Employment law — workplace injury retaliation

Posted February 12, 2018 1:29 PM

Where the jury instruction regarding whether a jury had to find a railroad was not motivated by retaliation in firing an employee was a correct statement of the applicable law.The 7th U.S. Circuit Court of Appeals affirmed a decision by U.S. District Judge John Robert Blakey.In May 2010, Glen Armstrong was working as the conductor on a BNSF Metra line train that arrived at Union Station in Chicago at approximately 5:30 p.m. Armstrong’s supervisor, Chris Motley, was sitting in the “glasshouse,” an office …

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Insurance — evidence from underlying litigation

Where there is no ambiguity in a liability insurance policy, a court giving a declaratory judgment need not admit elements from the underlying suit unless it deems them necessary.
Immigration — appellate jurisdiction

Where immigration judge denied discretionary cancellation of removal on the basis of petitioner’s criminal record, panel lacked jurisdiction to review decision without colorable question of law.
Insurance — innocent insured

Where an insurance policy bars recovery in cases of misappropriation, an innocent insured may recover despite a coinsured’s misconduct unless the policy specifically prohibits it.
Criminal procedure — certificate of innocence

Where a defendant seeks a certificate of innocence he must demonstrate innocence of all acts charged in the indictment, not merely those of which he was convicted.
42 U.S.C. Sec. 1983 — discrimination in contract negotiations

Where large television distributors refused to pay retransmission fees to new owner of small-regional television stations, disparity in market power between former and current owner of stations served as race-neutral reason for decision.
Criminal procedure — pretrial release

Where defendant is arrested while on pretrial release for a felony, the state does not need to show that no condition would mitigate the danger he poses in order to revoke his release.
Criminal procedure — pretrial release

Where the state seeks pretrial detention, it is not required to explicitly address why each condition or combination of conditions would not mitigate the threat to safety defendant’s release poses.
Civil procedure — injunction

Where defendants failed to pay business taxes for years and district court denied injunction request from government aimed at ensuring future compliance, court’s decision was an abuse of discretion.