Bell v. Norris, No. 07-3432. In December 1992, Albert Bell, a sixteen-year-old, and his accomplice, Terry Sims, robbed a grocery story. Bell served as a decoy to distract a store employee who Sims subsequently shot and killed. A second store employee began screaming, and Sims shot and killed the employee while Bell took money from [...]
Archive for November, 2009
Eighth Circuit holds that Arkansas state courts correctly followed the totality-of-the-circumstances test in concluding a minor had knowingly and intelligently waived his Miranda rights.
Posted in Constitutional Law, Criminal Law, tagged AEDPA, felony murder, habeas corpus, Miranda warnings on November 18, 2009 | Leave a Comment »
Small victory for The Game in defamation case against him.
Posted in Constitutional Law, First Amendment, Torts, tagged defamation, free speech, police misconduct on November 13, 2009 | Leave a Comment »
Rapper Jayceon “The Game” Taylor was at a mall in Greensboro, North Carolina, when security guards told one of his entourage to stop filming without permission. He refused. The security guards called police. The Game refused to leave, and a crowd gathered to support him. The police dispersed the crowd with pepper spray and arrested [...]
Arkansas Supreme Court holds that service of process of a complaint is not invalid merely because it is unsigned.
Posted in Practice & Procedure, tagged Rule 11, Rule 4, service of process on November 6, 2009 | 3 Comments »
Jones v. Turner, No. 08-1438. In this collection action, Guy Jones filed a complaint in the Faulkner County Circuit Court against J. Eric Turner and Carco of Arkansas, Inc. (“Carco”), on March 31, 2008. Turner and Carco filed a motion to dismiss, arguing that, while the complaint filed in the Faulkner County Circuit Court had [...]
Third Circuit determines that antitrust protections of Real Estate Settlement Procedures Act created a private right of action even if lender did not increase premiums.
Posted in Antitrust, tagged Antitrust, private mortgage insurance, Real Estate Settlement Procedures Act, reinsurance on November 3, 2009 | Leave a Comment »
According to its borrowers’ class action complaint, Countrywide Financial Corp. (“Countrywide”) forces buyers who put less than 20% down on their homes to buy private mortgage insurance (“PMI”) through one of six providers chosen by Countrywide. The providers then allegedly requested Countrywide to “reinsure” the policies with Countrywide affiliate Balboa Reinsurance Co. (“Balboa”) under a [...]
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