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Prieto v. Mammula - Excessive Force Claim Dismissed
The Commonwealth Court of Pennsylvania affirmed the trial court's grant of summary judgment to six Philadelphia police officers, dismissing Andres Prieto's excessive force claim. The court also affirmed the denial of Prieto's petition for leave to amend his complaint. The appellate court found no error in the trial court's rulings and denied Prieto's appeal.
Gateway Health Plan v. DHS - Bid Protest
The Pennsylvania Commonwealth Court reversed two determinations by the Department of Human Services denying bid protests filed by Gateway Health Plan, Inc. d/b/a Highmark Wholecare regarding Request for Application No. 31-22 for the Community HealthChoices managed care program. The court found that DHS failed to follow the law and solicitation requirements in its procurement process. The RFA award was cancelled.
Elizabeth Borough v. Kolodziej - Emergency Demolition Order Affirmed
The Commonwealth Court of Pennsylvania affirmed the trial court's order granting Elizabeth Borough's Petition for Emergency Demolition, authorizing the Borough to raze a partially collapsed two-story commercial structure at 113 South Second Avenue. The court also affirmed the lien imposed on the property owners, Kenneth and Lori Kolodziej, for the costs of demolition, debris removal, and grading.
Rivera-Perez v. Stover habeas corpus, Second Circuit, March 26
Rivera-Perez v. Stover habeas corpus, Second Circuit, March 26
Ramsay v. Bondi - Immigration Removal Proceedings
The Second Circuit granted John Marcus Ramsay's petition challenging the BIA's denial of his motion to reopen removal proceedings. The court found the BIA misread Ramsay's arguments regarding equitable tolling and due diligence in filing his motion within thirty days of United States v. Minter. The case is remanded to the BIA for further consideration consistent with the opinion.
Petersen EnergÃa v. Argentina - Securities Expropriation
The Second Circuit decided consolidated cases involving Petersen EnergÃa and Eton Park Capital Management as minority shareholders of YPF S.A. against Argentina and YPF S.A. The court affirmed in part and reversed in part the SDNY judgment stemming from Argentina's expropriation of oil company shares, held that breach of contract damages claims are not cognizable under Argentine law, and remanded for further proceedings. The district court had entered judgment awarding $16.1 billion in damages.
Waldman v. Palestine Liberation Org. - Terrorism Damages
The Second Circuit decided motions in consolidated terrorism damages cases Waldman v. PLO (15-3135-cv) and Sokolow v. PLO, reducing the prior $218.5 million judgment. The court addressed damages for terrorist attacks in Jerusalem and Tel Aviv. The decision affects how civil damages are calculated in terrorism-related cases under the Anti-Terrorism Act.
Vidal v. Venettozzi - Prison Disciplinary Due Process
The Second Circuit vacated the Southern District of New York's summary judgment in Vidal v. Venettozzi, ruling that 270 days (or 180 days served) of disciplinary segregation in the Special Housing Unit constitutes an atypical and significant hardship triggering Fourteenth Amendment due process protections. The court held that prison officials must provide basic procedural safeguards including the opportunity to call witnesses and present documentary evidence at disciplinary hearings when confinement duration meets this threshold.
United States v. Michael Williams - Supervised Release Revocation
The Sixth Circuit affirmed the district court's revocation of Michael Williams's supervised release and consecutive sentences. Williams had violated supervised release conditions by distributing cocaine while on supervision following a prior federal drug trafficking conviction. The appellate court rejected Williams's claims that his within-Guidelines sentence for the supervised release violation was procedurally unreasonable and that the district court inadequately explained its rationale for consecutive sentences.
United States v. Tony Wilkinson - Felon Firearm Possession
The Sixth Circuit affirmed Tony Wilkinson's conviction for possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1). Wilkinson had pleaded guilty to the single count in the Eastern District of Kentucky. The appellate court found no reversible error in the proceedings. The decision is non-precedential.
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