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State’s Supreme Court reinstates cramming lawsuit
The state Supreme Court has reinstated an accounting firm's lawsuit alleging telecommunications companies inserted unauthorized charges its bills.
10-2748 U.S. v. Garcia-Oliveros
Sentencing Discretion Where the sentencing court did not address any mitigation factors offered by the defendant, the sentence is vacated. “We have recognized that the need for explanation typically is diminished when a sentence falls within the guidelines range, United States v. Curby, 595 F.3d 794, 797 (7th Cir. 2010); United States v. Harris, 567 […]
09-3940 Sussman v. Jenkins
Habeas Corpus Ineffective assistance The State of Wisconsin’s motion to stay the mandate is denied. “Harrington addresses the situation in which a state-court decision ‘is unaccompanied by an explanation.’ Here, the state appellate court issued an opinion and wrote: ‘We do not address whether counsel’s performance was deficient because we conclude that, even assuming deficient [&hellip[...]
09-2326 Edwards v. Briggs & Stratton Retirement Plan
Insurance ERISA Where an ERISA claimant failed to file a timely administrative appeal, the plan is not required to consider the appeal. “In this case, the Plan has fixed a clear deadline of 180 days for filing administrative appeals from denials of benefits, and the Plan has the right to enforce that deadline. Also, though […]
10-1239 EEOC v. Konica Minolta Business Solutions U.S.A., Inc.
Employment Race discrimination; EEOC subpoenas Where almost all of a company’s African-American employees are in a predominantly African-American neighborhood, the EEOC’s subpoena requesting information regarding employees who expressed an interest in sales work at other offices was properly enforced. “Nothing in this record suggests that the EEOC has strayed so far from either Thompson’s [...]
10-2729 Zellner v. Herrick
Employment Public employees Where a teacher used school computers to access pornography, summary judgment was properly granted to the school district on his claim that he was terminated for engaging in union activity. “Zellner argues that the history of animosity between the Union and the District—culminating in the December 15 publication of the Milwaukee Journal […]
10-2797 U.S. v. Landwer
Sentencing Sophisticated means enhancement Where a fraud lasted for seven years, the court properly enhanced the sentence for using sophisticated means to perpetrate the scheme. “Landwer’s conduct, however, falls within our interpretation of sophisticated means. Application of the adjustment ‘is proper when the conduct shows a greater level of planning or concealment than a typical […[...]
10-2436, 10-2468 & 10-2469 U.S. v. Courtland
Sentencing Separation of powers It did not violate the separation of powers doctrine for a sentencing court to educate himself about the crime and prepare a memorandum about it, where the court gave the parties the opportunity to respond to it. “Judges generally are under no obligation to relate all they have learned about a […]
10-1473 U.S. v. Cuevas-Perez
Search and Seizure GPS tracking devices It does not violate the Fourth Amendment for police officers to place a GPS tracking device on a suspect’s car. “The aspects of the search in Maynard that affected the court’s decision are absent here. The 28-day surveillance in Maynard was much lengthier than the 60-hour surveillance in the […]
09-3025 Koons v. U.S.
Criminal Procedure Ineffective assistance Where the defendant never informed his attorney of facts giving rise an alleged Fourth Amendment violation, counsel was not deficient. “But even if Koons’s allegations about the search are true, his appeal is foreclosed by the fact that he never informed trial counsel of the facts giving rise to the alleged […]
10-2980 be2, LLC, v. Ivanov
Civil Procedure Personal jurisdiction A state cannot exercise personal jurisdiction over a defendant who only created a website that has 20 users in that state. “The record before us does not show that Ivanov deliberately targeted or exploited the Illinois market. All that be2 Holding submitted regarding Ivanov’s activity related to Illinois is the Internet […]
10-3318 Lavin v. Rednour
Habeas corpus Appointed counsel When an attorney believes that a claim not certified for appeal is arguable, counsel should move the court to expand the certificate to include the claim. “Counsel has no obligation to argue claims that are not certified for appeal. At least one court, if not two (as when this court has […]
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