount of related unclaimed benefits.

US v. Palmquist 

First Circuit -- US v. Rodriguez-Reyes

Crim -- sufficient evidence for conspiracy

Substantive challenges to sentences denied.

US v. Rodriguez-Reyes 
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.