Justia Contracts Opinion Summaries

Defendant was charged with larceny in the third degree as an accessory and conspiracy to commit larceny in the third degree. Defendant moved to dismiss the charges on the basis of the State’s prior entry of a nolle prosequi on the same charges. The trial court denied the motion to dismiss. The appellate court reversed on the ground that the entry of a nolle on those charges and nolles on charges in three other cases was part of an agreement between the State and Defendant contemplating a global disposition supported by consideration. Therefore, the appellate court concluded that Defendant’s prosecution in the present proceeding was barred. The Supreme Court affirmed, holding that the agreement was ambiguous as to the parties’ intent and therefore must be construed in Defendant’s favor as a global disposition. View "State v. Kallberg" on Justia Law

Petitioner pled guilty to theft in exchange for the State’s recommendation that she receive no executed jail time. The district court did not follow the State’s recommendation and instead imposed a sentence of thirty days’ incarceration. Petitioner filed a de novo appeal to the circuit court and entered a plea of not guilty. The State subsequently offered a new plea agreement whereby, in exchange for Petitioner’s guilty plea, the State would recommend Petitioner receive thirty days’ incarceration. Petitioner filed a motion to enforce the plea agreement in the circuit court, contending that the state violated the terms of the district court plea agreement by altering its sentencing recommendation. The circuit court denied the motion, concluding that on de novo appeal, the district court plea agreement was no longer enforceable. The Court of Appeals affirmed, holding that the district court plea agreement did not extend to the de novo circuit court proceeding. View "Hartman v. State" on Justia Law

Appellant was indicted in three separate criminal cases for his involvement in various drug-related crimes. The parties eventually negotiated a plea deal that resolved the three criminal cases. The plea agreement memorialized a joint sentencing recommendation and contained a provision in which Appellant waived his right to appeal. After he was sentenced, Appellant appealed, arguing that the district court should have accepted the plea agreement’s guideline calculations. The First Circuit dismissed the appeal, holding Appellant’s appeal was barred by the appeal waiver, that the agreement’s sentence recommendation provision was not ambiguous, and that there was no breach of the plea agreement. View "United States v. Betancourt-Perez" on Justia Law

Patricia Cornwell, a well-known crime novelist, and her spouse filed suit against their former business managers Anchin Block & Anchin and the company’s principal, Evan Snapper, alleging New York state law claims of negligent performance of professional services, breach of contract, and breach of fiduciary duty. The jury returned a verdict in favor of Plaintiffs on all three claims and awarded Plaintiffs $51 million in damages. Thereafter, the district court vacated the jury’s decision, ruling that it had incorrectly instructed the jury and that Defendants’ statements to the Department of Justice (DOJ) were protected by a qualified privilege and therefore should not have been considered by the jury. The First Circuit reversed in part, holding (1) the district court correctly found that it incorrectly instructed the jury on New York’s statute of limitations for a breach of fiduciary duty claim; and (2) the district court erred in entering judgment as a matter of law for Defendants on the DOJ issue. Remanded for a new trial. View "Cornwell Ent., Inc. v. Anchin, Block & Anchin, LLP" on Justia Law

Moreno was arraigned for felony domestic violence and false imprisonment. The court issued a domestic violence protective order and set bail. Bankers issued a bail bond of $50,000 to secure Moreno‟s release. Moreno appeared at two hearings. On February 22, Moreno appeared for a plea hearing. The prosecutor announced that she was filing an amended complaint, adding misdemeanor counts of violating a protective order and aggravated trespass, and sought an increase to the bail amount. After an unreported bench conference, the court did not increase bail and set the preliminary examination for April 5. Moreno did not appear; the court ordered the bail forfeited. The court subsequently granted Bankers‟s request to extend the appearance period by 180 days to April 2013. In April 2013, Bankers moved to vacate the forfeiture and exonerate the bond, arguing that the court had materially increased its risk when it permitted Moreno to remain free after the amended complaint was filed. The court noted that the bond stated that it applied to “duly authorized amendments” and entered judgment on the bond. The court of appeal affirmed. Although the amendment to the complaint was not duly authorized, it did not materially increase the risk and did not require the court to vacate the forfeiture and exonerate the bond. View "People v. Bankers Ins. Co." on Justia Law

