opinion and polls Owens v. Republic of Sudan By feeds.findlaw.com Published On :: 2019-05-21T08:00:00+00:00 (United States DC Circuit) - Held that claimants whose family members were harmed in a terrorist attack may state a claim for intentional infliction of emotional distress even if the claimants were not present at the scene of the attack. The case involved District of Columbia tort law and terrorist bombings in East Africa. Full Article Military Law International Law Injury & Tort Law
opinion and polls Kashef v. BNP Paribas S.A. By feeds.findlaw.com Published On :: 2019-05-22T08:00:00+00:00 (United States Second Circuit) - Revived a New York tort lawsuit alleging that a French bank that evaded U.S. sanctions on Sudan aided and abetted the Sudanese regime in its commission of atrocities against the plaintiffs. Vacated a dismissal and remanded. Full Article International Law Injury & Tort Law
opinion and polls US v. Knotek By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Ninth Circuit) - Rejected a U.S. citizen's challenge to an order certifying him as extraditable to the Czech Republic, where he had been convicted of attempted extortion many years ago. Affirmed the denial of his habeas corpus petition. Full Article International Law Criminal Law & Procedure
opinion and polls Sokolow v. Palestine Liberation Organization By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Second Circuit) - Held that eleven American families could not revive their lawsuit against the Palestinian Authority and others for various terror attacks in Israel that killed or wounded the plaintiffs or their family members. The plaintiffs relied on the 2018 enactment of the Anti-Terrorism Clarification Act, but the statute did not warrant the extraordinary remedy of recalling the mandate in this already completed case, which had been dismissed on procedural grounds. Full Article Military Law International Law
opinion and polls Bascunan v. Elsaca By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (United States Second Circuit) - In a civil RICO case, held that a Chilean national may sue another Chilean national in the United States, because extraterritoriality issues did not bar the suit. The case involved allegations of fraudulent asset transfers from a New York bank account. Reversed a dismissal in relevant part. Full Article International Law Civil Procedure Banking Law
opinion and polls Venckiene v. US By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (United States Seventh Circuit) - District judge’s denial of stay in an extradition treaty request affirmed, where the political offense exception in the Lithuania-US extradition treaty did not apply, the magistrate judge did not abuse discretion in finding probable cause that petitioner committed crimes, petitioner did not provide detailed evidence of "atrocious punishment" in Lithuanian prison, and the Secretary of State’s decision to grant extradition did not violate petitioner’s constitutional right to due process. Petitioner was charged with family/domestic offenses related to the police capture of her niece, where Petitioner alleged niece was subjected to molestation by niece's mother and Lithuanian government officials. Full Article International Law Constitutional Law
opinion and polls Saada v. Golan By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States Second Circuit) - Affirmed in part, vacated in part, remanded. The District Court erred in granting a petition to have a child returned to his habitual home of Italy under the Hague Convention. Although it was affirmed that Italy was the child's habitual residence if repatriating him would expose the child to a grave risk of harm the district court isn't necessarily bound to return him. Full Article International Law Civil Procedure Family Law
opinion and polls Khrapunov v. Prosyankin By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (United States Ninth Circuit) - Vacated and remanded. Plaintiff filed a 28 U.S.C. § 1782 application seeking issuance of a subpoena to Google, Inc. for the disclosure of certain subscriber information to assist him in ongoing litigation in England. The district court granted Plaintiff’s application for the information from Google. Concluded that there was doubt whether 1782 could be used in a foreign proceeding and vacated and remanded for further proceedings in the district court. Full Article Evidence International Law Cyberspace Law
opinion and polls Dogan v. Barak By feeds.findlaw.com Published On :: 2019-08-02T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel affirmed the district court’s dismissal, on the basis of foreign official immunity, of a wrongful death action brought under the Torture Victim Protection Act. Full Article International Law
opinion and polls US v. Thiam By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Second Circuit) - Affirmed. Defendant appeals his bribery conviction, arguing improper jury instructions and insufficient evidence. The court finds the “official act” standard from McDonnell does not apply to Guinea’s Penal Code, and any potential evidentiary errors were harmless. Judgement is affirmed. Full Article International Law
