Sufficiency of Evidence
Relator and plaintiff‐appellant George Bellevue filed a qui tam action under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., and its Illinois analog, the Illinois False Claims Act (IFCA), 740 Ill. Comp. Stat. 175/1 et seq., on behalf of the United States and the State of Illinois against defendant‐appellee Universal Health Services of Hartgrove, Incorporated (“Hartgrove”).
Attorney Contempt – Disbarment
Husain appealed both the disbarment and the contempt finding to the district court. It assigned both appeals to the court’s five‐member Executive Committee, which handles the court’s disciplinary proceedings.
Court Error – Confrontation Clause Violation
The Sixth Amendment to the U.S. Constitution gives a criminal defendant the right “to be confronted with the witnesses against him”; that right applies to both federal and state prosecutions. Crawford v. Washington, 541 U.S. 36, 42 (2004) (citing Pointer v. Texas, 380 U.S. 400, 406 (1965)).
Duty to Defend and Reasonable Defense Fees
In 2014, Mary Haley and others filed a putative class action against Kolbe & Kolbe Millwork Company, claiming that windows purchased from Kolbe were defective and had allowed air and water to leak into (and damage) the plaintiffs’ homes.
Eleventh Amendment – Medicare Statue Violation
The plaintiffs contend that their rates were not properly adjusted after a change in ownership of the nursing homes they run.
Sufficiency of Evidence
In 2013 the Sheriff of Whitley County, Indiana hired the County’s first black police officer ever, Terrance McKinney.
Bankruptcy Consolidation Action
This is a consolidated appeal from judgments entered by the bankruptcy court and affirmed by the district court, in favor of the defendant Ira Bodenstein, the Chapter 7 trustee of the estate of Peregrine Financial Group (“Peregrine”).
Sentencing Guidelines
Stacy Lee Harden, Jr., pled guilty to possessing with intent to distribute five kilograms of cocaine in violation of 21 U.S.C. § 841(a)(1).
Sufficiency of Evidence and Jury Instructions
This case involves allegations of spoofing and commodities fraud in this new trading environment.
Court Error – Order of Restitution
Deandre Anderson, who pleaded guilty to armed bank robbery, challenges an order of restitution.
Validity of Contract and Statue of Limitations
Pine Top tells us that this statute allows the liquidator to ignore the treaties, wait until the end of the liquidation, and then submit one bill netting multi-decade balances across multiple treaties.
Abuse of Discretion – Failure to Hold Evidentiary Hearing
In April 2011, the police arrested Aaron Schreiber for robbing a liquor store in Summit, Illinois.
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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