Quantcast
Home / Opinion Digests (page 7) /

Opinion Digests

State law claims on credit reporting not removable (access required)

Plaintiffs’ state law claims against Wells Fargo related to credit reporting were not removable to federal court because the Fair Credit Reporting Act does not preempt all claims related to credit reporting. Background Justin and Monica Newcomer filed this action ...

Read More »

Defendants’ appeal based on immunity is premature (access required)

Defendants who collected fines imposed in traffic and misdemeanor cases in municipal court were sued for overseeing and enforcing policies and practices that allegedly violated plaintiffs’ constitutional rights. The defendants could not immediately appeal the denial of their pre-discovery immunity ...

Read More »

Disabled employee’s claims headed to trial (access required)

Disputed evidence on whether an employee who struggles with mobility could have performed her job without extensive travel, whether the employer lacked a reasonable belief she could engage in such travel and whether she was terminated because of her disability ...

Read More »

Defense attorneys failed to explore mitigating evidence (access required)

Defense attorneys who represented a man sentenced to death for kidnapping and murder failed to investigate signs of Fetal Alcohol Syndrome in the case; their admission that they did not provide this potentially mitigating evidence prompts a new trial. Background ...

Read More »

Body cam footage supports denial of motion to suppress (access required)

Body camera footage showed officers had consent to enter the man’s residence and he was not in custody when questioned; therefore, the dismissal of a motion to suppress is upheld. Background After Ismael Azua-Rinconada was indicted for illegally entering the ...

Read More »

Temporary ex parte order does not satisfy SIJ requirements (access required)

A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status. Background Under 8 U.S.C. §1101(a)(27)(J), immigrant children may become lawful permanent ...

Read More »

First Amendment rights not violated by revocation of privileges (access required)

Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the president ...

Read More »

Defective indemnity letter bars auto crash appeal (access required)

Where defendant became liable for damages arising from an accident involving a leased vehicle, his circuit court appeal is dismissed because a letter from the vehicle’s owner was not a “written irrevocable confirmation of indemnity coverage” for appeal purposes. There ...

Read More »