Court Error – Presentence Investigation Report
Keith Melvin hoped to obtain a copy of his presentence investigation report before his sentencing hearing.
FLSA Violation – Arbitration Agreements
The Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. (“FLSA”), requires employers to pay overtime wages to certain employees, see id. §§ 207(a), 213.
Plea Withdrawal – ACCA Violation
Albert Dowthard pleaded guilty to being a felon in possession of a firearm. 18 U.S.C. § 922(g).
Immigration – Removal Order
Jorge Baez-Sanchez, a citizen of Mexico, is removable as a criminal alien. His conviction for aggravated battery of a police officer renders him inadmissible.
Immigration – Removal Order
Ismael Rangel-Rodriguez and Eleazar Hernandez-Perdomo are both Mexican citizens who have never been lawfully admitted to the United States.
Sentencing Guidelines – Enhancement
Police found over 80 grams of red methamphetamine in a car.
Class Action – FDCPA Violation – Plain Language
Neal Preston brought this putative class action in which he claimed that Midland Credit Management, Inc. (“Midland”), had sent him a collection letter that violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692–1692p.
Judgment – Liability
The Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., requires the collector of a consumer debt to send the consumer-debtor a written notice containing, among other information, “the name of the creditor to whom the debt is owed.” § 1692g(a)(2).
Weekly Case Digests – February 10, 2020 – February 14, 2020
Weekly Case Digests – February 10, 2020 – February 14, 2020
ERISA – Fiduciary Duty
In Fifth Third Bancorp v. Dudenhoeffer, 573 U. S. 409 (2014), we held that “[t]o state a claim for breach of the duty of prudence” imposed on plan fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) “on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the se[...]
Bankruptcy – Automatic Stay
Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt collection efforts outside the umbrella of the bankruptcy case. 11 U. S. C. §362(a).
Successor Liability Claim – De Facto Merger
Lunda Construction Company (Lunda) alleges that Veritas Steel, LLC (Veritas), and third-party defendants Atlas Holdings, LLC (Atlas), and Bridge Fabrication Holdings, LLC, took unfair advantage of PDM Bridge, LLC's (PDM) loan defaults, "with the intent to gain ownership of PDM's lucrative steel fabrication business for grossly inadequate consideration through a secretive, unlawful and fraudulent p[...]
Legal News
- Milwaukee County District Attorney, UWM police address Jewish threats
- With GOP convention over, Milwaukee weighs the benefits of hosting political rivals
- Secret Service head resigns as Congress formally investigates
- Milwaukee Police Department issues statement regarding video release policy
- GOP convention sets the stage for the Democratic convention in Chicago, activists and police say
- Survey: Harris has enough delegates to be nominee
- Outside the RNC, small Milwaukee businesses and their regulars tried to salvage a sluggish week
- Biden called to resign immediately after the president announces he won’t seek reelection
- Biden drops out of 2024 presidential race, endorses Harris
- Local PA cops allegedly thought Trump’s would-be assassin was Secret Service
- Biden-Lead Secret Service admits agency denied past requests by Trump’s campaign for tighter security
- Class action filed against Walgreens
Case Digests
- Ineffective Assistance of Counsel; Double Jeopardy; Sentencing
- Ineffective Assistance of Counsel; Sexual Assault-Prosecutorial Misconduct
- Contract-Negligence
- Criminal Law; Juvenile Law; Discovery
- Family Law; Child Support; Property Division First paragraph(s)
- Ineffective Assistance of Counsel- Exclusion of Evidence of Witness Bias
- Postconviction Relief-Sentencing-Ineffective Assistance of Counsel
- 14th Amendment – Due Process
- Criminal-Sentencing Guidelines – Enhancement
- Bankruptcy-Tax
- Civil Rights – 14th Amendment-Jury Instructions
- Contract; Foreclosure and Property