April 23, 2007

Table of Contents

LATEST SUMMARIES

CIVIL PROCEDURE, CIVIL RIGHTS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW, REMEDIES
• Bourdais v. New Orleans City

CONTRACTS, INJURY AND TORT LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
• In re: S. Louisiana Sugars Coop. Inc.

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
• US v. Gomez-Guerra

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LATEST SUMMARIES

CIVIL PROCEDURE, CIVIL RIGHTS, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW, REMEDIES
Bourdais v. New Orleans City, No. 05-30517
In a suit brought by Caucasian fire recruit applicants alleging that city's race-conscious hiring policy impermissibly caused a delay in their hiring, a ruling finding that the policy did cause a delay, awarding most plaintiffs' damages, but denying them damages for lost pension benefits, is affirmed where the district court: 1) did not clearly err in finding each of the present plaintiffs' claims were timely; 2) appropriately dismissed plaintiffs who failed to show they suffered from an adverse employment decision; and 3) was within its discretion in denying pension-related damages. Read more...

CONTRACTS, INJURY AND TORT LAW, INSURANCE LAW, LABOR & EMPLOYMENT LAW
In re: S. Louisiana Sugars Coop. Inc., No. 06-30492
In an action in which plaintiff sought coverage from an insurer under a commercial general liability policy after it was sued for personal injuries by a third party, summary judgment for the insurer is vacated and remanded where the evidence relied upon by the district court, without further development, was insufficient to establish as a matter of law that the injured individual was a "leased worker" for purposes of an exclusion under the policy at issue. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
US v. Gomez-Guerra, No. 05-41789
A sentence for illegal re-entry is vacated and remanded where, for purposes of imposing a 16-level enhancement under the guidelines, the district court erred in finding that a prior Florida conviction for burglary was a "crime of violence" because defendant could have been convicted of merely entering a dwelling's curtilage, which would not qualify as the enumerated offense of "burglary of a dwelling". Read more...