Tuesday, June 18, 2013

Short Form - Rest of Tuesday


Florentino Meza v. Intelligent Mexican Marketing,


USA v.   Robert Loffredi
Robert Yeftich v.   Navistar, Inc.

Eighth (From site):

121797P.pdf   06/18/2013  Donna Floyd-Gimon  v.  University of Arkansas
  U.S. Court of Appeals Case No:  12-1797
  U.S. District Court for the Eastern District of Arkansas - Little Rock    
  [PUBLISHED] [Chief Judge Riley, Author, with Wollman and Gruender, 
  Circuit Judges]
  Civil Case - civil rights. District court's grant of 
  summary judgment in civil rights action alleging violations of due process 
  and equal protection relating to termination for gross misconduct is 
  affirmed. Due process claims failed because employee received all the 
  process she was due; the failure to provide specific examples of altered 
  records does not rise to the level of a due process violation. Claim that 
  employee was deprived of a liberty interest in her reputation without due 
  process failed because employee did not sufficiently, if at all, request a 
  name-clearing hearing. District court did not err in finding employee 
  failed to show direct evidence of gender discrimination and correctly 
  concluded employee did not show the defendants' explanation for terminating 
  her was a pretext for gender discrimination; the comparators were not 
  similarly situated. 
122654P.pdf   06/18/2013  Jenny Evance  v.  Trumann Health Services
  U.S. Court of Appeals Case No:  12-2654
  U.S. District Court for the Eastern District of Arkansas - Jonesboro    
  [PUBLISHED] [Chief Judge Riley, Author, with Bright and Benton, Circuit Judges]
  Civil Case - employment discrimination. Appeal is limited 
  to review of summary judgment as that was only order designated in the 
  notice of appeal. District court correctly granted summary judgment on 
  discrimination claims, as there was no direct evidence of discrimination 
  and employer articulated legitimate, nondiscriminatory reason for 
  termination and Evance did not show other similarly situated employees were 
  treated more favorably. District court properly granted summary judgment on 
  defamation claims, as there was no evidence to support she was defamed by 
  falsely stating she initiated improper conduct with resident. 
123766P.pdf   06/18/2013  William Dimercurio  v.  Deidre Malcom
  U.S. Court of Appeals Case No:  12-3766
  U.S. District Court for the Eastern District of Missouri - St. Louis    
  [PUBLISHED] [Arnold, Author, with Gruender and Benton, Circuit Judges]
  Civil Case - Rule 41(b) dismissals. After district court 
  rescheduled trial, denied plaintiff's motion for continuance of retrial 
  date, and denied motion for reconsideration, the district court dismissed 
  the case with prejudice for failure to prosecute the appeal on the trial 
  date. District court abused its discretion in denying the continuance and 
  erred in dismissing the case with prejudice. The dismissal with prejudice 
  is reversed and the case remanded. 


11-5344Abdul Al Qader Hussain v. Barack Obama
11-5353In Re: Polar Bear Endangered Species Act Listing
12-5032Jefferson Morley v. CIA

12-5294Delta Airlines v. Export-Import Bank of the US

Federal Circuit:

Second Circuit: Castillo Grand, LLC v. Sheraton Operating Corporation

Federal statute does not provide for the award of fees where the action is dismissed for lack of jurisdiction.

Insufficient bad faith in juggling of plaintiffs to justify award of fees under common-law principles.

Castillo Grand, LLC v. Sheraton Operating Corporation

Second Circuit: Cappiello v. ICD Publ’ns, Inc.

In a diversity action, federal rules - not state laws - control the level of post-judgment interest due.  (Where constitutional.)

Cappiello v. ICD Publ’ns, Inc.
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.