Fifth Circuit Handdowns – January 28, 29, 30

Apologies for the lump posting; I’ve had a busy week (and so has the Court): Ryals v. American Airlines – 10-11035 (unpublished): affirmance of summary judgment in employment discrimination case. Plaintiff, a black Ethiopian female airline mechanic, alleged that she was given the worst assignments, disfavored in overtime assignment, called names and physically assaulted on account…

Decisions – Miss.S.Ct. – Jan. 30, 2014

Joshua Properties, LLC v. D1 Sports Holdings, LLC – this interloc. presents the question of whether Mississippi had personal jurisdiction over Tennessee-based DI Sports Holdings (TN). In 2007, Chris Snopek approached St. Dominics about opening a multi-use sports complex for the Jackson area and they entered into a letter of intent. That letter expired Feb.…

Decisions- Ct. App. – Jan. 28, 2014

Mississippi Dep’t of Public Safety v. Adcox – Court affirms workers comp. benefits for officer who was treated for PTSD after assisting in cleanup from Hurricane Katrina. MDPS claimed the Commission did not give suffucient weight to the testimony of its expert. Hale v. Miss. State Bd of Examiners for Licensed Prof. Counseling – .…

Fifth Circuit Handdowns – January 27, 2014

No handdowns last Friday that I could track down, because of a DNS attack on the entire federal judiciary. Huff v. Neal – 12-20762 (unpublished): Affirmance of Bivens action due to failure to exhaust administrative remedies. Affirmance of Federal Tort Claims Act claims because the complained actions fell within the discretionary function exemption. Villanueva v.…

Cell phone searches without a warrant – object!

I included this news in an earlier post but this subject deserves some attention. The United States Supreme Court will hear arguments in two cases that present the question of whether police can search the contents of a cell phone without a warrant. Until this issue is settled, you might as well object to the…

3rd Cir. – removal issue on appeal

According to HowAppealing the Third Circuit Court of Appeals has granted an appeal on the question of “Whether a defendant may remove a case a second time based on diversity jurisdiction more than one year after the commencement of the case?” Petition to Appeal Defendant’s reply Petitioner’s reply (note: this may seem obscure but removals/remands…