Case Summaries
Injury & Tort Law
[11/21]
Dale v. Poston
In a federal prisoner's suit alleging Eighth Amendment violations by prison employees who allegedly failed to protect him from an attack by another inmate, summary judgment for defendants is affirmed where there was no evidence that any of the defendants were aware of facts from which they could draw an inference of substantial harm.
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Government Benefits
[11/14]
Feemster v. BSA Ltd. P'ship
In an action alleging that defendant-landlord unlawfully refused to accept Section 8 vouchers as payment for rent, summary judgment for tenants in part is affirmed, and for landlord in part is reversed, where: 1) federal housing law prevented landlord from unilaterally declaring that the units in question were no longer being offered for rental housing, but instead required that landlord meet the requirements of local law for making such a determination; and 2) the uncontested fact that landlord refused payment via voucher, while insisting it would accept cash, made out a facial violation of the District of Columbia Human Rights Act.
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Criminal Law & Procedure
[11/21]
Jimenez-Gonzalez v. Mukasey
Petition for review of an order of removal based on petitioner's conviction on a state charge of criminal recklessness is granted where criminal recklessness is not a crime of violence for immigration purposes.
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ERISA
[11/07]
Marrs v. Motorola, Inc.
In an ERISA class action, plaintiff-appellant's motion for leave to correct his notice of appeal to clarify that he was appealing in both his individual and representative capacities is denied where, under Fed. R. App. P. 3(c), failure to indicate that a class representative is appealing in his representative capacity stripped the court of jurisdiction to hear the arguments of the class.
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Consumer Protection
[11/14]
H&R Block, Inc. v. Am. Int'l Specialty Lines Ins. Co.
Class actions filed against nationwide tax preparer H&R Block asserting a variety of statutory and common law claims arising out of H&R's Refund Anticipation Loan (RAL) program are excluded from "prior acts" coverage under professional liability "claims made" insurance policies because other class actions asserting similar claims were filed prior to the policy periods.
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Workers' Comp
[11/12]
Pratt v. Union Pac. R.R. Co.
In a suit against defendant-employer brought under the Federal Employers' Liability Act and the Locomotive Inspection Act for personal injuries suffered at work, a court order prohibiting defendant-railroad company from compelling plaintiff-employee to attend a medical examination or conducting a disciplinary hearing to terminate plaintiff's employment for refusing to provide it with medical evidence justifying his continued absence from work is affirmed where: 1) the trial court had jurisdiction to prohibit extra-judicial discovery because the civil rules of discovery provide independent authority to grant a protective order for misuse of the discovery process; and 2) the trial court did not abuse its discretion by awarding monetary sanctions where the sanctions served not to punish but rather to encourage voluntary compliance with the discovery procedures.
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