Topic
Every decision we've filed under Summary Judgment.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations and was unjustly enriched regarding access to undersea telecommunications infrastructure. The court found sufficient evidence that the Master Services Agreement and Emergency Service Order remained in effect when Clearcom made its settlement guarantee.
The Ninth Circuit affirmed summary judgment for federal agents, ruling they retained qualified immunity because the warrant was not facially deficient and the agents did not deliberately deceive the magistrate. The court held that the affidavit provided a colorable argument for probable cause despite the Plaintiffs' allegations of overbreadth and misrepresentation.
The Ninth Circuit affirmed a bankruptcy court ruling that Clearcom, Inc. breached its contractual obligations to access the Paniolo Cable Company's undersea infrastructure. The court held that Clearcom failed to meet its burden of proving that the Master Services Agreement and Emergency Service Order were no longer in effect when it issued a settlement guarantee.
The Ninth Circuit affirmed a bankruptcy court's grant of partial summary judgment against Clearcom, Inc. for breach of contract and unjust enrichment regarding the Paniolo Cable Company infrastructure. The court held that sufficient evidence supported the Trustee's claim that the Master Services Agreement and Emergency Service Order remained active when Clearcom failed to pay.
The Third Circuit affirmed a summary judgment ruling that granted qualified immunity to a state trooper who omitted self-defense evidence from a probable cause affidavit. While the court established that officers must disclose known facts showing self-defense negates the mental state of charged crimes, it found the law was not clearly established at the time of the incident.
The Eighth Circuit affirmed the district court's grant of qualified immunity to Officer Harris, holding that no clearly established law prohibited his warning against using foul language in public near children during a noise complaint investigation. The court found that Ward's belligerent conduct provided arguable probable cause for a disorderly conduct arrest, defeating his constitutional claims.
The Seventh Circuit vacated a dismissal of an ADA claim because the district court failed to address the plaintiff's argument for equitable tolling. While the court affirmed that the plaintiff's initial intake form did not count as a statutory charge, it ordered a remand to determine if the agency's confusing communications warranted extending the filing deadline.
The Fourth Circuit vacated a district court judgment that granted qualified immunity to a police officer who deployed a K-9 against a non-threatening suspect. The appellate court held that the right to be free from unnecessary and disproportionate force by a police dog was clearly established at the time of the incident.
The Third Circuit affirmed summary judgment for Trooper Nicholas Stolar, holding that while omitting self-defense evidence from a probable cause affidavit can violate the Fourth Amendment, the right was not clearly established at the time of the arrest. Consequently, Trooper Stolar retains qualified immunity despite the court's new rule requiring officers to disclose known facts that conclusively negate the mental state of a charged crime.
The Fourth Circuit affirmed a district court's grant of summary judgment in a civil rights lawsuit challenging a traffic stop and arrest warrant. The court held that the officer had reasonable suspicion for the stop and that the warrant affidavit contained sufficient probable cause.