Table of Contents LATEST SUMMARIES Government Contracts, Remedies, Attorney's Fees, Contracts, Civil Procedure, Attorney's Fees, Civil Procedure
• US v. IIF Data Solutions
Sentencing, Criminal Law & Procedure, Habeas Corpus, Evidence
• US v. MacDonald
Commercial Law, False Advertising, Civil Procedure, Commercial Law, Injury & Tort Law, Remedies, False Advertising
• PBM Products, LLC v. Mead Johnson & Co.
Criminal Law & Procedure, Sentencing, Criminal Law & Procedure, Habeas Corpus, Evidence
• Tice v. Johnson
Sentencing
• US v. Cioni
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LATEST SUMMARIES Government Contracts, Remedies, Attorney's Fees, Contracts, Civil Procedure, Attorney's Fees, Civil Procedure
US v. IIF Data Solutions, No. 09-2280
In an appeal arising from an action brought under the False Claims Act, judgments of the district court is affirmed in part and reversed in part where the court properly refused to enforce a settlement agreement in the absence of a required approval by government, committed no reversible error during trial, but erred in awarding attorney fees because action was not clearly frivolous. Read more... Sentencing, Criminal Law & Procedure, Habeas Corpus, Evidence
US v. MacDonald, No. 08-8525
In a 28 U.S.C. section 2255 motion for post-conviction relief from the conviction of first degree murder, judgment of district denying DNA motion on the ground that it lacked jurisdiction in the absence of an additional prefiling authorization is reversed because district court erred in assessing claim for relief by taking an overly restrictive view of what constitutes the evidence as a whole under section 2255. Read more...
Commercial Law, False Advertising, Civil Procedure, Commercial Law, Injury & Tort Law, Remedies, False Advertising
PBM Products, LLC v. Mead Johnson & Co., No. 10-1421
In a false advertising action under the Lanham Act, 15 U.S.C. section 1125(a), judgment in favor of the plaintiff is affirmed where district court: 1) properly dismissed counterclaims; 2) did not abuse its discretion admitting expert opinion testimony and evidence of prior litigation between the parties; and 3) properly issued an injunction proscribing conduct of defendant following adverse jury verdict. Read more... Criminal Law & Procedure, Sentencing, Criminal Law & Procedure, Habeas Corpus, Evidence
Tice v. Johnson, No. 09-8245
In an appeal from a petition for habeas relief based on a Strickland challenge, judgment of the district court granting petition is affirmed because failure by defense counsel to challenge a coerced confession on Miranda grounds constituted a significant violation of the right to effective counsel. Read more... Sentencing
US v. Cioni, No. 09-4321
Conviction and sentencing of defendant on an assortment of electronic communication offenses are upheld in part and overturned in part where offenses relating to obtaining information through unauthorized access to computers in violation of 18 U.S.C. section 1030(a)(2)(C) were improperly elevated from misdemeanors to felonies. Read more...
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