Defendants-Appellants Mark Edw. Andrews, Lesley Simmons St. Germain, and David E. Simmons (“Appellants”) appeal the imposition of fee shifting by the district court. Plaintiff-Appellee D. Douglas Howard (“Appellee”) sued the Appellants in state court for defamation, and the Appellants remove...   MORE>>

Robert and Maria Thorpe (together “the Thorpes”) filed a 42 U.S.C. § 1983 lawsuit claiming individuals from the Mesa County Sheriff’s Department and the Grand Junction Police Department (collectively “Defendants”) violated their constitutional rights during an investigation and malicious ...   MORE>>

John Zuccarini is a judgment debtor who owns the rights to many Internet domain names. DS Holdings (“DSH”) is the assignee of the judgment against Zuccarini. DSH attempted to levy upon Zuccarini’s domain name holdings in the Northern District of California where VeriSign, the official registry...   MORE>>

This case presents two issues concerning damages under the Family Medical Leave Act of 1993 (“FMLA”). 29 U.S.C. §§ 2601-2654 (2006). In an issue of first impression, we consider whether the court, rather than the jury, determines the amount of the front pay award and whether the district court...   MORE>>

The Criminal Justice Act authorizes district courts to appoint counsel for criminal defendants if they are “financially unable” to hire counsel of their own. 18 U.S.C. § 3006A(b). The Act also permits a court to terminate the appointment, and order repayment for the services provided, if “at ...   MORE>>

Shakir Meux was sentenced in the instant case to a term of imprisonment and was ordered to pay a mandatory restitution. All postjudgment proceedings were referred by the district court judge to the magistrate judge. The magistrate judge granted the Government’s motion for turnover of funds. Meux a...   MORE>>

In March 2006, Tara Carlson struck a trailer being towed by a vehicle in which Bhavanidas Kode was a passenger. In June 2007, Kode brought a diversity action against Carlson claiming economic and non-economic damages totaling $1,000,000. Although Carlson admitted she was negligent and that her negli...   MORE>>

Miles Farm Supply challenges the district court’s summary disposition of its Kentucky-law claims that Helena Chemical Company aided and abetted a breach of fiduciary duty by three Miles employees and that, by aiding those employees, Helena tortiously interfered with Miles’ prospective contractua...   MORE>>

In Hudson v. McMillian, 503 U. S. 1, 4 (1992), this Court held that “the use of excessive physical force against a prisoner may constitute cruel and unusual punishment[even] when the inmate does not suffer serious injury.” In this case, the District Court dismissed a prisoner’s excessive force...   MORE>>

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty a...   MORE>>