Case Summaries
Family Law
Oil & Gas
White Collar Crime
Family Law
[02/08]
DG v. DeVaughn
In a class action against the Oklahoma Department of Human Services claiming that the department's agency-wide foster care policies and practices exposed all class members to an impermissible risk of harm, the district court's order certifying a class is affirmed where: 1) plaintiffs presented more than conclusory statements that defendants' agency-wide monitoring policies and practices, or lack thereof, created a risk of harm shared by the entire class; 2) due to the common risk of harm and the common underlying legal theory for asserting that risk, the district court acted within its discretion to find that typicality was satisfied; and 3) the injunction sought by plaintiffs applied to the proposed class as a whole without requiring differentiation between class members.
[01/14]
Arthur v. Arthur
In a dissolution of marriage action, judgment of the trial court permitting the wife to relocate after twenty months is vacated where, the petition for relocation should have been denied as a best interests determination in petitions for relocation must be made at the time of the final hearing and must be supported by competent, substantial evidence.
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Oil & Gas
[01/26]
PNGTS Shipper's Group v. FERC
In a petition for review of the Federal Energy Regulatory Commission's order certifying petitioner-shipper's capacity, the petition is dismissed for lack of jurisdiction where, because the shippers could not show an actual or imminent injury as a result of the challenged orders, they were not aggrieved pursuant to section 19(b) of the Natural Gas Act.
[01/22]
American Gas Ass'n. v. FERC
In a petition for review of the Federal Energy Regulatory Commission's revisions to its financial forms and reporting rules for interstate natural gas pipelines, the petition is granted where a dissenting commissioner raised an alternative possible approach but the Commission failed to address it.
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White Collar Crime
[02/02]
US v. Speakman
In a wire fraud prosecution, the district court's restitution order is reversed and remanded where a remand was appropriate to allow the government to present evidence of the proximate cause of the loss to defendant's employer, which paid an arbitration award to the victim of defendant's fraud.
[11/30]
US v. Berger
Defendant's bank and securities fraud sentence is vacated where, although the Dura Pharmaceuticals loss causation standard did not apply to criminal securities fraud, the district court applied an erroneous standard of proof in determining total loss for sentencing enhancement purposes.
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