April 24, 2007

Table of Contents

LATEST SUMMARIES

AEROSPACE & DEFENSE, CIVIL PROCEDURE, INTERNATIONAL LAW, LABOR & EMPLOYMENT LAW, TRANSPORTATION
• Ventress v. Japan Airlines

CIVIL PROCEDURE, CIVIL RIGHTS, HEALTH LAW, LABOR & EMPLOYMENT LAW
• Gambini v. Total Renal Care

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW, SENTENCING
• US v. Olmos-Esparza

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LATEST SUMMARIES

AEROSPACE & DEFENSE, CIVIL PROCEDURE, INTERNATIONAL LAW, LABOR & EMPLOYMENT LAW, TRANSPORTATION
Ventress v. Japan Airlines, No. 04-17353, 05-15044, 06-15904
The Friendship, Commerce, and Navigation Treaty between the U.S. and Japan does not preempt California's whistle blower protection laws. Read more...

CIVIL PROCEDURE, CIVIL RIGHTS, HEALTH LAW, LABOR & EMPLOYMENT LAW
Gambini v. Total Renal Care, No. 05-35209
In an action setting forth Family Medical Leave Act and state discrimination law claims, denial of employee's motion seeking judgment as a matter of law and a new trial after a jury verdict in favor of former employer is affirmed in part as to the FMLA claim, but reversed in part where: 1) the district court abused its discretion when it declined to give an instruction stating that conduct resulting from a disability is part of the disability and not a separate basis for termination; and 2) the exclusion was not harmless error. (Amended opinion) Read more...

CRIMINAL LAW & PROCEDURE, IMMIGRATION LAW, SENTENCING
US v. Olmos-Esparza, No. 06-50276
Section 2L1.2 of the 2003 Sentencing Guidelines contains no time limitation on the age of convictions for purposes of calculating sentencing enhancements. Read more...