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Case Summaries


[02/06] Mediterranean Shipping Co. v. Best Tire Recycling, Inc.
In a dispute arising out of a contract for the shipment of used tires from Puerto Rico to Vietnam, which accrued demurrage charges, port storage charges, and related administrative fees, apparently because it arrived late to Vietnam, the district court finding that defendant was the shipper, and therefore, pursuant to the bills of lading, was liable for the charges and fees to the carrier, is affirmed where was designated as the shipper on the bills of lading.

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Class Actions

[06/19] Ziglar v. Abbasi
In a putative class action against two classes of federal officials brought by men of Arab or South Asian descent who, following the September 11 terrorist attacks, were detained for periods of three to six months in a federal facility in Brooklyn and later removed from the U.S., alleging violations of Bivens, the Fourth Amendment, the Fifth Amendment and 42 U.S.C. section1985(3), which forbids certain conspiracies to violate equal protection rights, the Second Circuit's judgment affirming in most respects the District Court's decision to allow claims to proceed against the Warden-defendants but reversal as to allow claims to proceed against the Executive Official-defendants is reversed in part and vacated and remanded in part, where: 1) the limited reach of the Bivens action informs the decision whether an implied damages remedy should be recognized here; 2) a Bivens-type remedy should not be extended to the claims challenging the confinement conditions imposed on respondents pursuant to the formal policy adopted by the Executive Officials in the wake of the September 11 attacks; 3) the Second Circuit erred in allowing the prisoner abuse claim against Warden Hasty to go forward without conducting the required special factors analysis; and 4) petitioners are entitled to qualified immunity with respect to respondents' claims under 42 U. S. C. section1985(3).

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Commercial Law

[06/21] Monster, LLC v. Beats Electronics, LLC
In a petition for writ of mandate in an underlying tort action in which Monster alleged that Beats Electronics engaged in fraud to deprive them of interest in the company, and the headphone manufacturer filed cross-claims for breach of contract and argued that the court, rather than a jury, could determine the amount of damages, the petition is granted where defendant is entitled to a jury trial on the issue of attorney's fees.

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