Appellate

Men’s Soccer Player’s Lawsuit Gives Rare Look at How Duke Decides Sexual Misconduct Cases

As litigation continues about whether Duke improperly suspended men’s soccer player Ciaran McKenna for rape, a superior court judge has allowed him to stay on campus as a student. After being suspended, McKenna sued Duke and Dean of Student Conduct Stephen Bryan on the grounds that the University violated its own policies during the disciplinary process. Hudson granted a preliminary injunction Wednesday that will allow McKenna—who was previously suspended six semesters—to remain at Duke for the time being. The injunction does not constitute a final determination that Duke erred, just that McKenna should not be suspended while either the court or a jury further decides the issue. After convincing the judge to make the complaint available publically, The Chronicle was able to review McKenna’s filing, which included exhibits, two hearing reports and supporting documents. The Chronicle has constructed a timeline and explanation of events based on the documents filed in court by McKenna’s lawyers and by the University. Those involved in the lawsuit either could not be reached for comment in time for publication or declined to comment. …


Court Won’t Hear City’s Appeal in Red-Light Camera Lawsuit

Mayor Rahm Emanuel’s administration suffered yet another setback Friday in its attempt to avoid refunding $200 million in fines and late fees issued to Chicagoans denied due process after being slapped with 1.5 million red-light and speed camera tickets. The Illinois Appellate Court refused to hear the city’s appeal of a lower court decision certifying the high-stakes lawsuit as a class action. …


Republican Lawsuit Forces NYC’s Hand on Identifications for Undocumented Immigrants

Staten Island Republicans convinced a state Apellate Division court to uphold an an injunction against Mayor Bill de Blasio’s plan to dump the personal files of applicants to the city’s municipal identification program, files believed to include the personal information of thousands of undocumented immigrants—prompting the administration to announce it would no longer hold on to any personal records of IDNYC participants at all. Earlier this week, Assemblyman Ron Castorina …


Did State Farm Bankroll Judge? Customers’ Claim Is Now Class Action

Some customers of State Farm Mutual Automobile Insurance Co. claim the company conspired to help elect an Illinois Supreme Court candidate so he could vote to throw out a $1 billion award against the company. Now they will be able to bring their case as a group. A federal judge on Sept. 16 ruled that 4.7 million State Farm policyholders can band together to sue the insurer for allegedly lying …


Madison County Taxpayers Off Hook for Corruption, but ‘exoneration’ for Leaders?

Madison County government is a unique place, maybe the only set of offices in the nation where there’s no jealousy, no backbiting, no water-cooler rumors and no intrigue. Amazing for a place that at its foundation is political, right? The county’s standing as a “no gossip zone” is the only conclusion one can reach based on the fact that no one claims to have known what corrupt, disgraced and …


Alabama’s Appellate Courts System Rigged to Block Minority Judges

Despite whites making up just under 70 percent of Alabama’s population, they hold 100 percent of the state’s civil and criminal appellate courts. In addition, Alabama’s Supreme Court has only had three African-Americans on its bench in the past 36 years, according to a lawsuit from the National Association for the Advancement of Colored People (NAACP). Many law firms have joined the NAACP’s …


Lawsuit: Current Election System of Alabama Appellate Judges Discriminates Against Blacks

A voting rights lawsuit filed Wednesday seeks to do away with the at-large elections of judges who sit on Alabama’s three appellate courts, including the Alabama Supreme Court. The at-large election system has been racially discriminatory towards African Americans, who make up more than a quarter of the state’s population, according to the lawsuit that suggests election by single-member …


US Appeals Court Rules Against EY’s Use of Class Action Wavers

The 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 against EY, making it the second appellate court to support the NLRB’s position that federal labor law prohibits workers’ arbitration agreements from including class action waivers. On the other hand, two appellate courts have rejected the NLRB’s view, making it likely that the U.S. Supreme Court will …


The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and scathing dissents. He was also the fifth conservative vote on a court that now finds itself divided, which has not only set off a bitter political fight regarding his …