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Case Digests

Nov 2, 2016

Discretionary Reversal

Margaret and Charles Gagliano and their insurer (“the Gaglianos”) appeal from a judgment entered on a jury verdict dismissing all claims against defendant Aurora Health Care Metro, Inc. and its insurer (“Aurora”).

Nov 1, 2016

Railroad Safety Act Violations

The Federal Railroad Safety Act forbids a railroad to discharge or otherwise discriminate against an employee for conduct protected by the Act, including notifying the railroad that he has suffered a work‐ related injury.

Nov 1, 2016

Preliminary Injunction – Clayton Act

Court erred in denying preliminary injunction preventing merger by failing to properly analyze the relevant geographic market.

Nov 1, 2016

Untimely Petition

A jury convicted Ronald Marion Carpenter, Jr. of kidnapping, false imprisonment, and several counts of sexual assault.

Nov 1, 2016

HOBBS Act – Procedural Error – Sufficiency of Evidence

Evidence was more than sufficient to show nexus between offense conducted by the appellants and interstate conduct to satisfy the HOBBS act violation charges.

Nov 1, 2016

Americans with Disabilities Act

The plaintiff filed this suit against her former employer, defendant Christian Brothers Services (the parties refer to it as CBS), charging disability discrimination.

Nov 1, 2016

Sentencing

Charles Haney pled guilty to possessing a gun as a felon. See 18 U.S.C. § 922(g)(1).

Nov 1, 2016

Employee Injury – Negligence

The plaintiff, Chance Kelham, a railroad engineer, sued the railroad that employed him, accusing it of having negligently caused him to be injured, for which he seeks compensation under the Federal Employers’ Liability Act, 45 U.S.C. §§ 51 et seq.

Nov 1, 2016

False Testimony – Obstruction

Oscar Rash, who was convicted of possessing a firearm as a felon, see 18 U.S.C. § 922(g)(1), challenges the district court’s decision to apply a two-level upward adjustment for obstruction of justice.

Nov 1, 2016

Sentencing

Matthew Elder was convicted for conspiracy to distribute methamphetamine and sentenced to a mandatory term of life imprisonment.

Oct 31, 2016

False Presentment

This matter is before us on remand from the United States Supreme Court for reconsideration in light of its recent decision in Universal Health Services, Inc. v. United States, 136 S. Ct. 1989 (2016).

Oct 31, 2016

ERISA – Appropriate Equitable Relief

A self-funded ERISA plan has sued several independent health insurers seeking reimbursement for medical expenses it paid on behalf of beneficiaries who were covered under both the plan and the insurers’ policies.

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