Inmate property loss, failure to mail property home. Administrative Code violations are not actionable. No claim for contraband property. Judgment for defendant.
The 7th Circuit March 28 revived a "class of one" civil rights suit brought by a man who was issued 24 sham parking tickets by Chicago police. Somewhere between the first several and the twenty-fourth bogus tickets from officers of the same police unit, [the plaintiff's] grievance rose to the level of an actionable class-of-one discrimination claim," wrote Circuit Judge David F. Hamilton in Geinosky v. Chicago.
Intellectual Property: Trademark Infringement - Laches - Actionable Claim Where a champagne producer known for its Cristal Champagne brought a trademark infringement action against a Spanish winery over use of the "Cristalino" mark, the district court's grant of summary judgment to the Spanish winery on the grounds that the claim was barred by the equitable doctrine of laches is reversed because there was not an actionable claim in 1995 to support a finding of progressive encroachment, and the court also erred in finding that the winery suffered undue prejudice as a result of the delay in bringing the action.
The Alien Tort Claims Act ("ATCA") allows foreign claimants to bring causes of action in U.S. courts for violations of customary international law. Although the ATCA was originally used against sovereign-state defendants, courts now permit ATCA claims against private corporations. A recent district-court decision held that a claim against a U.S. corporation alleging violation of the rights to associate and organize was actionable under the ATCA. Such labor claims expose corporations to broad-based liability, offsetting the competitive advantages of labor outsourcing and heavily disrupting international commerce and foreign direct investment. However, this Note concludes that although a labor claim against a U.S. corporation might satisfy the basic jurisdictional requirements of the ATCA...
CONTRACTS CIVIL MISCELLANEOUS: Where the plaintiff sought benefit-of-the-bargain remedies and failed to allege a reliance-based injury, the gravamen of the plaintiffs complaint was for the breach of a contract, and the trial court properly dismissed a fraud claim. Generally, under Ohio law, the duty to disclose arises in business transactions only where (1) the parties are in a fiduciary relationship; (2) both parties to the transaction understand that a special trust or confidence has been reposed; or (3) full disclosure is necessary to dispel misleading impressions that are or might have been created by partial revelation of the facts. A civil conspiracy claim requires an underlying tortious act that causes an injury: if there is no underlying tortious act, then t...
... underlying tortious act, there is no actionable civil conspiracy claim.24 Gator argues that the u...
All screening is not good," Dr. liebowitz says flatly, "and there's the possibility of significant side eflects." With the body scan (or even a heart scan like I had), there's concern over unnecessary radiation doses. A full body scan is equivalent to exposing a patient to 500 chest X-rays. While the link between radiation exposure and cancer can't be precisely determined, there's no question that the more radiation we're exposed to, the greater our cancer risk. Which leads us to this inherently confounding question: Are the very tests we use to diagnose actually increasing the likelihood that we will develop one of those very conditions? "There's no end to what you can learn," says Dr. [Roberta Lee]. "But you can just do so much. But toward what end?" Dr. Lee, who studied with the god...
... this kind of knowledge that may not be actionable. Of course, the come-ons don't help. One such provvider, deCodeMe, makes this claim: "For only $985, we scan over one million variants...
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