Real Property-Commercial Lease-Lease Document-Missing Material Term
Plaintiff appealed the denial of its motion for a preliminary injunction and temporary restraining order. The parties negotiated and executed a lease document for a commercial property, but the lease […]
Insurance-Pharmacy Benefit Manager-Failure to Maintain Adequate Network-Unjust Enrichment
Plaintiff appealed the dismissal of his class action against defendant, the pharmacy benefit manager under his health plan. Plaintiff alleged that defendant unjustly enriched itself by failing to maintain an […]
Insurance-Liability Coverage-Duty to Defend-NIED
Plaintiff appealed the adverse summary judgment in his action seeking insurance coverage for two underlying lawsuits. Where the underlying NIED claims arose from allegations related to intentional acts, the district […]
Insurance-Homeowners’ Insurance-Water Damage-Scope of Coverage
Plaintiffs appealed the grant of summary judgment to defendant. Plaintiffs had a homeowners’ policy with defendant and filed a claim for water damage. Defendant denied the claim, concluding that the […]
Employer-Employee-Sex and Disability Discrimination-Wrongful Termination-Hostile Work Environment
Plaintiff appealed the grant of summary judgment in favor of defendants. Plaintiff sued the USDA, her former employer, for sex and disability discrimination, hostile work environment and wrongful termination, after […]
Driver’s License-License Suspension-Failure to Pay Child Support-Constitutionality
Plaintiffs appealed the denial of a preliminary injunction and the dismissal of their complaint. Plaintiffs filed suit challenging defendants’ policy of suspending drivers’ licenses for nonpayment of child support without […]
Criminal Law-Wire and Mail Fraud-Sufficiency of Evidence-Discovery Violations
Defendant appealed her conviction for wire fraud and conspiracy to commit mail fraud, stemming from her participation in a fraudulent magazine subscription scheme. Defendant challenged the sufficiency of the evidence […]
Criminal Law-Wire Fraud-Motion to Withdraw Guilty Plea-Substantive Reasonableness of Sentence
Defendant appealed his conviction and sentence for wire fraud, challenging the denial of his motion to withdraw his guilty plea without a hearing and the substantive reasonableness of his sentence. […]
Criminal Law-Unlawful Possession of Firearms-Consecutive Sentence-Mandatory Psychological Evaluation
Defendant appealed the sentence imposed by the district court, challenging the district court’s decision to impose a sentence consecutive to his existing state court sentence and a mandatory psychosexual evaluation. […]
Criminal Law-Sexual Abuse-Upward Variance-Substantive Reasonableness of Sentence
Defendant appealed the above-Guidelines sentence imposed following his guilty plea to sexual abuse of a child after the district court varied upward, challenging the substantive reasonableness of the sentence. Where […]
Criminal Law-Sexual Abuse-Calculation of Guidelines Range-Substantive Reasonableness of Sentence
Defendant appealed the sentence imposed following his guilty plea to sexual abuse of a minor pursuant to a plea agreement containing an appeal waiver. Defendant argued that the district court […]
Criminal Law-Robbery-Sentence Reduction-Guidelines Amendments
Defendant appealed the denial of his motion to reduce his sentence for robbery and a firearms offense following a retroactive amendment to the Guidelines lowered his criminal history category. Where […]
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