April 20, 2007

Table of Contents

LATEST SUMMARIES

CIVIL PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW
• Jaskolski v. Gonzales

CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
• US v. Thompson

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
• Coulter v. McCann

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Swanson

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LATEST SUMMARIES

CIVIL PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW
Jaskolski v. Gonzales, No. 06-3508
In a suit where defendants accused of false prosecution for insurance fraud sought classification as federal employees for purposes of federal jurisdiction, defendants' appeal of the district court's denial of federal employee status is dismissed for lack of jurisdiction where a statute, as interpreted in Osborn v. Haley, 127 S. Ct. 881 (2007), that prohibits review of an order remanding a case back to the state court from which it was removed rendered the appeal unreviewable. Read more...

CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW
US v. Thompson, No. 06-3676
In a case against a section chief in Wisconsin's Bureau of Procurement alleging improper steering of a contract for political reasons, the conviction is reversed where there was no indication that defendant's motives were corrupt for purposes of 18 U.S.C. section 666, and neither an increase in salary for doing what one's superiors deem a good job, nor a feeling of increased job security, is a "private benefit" for the purposes of 18 U.S.C. section 1341. Read more...

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
Coulter v. McCann, No. 06-2457
District court order directing release of a prisoner after a habeas corpus petition is reversed where the state court's Batson hearing, while imperfect, was neither contrary to nor an unreasonable application of Batson. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Swanson, No. 05-4432
Sentence arising from a fraudulent scheme to siphon funds from defendant's employer and clients is affirmed over defendant's arguments that: 1) the district court erred in calculating the fraud loss and the amount of restitution; and 2) the court erroneously applied an upward adjustment for defendant's role as an organizer or leader of extensive criminal activity. Read more...