opinion and polls Palm Finance Corp. v. Parallel Media LLC By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sought to enforce a judgment against Defendant in the Senior courts of England and Wales. The issue on appeal was the admissibility of a certain document. The appeals court determined that the document was rightly admitted by the trial court. Full Article International Law Evidence
opinion and polls Bakalian v. Central Bank of the Republic of Turkey By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. In the absence of the invalidated extension statute, Plaintiffs’ claims seeking compensation for property taken from Plaintiffs’ ancestors during the Armenian Genocide brought under the Foreign Sovereign Immunities Act were barred by the statute of limitations for genocide, war crimes, and crimes against humanity. Full Article International Law
opinion and polls Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A. By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan. Full Article International Law Banking Law
opinion and polls Havlish v. 650 Fifth Ave. Co. By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (California Court of Appeal) - Affirmed in part, reversed in part, vacated in part and remanded for new trial. The district court: (1) violated a previous decision instructing it not to send Foreign Sovereign Immunities Act claims to trial, (2) abused its discretion by precluding two of defendant’s witnesses from testifying. Full Article International Law Civil Procedure
opinion and polls DeJoria v. Maghreb Petroleum Exploration, S.A. By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court was within its discretion to deny recognition to a Moroccan judgment against a haircare and liqour tycoon in a lawsuit relating to a failed energy provision agreement. Full Article International Law Judgement Enforcement Civil Procedure
opinion and polls US v. Lee By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. Defendant was charged with executing a scheme to defraud local governments by falsely representing that his industrial fans were assembled in the United States. Appeals court found no error in the judgment or the sentence. Full Article Criminal Law & Procedure International Law Commercial Law
opinion and polls In re D.R. By feeds.findlaw.com Published On :: 2019-08-30T08:00:00+00:00 (California Court of Appeal) - Reversed as to Father only. Father of juveniles appealed from the denial of his motion to modify judgement claiming that he was not given adequate notice of dependence proceedings for two of his children. The appeals court found that the Hague Service Convention applies because Father is a resident of Mexico and that the Department of Children and Family services failed to comply with the Hague Convention. Full Article Family Law International Law Juvenile Law
opinion and polls Collins v. University of Notre Dame du Lac By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Seventh Circuit) - Reversed and Remanded. The Court of Appeals dismissed an appeal and reversed a District Court order in the case of the dismissal of a tenured professor. The professor's guilty plea to felony charges relating to the dismissal were serious cause sufficient to support his firing. Full Article Civil Procedure Labor & Employment Law
opinion and polls American Federation of Government v. Trump By feeds.findlaw.com Published On :: 2019-07-16T08:00:00+00:00 (United States DC Circuit) - Vacated. A district court conclusion that executive orders regarding relations between the federal government and its employees was unlawful was in error. The district court lacked jurisdiction. Full Article Government Law Civil Procedure Labor & Employment Law
opinion and polls Ortiz v. Dameron Hospital Assn. By feeds.findlaw.com Published On :: 2019-07-17T08:00:00+00:00 (California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims. Full Article Civil Rights Civil Procedure Labor & Employment Law
opinion and polls Galvan v. Dameron Hospital Assn. By feeds.findlaw.com Published On :: 2019-07-17T08:00:00+00:00 (California Court of Appeal) - Reversed and remanded to enter summary adjudication for Plaintiff as to her retaliation claim and punitive damages, but denied discrimination and harassment claims. Full Article Civil Rights Labor & Employment Law
opinion and polls Pickett v. CTA By feeds.findlaw.com Published On :: 2019-07-17T08:00:00+00:00 (United States Seventh Circuit) - Summary judgment affirmed. Bus driver's age discrimination claim properly denied on the merits. District court's denial of a motion for counsel without explanation was a harmless error. Full Article Labor & Employment Law
opinion and polls Brown v. City of Sacramento By feeds.findlaw.com Published On :: 2019-07-17T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff sued employer, Defendant, for racial discrimination and retaliation. A jury found in favor of Plaintiff. Trial court granted Defendant’s motion for judgment notwithstanding verdict on the grounds that Plaintiff had failed to exhaust administrative remedies, but denied the motion with respect to the retaliation and discrimination claims. Appeals court found no error. Full Article Labor & Employment Law Administrative Law
