Case Summaries
Evidence
Civil Rights
Professional Malpractice
Evidence
[10/06]
Enica v. Principi
In a claim brought by nurse-plaintiff employed by the Department of Veterans Affairs alleging failure to accommodate her disability, grant of summary judgment for defendant-employer is affirmed in part and vacated in part where: 1) plaintiff failed to present sufficient evidence to meet her burden of establishing that the Secretary of Veterans Affairs (VA) failed to accommodate her disability in 1996 or retaliated against her for engaging in protected activity under the Rehabilitation Act; and 2) there is sufficient evidence on record to establish a triable issue as to whether the VA failed to implement the accommodation requests at the time of plaintiff's transfer to the CSU in 2002.
[10/06]
Newman v. Metrish
Grant of an application for a writ of habeas corpus based on the insufficiency of the evidence supporting his conviction for second-degree murder and felony firearm is affirmed where there was neither direct nor circumstantial evidence placing petitioner at the scene of the crime.
[10/06]
Ley v. Visteon Corp.
In an action brought by individuals who purchased or otherwise acquired Visteon securities during a period between 2000 and 2005, grant of defendants' motions to dismiss plaintiffs' class action securities violation claims is affirmed where: 1) plaintiffs failed to allege a misrepresentation or omission of material fact regarding spin-off claims; 2) dismissal of Restatement-related claims was proper as plaintiffs' allegations failed to adequately plead a strong inference of scienter on the part of Visteon and individual defendants; and 3) plaintiffs also failed to allege a strong inference of scienter on the part of defendant-CPA firm.
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Civil Rights
[10/06]
Burrus v. State Lottery Comm'n of Indiana
In a Title VII suit by former employees against a state lottery, denial of defendant's motion to dismiss on the basis of sovereign immunity is affirmed where the lottery was not a state entity immune from suit.
[10/06]
Moore v. Tuleja
In a 42 U.S.C. section 1983 suit alleging that police used excessive force and denied medical care to a prisoner who died in his jail cell, denial of plaintiffs' motion for a new trial is affirmed where there was sufficient evidence to support the jury's verdict.
[10/06]
Equal Employment Opportunity Comm'n v. Lee's Log Cabin, Inc.
In an action alleging violations of the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed where: 1) plaintiff's alteration at the summary judgment stage of its claim to name AIDS, rather than HIV, as the basis for the claim, was too late to give defendant fair notice of the nature of the claim; 2) evidence regarding the effect of AIDS on complainant's life activities was therefore properly excluded; and 3) complainant was not a "qualified individual" under the ADA because she indicated she had a lifting restriction which could not have been accommodated by defendant.
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Professional Malpractice
[09/30]
Wood v. Jamison
In a malpractice action brought by the trustee of 78-year old decedent for defendant-attorney's role in performing legal services for client who convinced decedent that he was her nephew, judgment for damages, attorney's fees and costs based on legal malpractice, breach of fiduciary duty and financial abuse of an elder is affirmed where: 1) defendant failed to advise decedent of a conflict of interest; 2) defendant failed to advise decedent the investment was not appropriate for her, or at least to refer her to an independent investment advisor; and 3) defendant obtained an undisclosed profit from the transaction.
[09/26]
Martinez-Partido v. Methodist Specialty and Transplant Hosp.
In a medical malpractice case, reversal of a finding that plaintiff's required expert reports were adequate is vacated and remanded for consideration of plaintiff's request for an extension of time to cure deficiencies.
[09/25]
Wilkinson v. Zelen
In the context of legal malpractice actions stemming from an attorney's representation in an underlying criminal trial, a legal malpractice plaintiff must prove factual innocence and exoneration as to all transactionally related offenses comprising the basis for the underlying criminal proceeding in order to maintain a malpractice action.
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