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(U.S. 6th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure) In a 42 U.S.C. section 1983 action based on alleged sexual harassment by a prison official, the dismissal of the complaint on statute of limitations grounds is affirmed, where a prior Sixth Circuit decision held that the Kentucky statute of limitations for Section 1983 purposes was one year.
Berrios v. New York City Hous. Auth.
(U.S. 2d Cir., Civil Procedure, Property Law & Real Estate) District court’s dismissal of plaintiff’s complaint for failure to state a claim is vacated and remanded where the court dismissed the claims asserted on behalf of an incompetent party without determining whether defendant was a proper guardian ad litem and without the incompetent party having the benefit of counsel. Defendant’s motion for in forma pauperis status for the purpose of vacating the judgment is granted, and the case remanded for the district court to either allow the continuation of the action with the incompetent party represented by a suitable guardian ad litem and counsel or to dismiss the action without prejudice.
Cardinal v. Metrish
(U.S. 6th Cir., Civil Procedure, Civil Rights, Government Law) In a 42 U.S.C. section 1983 action by a prisoner for failure to provide him with kosher food, summary judgment for Defendant is affirmed, where: 1) the District Court did not abuse its discretion by denying Plaintiff discovery because the discovery sought was not relevant; and 2) Defendant was entitled to sovereign immunity on Plaintiff’s Religious Land Use and Institutionalized Persons Act claim.
US v. Park Place Assocs., Ltd.
(U.S. 9th Cir., Civil Procedure, Dispute Resolution & Arbitration, Government Law) In an action seeking to confirm an arbitration award against the United States, the confirmation of the award is vacated, where the U.S. had not waived its sovereign immunity with respect to claims brought against it in the District Court, and thus the District Court lacked jurisdiction to confirm the award.
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Readers of the blog may be interested to read Michael E. Levine’s recently published analysis of alleviating airport congestion through slot auctions, Airport Congestion: When Theory Meets Reality, 8 Yale J. on Reg. 37 (2009). In the article, Levine critiques…
European Commission Investigates Star, oneworld
The European Commission announced yesterday that it has opened formal proceedings against members of the Star and oneworld airline alliances. According to its public statement, “the Commission is assessing whether the members’ joint activities” related to “managing schedules, capacity, pricing,…
Levine Link and Recommendation
Several weeks ago, the blog mentioned a new article by Professor Michael E. Levine, Airport Congestion: When Theory Meets Reality, 26 Yale J. on Reg. 37 (2009). Those interested in reading the article can access it through SSRN here. Readers…
Oberstar on Virgin America
Rep. James Oberstar has finally weighed-in on the matter of Virgin America’s citizenship. In a letter to U.S. Transportation Secretary Ray LaHood, Oberstar questioned the airline’s citizenship status and called for a public inquiry into the matter. As discussed previously…
Ambassador Bruton’s Remarks at the GMF
A copy of EU Ambassador John Bruton’s remarks at last Friday’s event sponsored by the International Aviation Law Institute and the German Marshall Fund are available online at the European Commission’s Delegation to the U.S. website here. In addition to…
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Though it’s now a week old, Mitchell Schnurman of the Fort Worth Star-Telegram wrote an excellent commentary on the ongoing negotiations between American Airlines and its pilots union.
Safety Transparency in the EU
Aviation lawyers Guido de Vos and Frans Vreede (whose earlier guest post on the blog is available here) of the Dutch firm AKD Prinsen Van Wijmen have written a fresh commentary on opening the European Commission’s database on airline safety…
On Protectionism and Alliances
A recent inquiry to the blog took note of our recent postings on protectionism and the aviation industry and asked if international airline alliances are not also “very dangerous mechanisms for allowing market-dominating behavior, which is detrimental to the consumer,…
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(U.S. 10th Cir., Civil Procedure, Labor & Employment Law) In a Title VII sex discrimination action, summary judgment for Defendant is affirmed, where: 1) there was no evidence of quid pro quo sexual harassment; and 2) Plaintiff’s termination could not be traced back to Plaintiff’s supervisor under the subordinate-bias theory.
Esquire Trade
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Fin., Inc. v. CBQ, Inc.
(U.S. 2d Cir., Civil Procedure, Per Curiam, Securities Law) In an action for breaches of debenture-related agreements and for securities fraud, district court’s grant of summary judgment for defendant on grounds that plaintiff’s claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present.
World Fin. Group, Inc. v. HBW Ins.
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Fin. Serv., Inc.
(Cal. App., Civil Procedure, Commercial Law, Constitutional Law, Contracts, Government Law, Labor & Employment Law, Trade Secrets) In an action involving trade secrets and confidential information, trial court’s denial of defendant’s Anti-SLAPP motion to strike the complaint filed against them by plaintiff is affirmed where defendants failed to meet their burden of proof to show plaintiff’s complaint was based on defendant’s protected activity arising out of acts done in furtherance of their free speech rights.
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April 28, 2009 2:33 am | 
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