Case Summaries Family Law Criminal Law & Procedure Contracts
Family Law [02/13] In re Coppock
In a contempt action which ex-wife violated divorce decree enjoining "coarse or offensive" communications with ex-husband, petition for writ of habeas corpus is granted and order of contempt is set aside as void where: 1) the injunctive provision in issue was less than clear as what constituted "coarse or offensive" communication; and 2) the underlying judgment lacked decretal language necessary for enforcement by contempt. [02/13] State of New York v. U.S. Dep't of Health and Human Servs.
In challenge to defendant's determination that the state's failure to comply with the "judicial determination of reasonable efforts" requirements in 45 C.F.R. section 1356.21(b)(2) rendered it ineligible for federal reimbursement of foster care maintenance payments, dismissal of plaintiff's action is affirmed where: 1) state's contention that section 1356.21(b)(2) conflicted with the statute it implemented, 42 U.S.C. section 672(a)(1), was incorrect; 2) section 1356.21(b)(2) required a judicial determination of state compliance with the reasonable child placement efforts set forth in 42 U.S.C. section 671(a)(15) as amended by the 1997 Adoption and Safe Families Act; 3) the plain language of section 672(a)(1) signaled Congress's intent to incorporate all "reasonable efforts" discussed in section 671(a)(15) into section 672(a)(1); and 4) state's complaint was properly dismissed pursuant for failure to state a claim. [02/10] In re E.G.
In a family law matter, juvenile court orders terminating appellant-mother's parental rights are affirmed where: 1) until biological parentage is established, an alleged father's claim of Indian heritage does not trigger the requirement of Indian Child Welfare Act (ICWA) notice because, absent a biological connection, the minor cannot claim Indian heritage through the alleged father; 2) a paternity test established that the alleged father was not the biological father of the minor; and thus 3) ICWA notice was not required. [02/06] Wolf v. Fauquier County Bd. of Supervisors
In a case involving the reporting and investigation of suspected child abuse, grant of summary judgment in favor of private and public defendants is affirmed where the state, in designing its child abuse reporting scheme and its social services apparatus, decided the costs of an occasional mistaken report were far less than the costs of lasting harm to the lives and safety of young children. [01/29] In re Marriage of Berger
In an appeal from judgment in a marriage dissolution action, denial of wife's petition for spousal support and award of attorney's fees is reversed where: 1) while divorced parents have the same right to pursue happiness as all other citizens, they cannot do so by abrogating their obligation to support their families; 2) divorced parents cannot voluntarily defer salary, live extravagantly off their sizeable assets, and plead poverty at the support hearing; and 3) the court erred in failing to recognize that husband's income should have been measured by the earnings he had chosen to give back to his company.
Criminal Law & Procedure [02/13] US v. Campusano
Defendants' sentences for drug offenses are affirmed over claims that: 1) for purposes of a drug quantity determination, defendants never intended to buy one hundred kilos and they lacked the financial capacity to do so; and 2) the district court erred in imposing a two-level sentence enhancement for obstruction of justice based on their testimony at trial. [02/11] Billodeau v. State of Texas
In a conviction for felony theft and sentence of fifteen years' confinement, decision not to hold a hearing on criminal-appellant's motion for new trial is vacated where the docket-sheet entry, "Motion New Trial presented to court no ruling per judge," was sufficient to show that the motion was presented to the trial court as required by Rule 21.6. [02/11] Ivey v. State of Texas
Judge's suspension of criminal's appellant's sentence for misdemeanor offense of driving while intoxicated and replacement with community service is affirmed where a trial court may place an eligible defendant on community supervision even if the defendant has elected to have his punishment assessed by the jury and the jury does not recommend it. [02/11] Stokes v. State of Texas
In conviction for felony theft and sentence to fifteen years' confinement, decision to not hold a hearing on criminal-appellant's motion for new trial on the basis of ineffective counsel, is vacated where the docket-sheet entry, "Motion New Trial presented to court no ruling per judge," was sufficient to show that the motion was presented to the trial court as required by Rule 21.6. [02/11] Pollard v. State of Texas
In conviction for retaliation by "intentionally or knowingly" threatening to hurt much younger friend on account of friend's service "as a prospective witness", decision that criminal-appellant's 1986 murder conviction was inadmissible to show appellant's motive for threatening younger friend is affirmed where the evidence that appellant had actually killed a person, standing alone, did not make any fact of consequence more or less probable in this retaliation-by-threat prosecution.
Contracts [02/13] Noonan v. Staples
In a suit against plaintiff's former employer-Staples arising after he was fired from his job for allegedly padding expense reports, and a Staples executive then sent a mass e-mail to about 1,500 employees informing them that plaintiff had been fired for violating the company's travel and expense policy, summary judgment for Staples is affirmed in part and reversed in part where: 1) statements made in the e-mail were true; 2) nevertheless, there was a triable issue of fact as to whether the statements were made with "actual malice", which the court now concludes means "common-law malice"; 2) there was no triable issue of fact on a breach of stock options claim; and 3) a claim that defendant violated the severance agreement also failed. (Opinion on panel rehearing) [02/13] Answers in Genesis of Kentucky v. Creation Ministries Internatio
In a case involving issues of first impression, order compelling arbitration of its dispute with fellow ministry-plaintiff is affirmed where: 1) the district court properly compelled the parties to arbitration; and 2) the court did not abuse its discretion in declining to issue an antisuit injunction. [02/13] Pine Oak Builders, Inc. v. Great American Lloyd's Ins. Co.
In case against defendant-insurers for not breach of insurers' defense obligations for not defending plaintiff-homebuilders in suits by homeowners, grants of summary judgments are affirmed in part and reversed in part where: 1) court of appeals' holding that the Prompt Payment of Claims statute did not apply to insurer's breach of its duty to defend under a liability policy is affirmed where Lamar Homes, Inc. v. Mid-Continent Cas. Co. made clear that the statute did not apply to such situations; 2) the actual-injury rule should be applied to any remaining disputes about whether the property-damage claims fall within the terms of the insurance policies; and 3) defendant-insurer's duty to defend was not triggered by the petition against plaintiff. [02/12] Flint Hills Res. v. JAG Energy Inc
In breach of contract claim, judgment in favor of defendant-energy broker is reversed where: 1) the district court improperly imposed extracontractual requirements of commercial reasonableness and verifiable proof on plaintiff; and thus 2) the district court committed clear error in determining that plaintiff breached the contract. [02/12] Gale v. Carnrite Real Estate
In a breach of contract claim arising out of the purchase of a condominium in Mexico, grant of summary judgment in favor of plaintiff is reversed where: 1) plaintiff's breach of contract claim failed under either interpretation of Mexican tax law; and 2) because defendant's failure to pay taxes in 2000 is the only breach alleged by plaintiff, defendant is entitled to judgment on the breach of contract claim.
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