Home / Opinion Digests /

Opinion Digests

Jury to decide if prison officials violated inmate’s rights (access required)

Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

Read More »

Sprint customer contract found ambiguous (access required)

Where Sprint argued that Wireless Buybacks, by purchasing phones from Sprint’s customers for resale, tortiously interfered with contracts between Sprint and its customers, the contracts were found to be ambiguous on whether the practice was forbidden. Background Besides providing cellular ...

Read More »

Defendant’s designation as armed career criminal to be reconsidered (access required)

Where the defendant’s challenge to his designation as an armed career criminal is not barred by the statute of limitations, the law of the case or a waiver, the district court must consider his arguments that his prior robberies no ...

Read More »

Unlawful search rescued by ‘good faith’ exception (access required)

Where a search warrant affidavit was found not sufficient to establish probable cause, testimony from the investigating officer revealed facts not contained in the warrant and supported the belief that evidence of child pornography would be found on the electronic ...

Read More »

Process to challenge inclusion in terrorism database deemed inadequate (access required)

Where the current post-inclusion process of challenging being listed in the federal government’s Terrorist Screening Database, or TSDB, does not provide a constitutionally adequate opportunity to rebut evidence relied upon in assigning a person TSBD status, it violates the Due ...

Read More »

Life insurer faces claims for alleged fraudulent conduct (access required)

Where policyholders alleged their life insurer provided only “half-truths” in order to persuade the plaintiffs to keep their policies, when they would not have done so otherwise, the court denied the insurer’s motion to dismiss the fraud and unfair trade ...

Read More »