opinion and polls Griggs v. Chickasaw County, Mississippi By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The trial court's determination that the County Board of Supervisors' elimination of a longtime county Solid Waste Enforcement Officer's position was retaliation was upheld. The employee was running for sheriff as an Independent and the Board preferred Democrats. Full Article Labor & Employment Law Civil Procedure Constitutional Law
opinion and polls Southern Hens, Inc. v. Occupational Safety and Health Review Commission By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld. Full Article Civil Procedure Labor & Employment Law Administrative Law
opinion and polls National Labor Relations Board v. Ingredion Inc. By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit. Full Article Labor & Employment Law Administrative Law
opinion and polls Tatum v. Southern Company Services, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court's dismissal of claims for interference and retaliation in violation of the Family and Medical Leave Act in the case of a man reprimanded for swearing, quoting the bible, and generally being abrasive in colleague interactions. Full Article Civil Procedure Labor & Employment Law
opinion and polls Wilson v. Cable News Network, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (Supreme Court of California) - Affirmed in part and reversed in part. Plaintiff filed suit for employment discrimination, retaliation and defamation. Defendant filed an anti—SLAPP motion, Code of Civil Procedure section 425.16. The Supreme court held that the anti-SLAPP statute is applicable to the claims of discrimination and retaliation, but not to the defamation cause of action because it was not made in connection with any issue of public significance. Full Article Labor & Employment Law Civil Rights Civil Procedure
opinion and polls Wood Group Production Services v. DOWCP By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Petition for review denied. A man injured while unloading a vessel on a fixed platform in Louisiana territorial waters met the requirements for coverage under the Longshore and Harbor Workers' Compensation Act. Full Article Civil Procedure Labor & Employment Law
opinion and polls Fast v. Cash Depot, Ltd. By feeds.findlaw.com Published On :: 2019-07-30T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An employee who sued under the Fair Labor Standards Act over unpaid wages whose case was dismissed when the company paid what was owed was not entitled to attorney's fees because he didn't technically prevail in the legal action. Full Article Civil Procedure Attorney's Fees Labor & Employment Law
opinion and polls L'Chaim House, Inc. v. Div. of Labor Standards Enforcement By feeds.findlaw.com Published On :: 2019-07-31T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty. Full Article Labor & Employment Law Administrative Law
opinion and polls Lacayo v. Catalina Restaurant Group Inc. By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim. Full Article Commercial Law Dispute Resolution & Arbitration Labor & Employment Law
opinion and polls Robles v. Employment Development Dept By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Affirmed in part, reversed in part, and remanded. Plaintiff sued for the wrongful denial of unemployment benefits. On appeal, Plaintiff was granted unemployment benefits. On this, Plaintiff's third appeal over this controversy, the appeals court affirmed the award of attorney’s fees, but reversed and remanded because the trial court improperly limited the scope of the fees. Full Article Government Benefits Attorney's Fees Labor & Employment Law
opinion and polls Campos v. Cook County By feeds.findlaw.com Published On :: 2019-08-05T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The dismissal of a suit alleging that protracted employment termination proceedings violated the substantive due process rights of a Sheriff's Office employee following their DUI arrest was proper because it did not meet the high standard for making out substantive due process claims. Full Article Civil Procedure Labor & Employment Law
opinion and polls Maldonado v. Rodriguez By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Partially reversed, partially dismissed. A newly elected district attorney who fired seven employees that alleged they were removed because of their support for his opponent was entitled to qualified immunity as to four of the plaintiffs, but genuine issues of material fact existed as to the remaining three. Full Article Civil Procedure Labor & Employment Law
opinion and polls Wozniak v. Adesida By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A tenured teacher who waged an extended campaign against students who did not give him an award and sued the school when the Board of Trustees took action against him lost his appeal of the grant of summary judgment to the school. The First Amendment didn't protect his firing for intentionally causing harm to students and failing to follow the dean's instructions. Full Article Labor & Employment Law Constitutional Law
opinion and polls State of Texas v. EEOC By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act. Full Article Labor & Employment Law Administrative Law Government Law Constitutional Law
