Quantcast
Home / Legal News (page 440) /

Legal News

Malicious Injury Case Analysis

Perhaps the most important thing to keep in mind regarding this case is that it concerns dismissal, rather than summary judgment. To proceed to trial, the plaintiff will have to present evidence; at this stage of the proceedings, allegations alone ...

Read More »

GAL Case Analysis

The decision makes some issues clear, but opens up some new questions. The decision makes clear that, where physical placement or custody is disputed, appointment of a guardian ad litem is mandatory, and that a judgment is invalid if none ...

Read More »

Sentencing Case Analysis

The court’s affirmance of a 37-month sentence, in the low end of a properly calculated guideline range, would not normally merit publication by the court, and could have been disposed of with summary disposition, but the court added several features ...

Read More »

Airbag Case Analysis

The court concluded its analysis of the jurisdictional issues by rhetorically asking itself, “Are we being fusspots and nitpickers in trying (so far with limited success) to enforce rules designed to ensure that federal courts do not exceed the limits ...

Read More »

Res ipsa loquitur inapplicable

Seventh Circuit: Doctrine does not apply to airbag defect case In some products liability cases, the plaintiff can obtain a res ipsa loquitur instruction, but not one claiming that an airbag deployed prematurely after the car hit a pothole. The ...

Read More »

Judge Deininger to retire

After serving more than 10 years on the Wisconsin Court of Appeals, Judge David G. Deininger will be stepping down from the District IV bench. Deininger, who has served on the court of appeals since 1996, will retire Jan. 31, ...

Read More »

LLC Case Analysis

The decision highlights a significant potential hazard in drafting dissolution provisions in the operating agreement for an LLC. As noted, the original opinion was withdrawn. Save for a couple minor changes, the only difference in the original and the reissued ...

Read More »

Costs Case Analysis

Although the court rejected the city of Chicago’s argument that the indigence exception to FRCP 54(d)(1) should be abolished, the court makes it decidedly more difficult for losing parties claiming indigence to avoid the imposition of costs. The opinion requires ...

Read More »

Indigency excuses payment of costs

What the court held Case: Emily Rivera v. City of Chicago, No. 06-1318 Issue: Is a losing party’s indigence a proper basis for denying costs pursuant to FRCP 54(d)(1)? Did the losing party meet its burden of showing indigence in ...

Read More »

Local Rules Case Analysis

The court’s holding — that sec. 802.08(2) preempts local rules governing the time for filing briefs and affidavits in summary judgment motions — is not novel. Although the court does not cite the case for authority, another district of the ...

Read More »

Concerted Action Case Analysis

In light of the court’s holding, it is clear that it will be a very rare case in which the concerted action theory applies. Other than the instance of two defendants engaged in drag racing, the court suggests no fact ...

Read More »

Consent Case Analysis

That the holding in this case is suspect can easily be understood by hypothesizing the following scene: a group of police officers are attending their equivalent of CLE, and being updated on recent search and seizure law. The instructor poses ...

Read More »

One Day Case Analysis

The court relies on its opinion in U.S. v. Wallace, 458 F.3d 606 (7th Cir. 2006), in striking down the one-day sentence, but the opinion in this case actually is much broader. In Wallace, despite a guideline range of 24-30 ...

Read More »

Temporary Plates Case Analysis

The court appears to issue a clear, easily-applied rule of law — temporary license plates do not constitute reasonable suspicion, and officers may not stop the vehicle to verify registration solely on the basis of that fact. Nevertheless, the decision ...

Read More »