November 2010 Archives

Remand of plaintiff's breach of contract suit to state court based on forum selection clause

FindWhere Holdings, Inc. v. Sys. Env't Optimization, 09-2155, concerned a plaintiff's suit seeking damages for breach of contract against defendant, its subsidiary, and two other individuals, arising from a contract wherein defendant agreed to act as plaintiff's exclusive reseller of global positioning systems (GPS) in several countries in the Middle East.

Motion to suppress in prosecution of defendant for possession of a firearm by an alien and possession of a firearm in a school zone

US v. Hernandez-Mendez, 09-4511, concerned a challenge to the district court's denial of defendant's motion to suppress in a conviction of defendant for possession of a firearm by an alien and possession of a firearm in a school zone is affirmed.

Conviction and life sentence for conspiracy to distribute and to possess with intent to distribute heroin

US v. Hickman, 08-4764, concerned a challenge to a conviction of defendant for conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin and possession of heroin with intent to distribute, and an imposition of a mandatory life sentence on the conspiracy count and a concurrent sentence of 360 months of imprisonment on the possession with intent to distribute count.

Res judicata does not bar plaintiffs' suit against former employer

Brooks v. Arthur, 09-1551, concerned a challenge to the  district court's dismissal of plaintiffs' section 1983 claims in concluding that the doctrine of res judicata barred the claims because the allegations made therein had been resolved administratively, in former correctional officers' suit against their former supervisors, in their individual capacities, asserting retaliation under 42 U.S.C. section 1983. In vacating the judgment, the court remanded the matter in concluding that there was no privity between the Department of Corrections and the defendants in their individual capacities.

Related Link:

• Read the Fourth Circuit's Full Decision Brooks v. Arthur, 09-1551

Child pornography-related convictions affirmed

US v. Hargrove, 08-5223, concerned a challenge to defendant's convictions and sentence for attempted transfer of obscenity to a minor, transfer of child pornography, and attempted enticement of a minor.

Suit for declaratory ruling challenging ATF's decision requiring gun shop owner to obtain manufacturer's license

Broughman v. Carver, 09-2095, concerned a challenge to the district court's grant of summary judgment in favor of the ATF, in a gun shop owner's suit seeking a declaratory ruling that he is a "dealer", not a "manufacturer", within the meaning of the Gun Control Act of 1968 (GCA). 

US v. Ide, 09-4833, concerned a challenge to the district court's grant of government's petition to revoke defendant's term of supervised release originally imposed in May 2002 as part of his sentence on a federal charge, claiming that defendant's commission of an additional state offense, along with his failure to file monthly reports, violated the conditions of his supervised release.  In affirming, the court held that, under the circumstances, a defendant's supervised release term is tolled under 18 U.S.C. section 3624(e) during the period that he spent in pretrial detention awaiting trial on the state charge for which he later was convicted.

Denial of petitioner's motion to terminate removal proceedings pursuant to section 1239.2(f)

Barnes v. Holder, 09-1782, concerned a Panamanian citizen's petition for review of a BIA's affirmance of an IJ's denial of his motion to terminate removal proceedings.  In denying the petition, the court held that the interpretation of section 1239.2(f) adopted in Hidalgo, holding that removal proceedings may only be terminated pursuant to section 1239.2(f) where the DHS has presented an affirmative communication attesting to the alien's prima facie eligibility for naturalization, and applied by the BIA in this case, is neither clearly erroneous nor inconsistent with the regulation.

Related Link:

• Read the Fourth Circuit's Full Decision in Barnes v. Holder, 09-1782

African-American plaintiff's suit against former employer for violations of Title VII and FMLA

Coleman v. Maryland Court of Appeals, 09-1582, concerned an African-American plaintiff's suit against Maryland Court of Appeals and individual defendants for violations of Title VII of the Civil Rights Act and the FLMA, claiming that he was fired for requesting sick leave because he is black.

Dismissal of plaintiff's suit against franchisee for lack of subject matter jurisdiction reversed

JTH Tax, Inc. v. Frashier, 09-2262, concerned a challenge to the district court's dismissal of plaintiff's suit for lack of subject matter jurisdiction, in plaintiff's suit against one of its franchisees, claiming that the franchisee breached his post-termination duties by using his former office to support a competing tax enterprise and by failing to return the requisite materials to plaintiff.

Permit requirements under the Clean Water Act apply to state agencies engaging in reclamation efforts.

W. Virginia Highlands Conservancy, Inc. v. Huffman, 09-1474, concerned a challenge to the district court's grant of an environmental group's request for declaratory and injunctive relief requiring West Virginia Department of Environmental Protection to obtain National Pollutant Discharge Elimination System permits under the Clean Water Act (CWA) for reclamation efforts at abandoned coal mining sites.

Denial of motion to suppress affirmed under exigent circumstances

US v. Taylor, 10-4234, concerned a challenge to the district court's denial of defendant's motion to suppress a gun found in his home and statements made at the time of arrest as the fruits of a warrantless search, in a prosecution of the defendant for being a felon in possession of a firearm.