opinion and polls Lavite v. Dunstan By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment to a County Veterans Assistance Commission was affirmed in a case where their superintendent was banned from the administration building after learning that he'd had a PTSD incident in which he threatened a police officer and kicked out the windows of a squad car. Full Article Labor & Employment Law Civil Procedure Constitutional Law
opinion and polls Local 702 v. NLRB By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A longtime employee was discharged for strike related conduct, but the company's action didn't violate the National Labor Relations Act. Full Article Civil Procedure Labor & Employment Law
opinion and polls District No. 1 Pacific Coast v. Liberty Maritime Corp. By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (United States DC Circuit) - Reversed and remanded. The district court had jurisdiction over a Labor Management Relations Act Claim relating to a maritime labor union because the act provides federal jurisdiction over suits for violation of contracts between employers and labor organizations. Full Article Civil Procedure Labor & Employment Law
opinion and polls Dawson v. NCAA By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. Held that Division I football players were not employees of the NCAA because the economic realities for student-athletes do not match an employer/employee relationship. The district court’s dismissal of an athlete’s Fair Labor Standards Act claim is affirmed. Full Article Labor & Employment Law
opinion and polls Naumovski v. Norris By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Second Circuit) - Reversed and remanded. Defendants claimed they were erroneously denied qualified immunity in a discrimination suit brought by a former employee. Because the District court conflated the standards under Title VII and Section 1983, the court reversed, entered judgment for the defendants, and remanded. Full Article Civil Rights Labor & Employment Law
opinion and polls McMichael v. Transocean Offshore Deepwater By feeds.findlaw.com Published On :: 2019-08-13T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court's grant of a defense motion for summary judgment in an Age Discrimination Employment Act claim was proper because the plaintiff failed to raise a genuine question of material fact about the company's reasons for firing him during a period in which the company halved its workforce and fired thousands of workers. Full Article Civil Rights Civil Procedure Labor & Employment Law
opinion and polls Mejia v. Merchants Building Maintenance By feeds.findlaw.com Published On :: 2019-08-13T08:00:00+00:00 (California Court of Appeal) - Affirmed denial of motion to compel arbitration. An employee bringing a Private Attorney General’s Act claim may not be compelled to arbitrate that portion of the claim that seeks to recover underpaid wages. Full Article Dispute Resolution & Arbitration Labor & Employment Law
opinion and polls Clifford v. Quest Software Inc. By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration. Full Article Dispute Resolution & Arbitration Labor & Employment Law Consumer Protection Law
opinion and polls O'Donnell v. Caine Weiner Company, LLC By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A lawsuit alleging unequal pay due to gender discrimination and retaliation that lost on all counts at jury trial was affirmed. The jury instructions and verdict forms did not prejudice the case. Full Article Labor & Employment Law Civil Rights Civil Procedure
opinion and polls Voris v. Lampert By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy. Full Article Injury & Tort Law Labor & Employment Law Contracts
opinion and polls Yochim v. Carson By feeds.findlaw.com Published On :: 2019-08-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The US Department of Housing and Urban Development did not fail to reasonably accommodate an employee that had previously taken advantage of a telecommute policy following hand surgery when, following restructuring and performance deficiencies, they revoked her telecommute privileges. Full Article Labor & Employment Law Civil Rights Civil Procedure Civil Procedure Civil Rights Labor & Employment Law
opinion and polls Senne v. Kansas City Royals Baseball By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Ninth Circuit) - Affirmed in part, reversed in part. Minor league baseball players seeking class status in an action under the Fair Labor Standards Act appeal the denial of class certification in Arizona and Florida. The panel held certification is appropriate and consistent with “the great public policy” embodied by the FLSA. Full Article Class Actions Labor & Employment Law
opinion and polls Harville v. City of Houston, Mississippi By feeds.findlaw.com Published On :: 2019-08-16T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The court affirmed the dismissal of a suit claiming race discrimination and retaliation under Title VII in the firing of a deputy clerk of a city that was part of a group of layoffs intended to offset a budget shortfall. The plaintiff failed to present a genuine issue of material fact that her race was the motivating factor in her termination or that there was a causal connection between an EEOC complaint and the termination. Full Article Civil Rights Civil Procedure Labor & Employment Law