Analyzing the ALJ's Decision: Chris A. Martin's SSDI Appeal Outcome
Whitcomb Selinsky Consumer Law Blog
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3w ago
Chris A. Martin appealed a decision made by Kilolo Kijakazi, the then acting commissioner of social security, to the United States Court of Appeals for the Seventh Circuit. The case concerns Martin's partial denial of his application for Social Security disability benefits and was argued on February 7, 2023. The final decision was reached on December 19, 2023 ..read more
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Examining Prosecutorial Immunity: The Case of Larry Trent Roberts
Whitcomb Selinsky Consumer Law Blog
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1M ago
Larry Trent Roberts was exonerated after spending 13 years in prison for a murder he did not commit. He sued the assistant district attorney John Baer and others under § 1983 for fabricating evidence used to wrongly convict him. Baer attempted to dismiss the case on the grounds of absolute prosecutorial immunity, but the district court denied his motion. Baer appealed, arguing that his search for a new witness had served a prosecutorial function ..read more
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Supreme Court Decision Triggers Sentence Review for ACCA Offender
Whitcomb Selinsky Consumer Law Blog
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1M ago
In 2008, Samuel Jenkins admitted guilt to possessing a firearm as a felon, leading to a mandatory minimum sentence under the Armed Career Criminal Act (ACCA) due to his prior convictions for violent felonies or serious drug offenses. Among these prior offenses was an aggravated assault conviction under Pennsylvania law. Jenkins received a 15-year prison term and 5 years of supervised release, which he did not appeal ..read more
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Warren v DeSantis: Are Political Advocacy Statements Protected Speech?
Whitcomb Selinsky Consumer Law Blog
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1M ago
Andrew H. Warren, a state attorney, filed a § 1983 action against Ron DeSantis, the governor of Florida, alleging that DeSantis had unconstitutionally suspended him from office for his political advocacy. Warren sued, alleging the suspension violated his First Amendment Constitutional Rights. The district court found that DeSantis had both permissible and impermissible motives, and that two of the six factors that motivated DeSantis to suspend Warren were based on First Amendment-protected activity. However, despite this finding, the district court rejected Warren's claims on the merits, conc ..read more
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Burn Victim Sues Sunbeam & Target Following Crock-Pot Incident
Whitcomb Selinsky Consumer Law Blog
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2M ago
Georgina Perez purchased a Crock-Pot pressure cooker from Target in 2018. In June 2019, she was hospitalized for severe burns after the lid came off of the appliance while she was opening it. She proceeded to file a personal injury suit again the manufacturer, Sunbeam Products, its parent company Newell Brands, and Target ..read more
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Amended Healthcare Lien Ruled Inadmissible in Personal Injury Suit
Whitcomb Selinsky Consumer Law Blog
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2M ago
Background On September 26, 2019, Cory Wolven and Jeanmadi del Rosario Velez were involved in a car accident in Wheat Ridge, Colorado after Velez's failure to stop at a stop sign resulted in a collision with Wolven's vehicle. Wolven sustained significant spinal and neck injuries from the accident, prompting her to initiate a personal injury lawsuit against Velez on April 8, 2021. The jury delivered a verdict in favor of Wolven on October 13, 2022, awarding her a total of $1,953,443.00 in combined damages.  ..read more
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Colorado Court Upholds Damage Cap in Sears Personal Injury Suit
Whitcomb Selinsky Consumer Law Blog
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2M ago
In the case of Gebert v. Sears, Roebuck & Co., Jacqueline Gebert filed a personal injury suit against Sears after being electrocuted by her stove, which a Sears repairperson had incorrectly wired. Gebert won at trial and a jury awarded her $2.7 million in damages, but this was later reduced in post-trial motions filed by Sears.  ..read more
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Tawkify's Concealed Arbitration Requirement Challenged in Court
Whitcomb Selinsky Consumer Law Blog
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3M ago
In a recent class action lawsuit against Tawkify, Inc., a popular dating service, plaintiff Jeremy Stanfield challenged the validity of the company's arbitration requirement outlined in its terms of service (TOS). This case delves into the court's determination of the unconscionability of Tawkify's arbitration provision and highlights the distinguishing factors from a similar case involving 23andMe, Inc ..read more
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Wrongful Termination and Maritime Claims against Oasis Systems
Whitcomb Selinsky Consumer Law Blog
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3M ago
The case of Brian Compton v. Oasis Systems, LLC presents a legal dispute involving wrongful termination and various employment-related claims. This blog post examines the court's rulings and provides an analysis of the key aspects of the case. With a primary focus on the denial of Compton's motion to compel arbitration and the granting of Oasis Systems' motion to dismiss, we delve into the court's reasoning and the implications of its decisions ..read more
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Conviction Reversed in Securities Fraud Case Due to Trial Court Errors
Whitcomb Selinsky Consumer Law Blog
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3M ago
In this securities fraud case, Kelly James Schnorenberg appealed his conviction on the grounds of trial court errors. After a thorough review, the Court of Appeals agreed with Schnorenberg on several key points, ultimately leading to the reversal of his conviction. This blog post examines the case, the errors identified by the Court of Appeals, and the implications of their decision ..read more
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