• Hartman v. Moore

U.S. Supreme Court

Hartman v. Moore (04/26/06 - No. 04–1495)

A plaintiff in a retaliatory-prosecution action must plead and show the absence of probable cause for pressing the underlying criminal charges.

http://laws.lp.findlaw.com/us/000/041495.html

U.S. 4th Circuit Court of Appeals

Yashenko v. Harrah's NC Casino Co. (04/27/06 - No. 05-1256)

Answering two questions of first impression for the circuit, the court holds: 1) the Family and Medical Leave Act does not provide a covered employee with an absolute right to be restored to his previous job after taking approved leave; and 2) a private employer that contracts with an Indian tribe is not subject to suit for race discrimination under 42 U.S.C. section 1981 when it enforces a contractual tribal preference policy.

http://caselaw.lp.findlaw.com/data2/circs/4th/051256p.pdf

U.S. 5th Circuit Court of Appeals

Int'l Interests, L.P. v. Hardy (04/26/06 - No. 04-21025)

Questions of law are certified to the Supreme Court of Texas regarding: 1) choice of law issues in an action to recover a deficiency; and 2) proper application of the law governing calculation of the deficiency.

http://caselaw.lp.findlaw.com/data2/circs/5th/0421025cv0p.pdf

U.S. 6th Circuit Court of Appeals

Int'l Bhd. of Teamsters AFL-CIO v. United Parcel Serv. Co. (04/26/06 - No. 05-5478)

Dismissal of a suit brought by a union claiming that it had a right to designate a representative on a safety committee established by its collective bargaining agreement with defendant is affirmed where the district court properly found that, under the Railway Labor Act, the dispute fell within the exclusive jurisdiction of the system adjustment board.

http://caselaw.lp.findlaw.com/data2/circs/6th/055478p.pdf

Moore v. Rohm & Haas Co. (04/26/06 - No. 05-3472)

Dismissal without prejudice of a purported class action suit brought by retirees involving defendants' denial of collectively-bargained-for health benefits is reversed where, under both the Labor Management Relations Act (LMRA) and the Employee Retirement Income Security Act (ERISA), venue was properly laid in the Northern District of Ohio.

http://caselaw.lp.findlaw.com/data2/circs/6th/053472p.pdf

Days Inn Worldwide, Inc. v. Patel (04/26/06 - No. 05-3010)

Denial of a motion for relief from judgment in a contract and Lanham Act case is affirmed where, although defendant did not have the requisite amount of time to respond to either a complaint or a default-judgment motion, there was no abuse of discretion in finding the motion untimely because appellant waited over eleven months after the district court acquired jurisdiction over him to file his motion.

http://caselaw.lp.findlaw.com/data2/circs/6th/053010p.pdf

U.S. 7th Circuit Court of Appeals

Chicago United Indus., Ltd. v. City of Chicago (04/25/06 - No. 05-4092)

Temporary restraining order is vacated, but the case as a whole is preserved, where: 1) the court has jurisdiction over the TRO since it was older than 20 days; 2) the TRO became moot after the City instituted new procedures and allowed plaintiff to bid on contracts; and 3) plaintiff's damage claims saved the rest of the case from mootness.

http://caselaw.lp.findlaw.com/data2/circs/7th/054092p.pdf

U.S. 8th Circuit Court of Appeals

State Farm Fire and Cas. Co. v. Nat'l Research Ctr. for Coll. & Univ. Admissions (04/28/06 - No. 05-1588)

Summary judgment for an insurer in a declaratory action in a dispute over reimbursement, defense, and indemnity under a business liability policy is reversed in part where a payment by an entity conducting surveys to a public school fund was "damages" under the policy at issue, and the insurer had a duty to defend against an Assurance presented by the Missouri Attorney General.

http://caselaw.lp.findlaw.com/data2/circs/8th/051588p.pdf

Cordry v. Vanderbilt Mortgage & Fin., Inc. (04/28/06 - No. 05-2778)

In a dispute between an operator of mobile home retail sales lots and a financing company, summary judgment for defendant-financing company on all of plaintiff's claims and its counterclaim is affirmed over claims of error relating to: 1) breach of an addendum; 2) fraudulent or negligent misrepresentation; 3) breach of the implied covenant of good faith and fair dealing; and 4) the counterclaim for breach of contract.

http://caselaw.lp.findlaw.com/data2/circs/8th/052778p.pdf

California Appellate Districts

Pacific Shore Funding v. Lozo (04/27/06 - No. B178694)

Summary judgment in favor of plaintiff mortgage lender is reversed as defendant borrowers are not precluded from rescinding a consumer credit transaction that is secured by their residence and subject to the Truth In Lending Act merely because they have already refinanced that loan.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b178694.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b178694.pdf

Olinick v. BMG Entm't (04/27/06 - No. B179478)

Order staying action on ground of inconvenient forum is affirmed where age discrimination and wrongful discharge claims are subject to employment agreement's forum selection and choice of law provisions, requiring disputes be tried in New York under New York law.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b179478.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b179478.pdf