Table of Contents LATEST SUMMARIES Civil Procedure, Commercial Law, Administrative Law, Civil Procedure, Contracts, Insurance Law, Transportation
• Pacific Indemnity Co. v. Pickens Kane Moving and Storage Co.
Sentencing, Evidence, Criminal Law & Procedure, Sentencing
• Bibbins v. US
Administrative Law, Immigration Law, Civil Procedure, Civil Procedure
• Perez-Mejia v. Holder
Civil Procedure, Admiralty, Government Law, Civil Procedure, Injury & Tort Law, International Law
• Tobar v. US
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LATEST SUMMARIES Civil Procedure, Commercial Law, Administrative Law, Civil Procedure, Contracts, Insurance Law, Transportation
Pacific Indemnity Co. v. Pickens Kane Moving and Storage Co., No. 09-17824
In an action for carrier liability under the Carmack Amendment, 49 U.S.C. section 14706, judgment is affirmed where higher than released tariff set by the Surface Transportation Board in cases where a shipper elects the full value protection option but neglects to write a valuation figure on the bill of lading is accorded deference and award of costs was not an abuse of discretion. Read more... Sentencing, Evidence, Criminal Law & Procedure, Sentencing
Bibbins v. US, No. 09-16775
Conviction and sentencing of defendant for resisting a government agent and obstructing a license plate is upheld where sufficient evidence supports the mens rea element that he acted willfully. Read more...
Administrative Law, Immigration Law, Civil Procedure, Civil Procedure
Perez-Mejia v. Holder, No. 07-70118
In a petition for review of a decision of the BIA dismissing an appeal from an order of removal of petitioner, a native and citizen of Mexico, petition is denied where: 1) admissions and concessions by counsel for petitioner satisfied burden of proof; 2) the introduction of a criminal docket from prior conviction sufficiently established removability; 3) government is not estopped from removing petitioner even though it knew about his prior conviction when it granted him LPR status; and 4) petitioner is ineligible for a waiver of inadmissibility although his prior conviction predated his admission as an LPR. Read more... Civil Procedure, Admiralty, Government Law, Civil Procedure, Injury & Tort Law, International Law
Tobar v. US, No. 08-56756
In a tort and injury action arising from the search and seizure of a fishing boat in international waters by the US Coast Guard, Rule 12(b)(6) dismissal by the district court on the ground that the defendant had not waived sovereign immunity is affirmed in part and vacated in part where the Public Vessels Act (PVA), 46 U.S.C. 31101-31113, provides the basis for a conditional waiver, but district court failed to ascertain whether the condition of waiver, as a matter of law, was met. Read more...
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