In 2010, Bail Bonds and Hamza jointly and severally secured a $75,000 appearance bond on behalf of Mohammed-Ali, an Ethiopian national (Hamza’s cousin), charged with smuggling a controlled substance, (khat), into the U.S., 18 U.S.C. 545. One condition of the sureties’ obligation was that Mohammed-Ali “comply with all conditions of release imposed by this court,” which included that he wear a GPS ankle bracelet. But 15 months later—at Mohammed-Ali’s request and without objection from the government—the court entered an order allowing him to remove the ankle bracelet. Neither counsel nor the court provided the sureties with notice of the motion or of the order. Mohammed-Ali fled to Ethiopia. The government sought judgment against the sureties. The district court granted the government summary judgment, reasoning that Bonds had constructive notice of the motion because it could have accessed the docket for Mohammed-Ali’s case, using the court’s electronic-filing system. The Sixth Circuit reversed. The risk the sureties agreed to accept was that Mohammed-Ali might flee notwithstanding his conditions of release, which included the ankle bracelet. That risk included the possibility that Mohammed-Ali might saw off bracelet and then flee. What the sureties did not accept was that the court would remove the bracelet for him. The purported “notice” was inadequate. View "United States v. Mohammed-Ali" on Justia Law

Segal, a lawyer, CPA, and insurance broker, and his company, were indicted for racketeering, mail and wire fraud, making false statements, embezzlement, and conspiring to interfere with operations of the IRS. Convicted in 2004, Segal was sentenced to 121 months in prison. After further proceedings, in 2011, he was resentenced to time served and ordered to pay $842,000 in restitution and to forfeit to the government his interest in the company and $15 million. In 2013, the parties entered a binding settlement that specified the final disposition of Segal’s assets. After the district judge approved the settlement the parties disagreed and returned to court. The agreement gave Segal two of eight insurance policies on his life outright and an option to purchase the others, but required that he exercise the option within six months of approval of the settlement. He opted to purchase one policy before the deadline and asked for an extension, claiming that the government had not promptly released money owed to him and had delayed his efforts to obtain information from the insurance companies. The Seventh Circuit affirmed refusal to extend the deadline, but reversed with respect to claims relating to Segal’s right to repurchase his shares of the Chicago Bulls basketball team. View "United States v. Segal" on Justia Law

After a bench trial, the district court found Defendant guilty of harassment. Defendant attended his sentencing hearing without his lawyer. After a brief colloquy with Defendant, the district court found that Defendant had validly waived his right to counsel. The court then sentenced Defendant to the maximum five-day jail term allowed for a term of probation for the harassment offense. The Intermediate Court of Appeals (ICA) upheld Defendant’s sentence, concluding that Defendant waived his right to counsel. The Supreme Court vacated Defendant’s sentence and remanded the case for a new sentencing hearing, holding that the record did not support a finding that Defendant’s waiver of counsel was knowingly and intelligently made. View "State v. Phua" on Justia Law

Jeffrey Healey and Edward Given, residents of the Massachusetts Treatment Center, were each civilly committed as a sexually dangerous person. Plaintiffs brought separate suits, which were later consolidated, challenging the conditions of their confinement and the adequacy of their sexual offender treatment. Plaintiffs sought equitable relief against the Massachusetts Department of Corrections and other state officials (collectively, the DOC). Both plaintiffs alleged violations of the Constitution and state statutory provisions, and Healey alleged that the DOC was not in compliance with the terms of a management plan (Plan) for the Center developed by the DOC during the course of prior litigation. The district court granted Plaintiffs declaratory and injunctive relief on some claims and entered judgment in favor of the DOC on the remaining claims. The First Circuit (1) reversed the declaratory judgment in favor of Healey on his contempt claim as well as injunctive relief compelling the Commonwealth’s compliance with the Plan’s provisions; and (2) affirmed the district court’s judgment in favor of Defendants in all respects with the exception of the judgment for Plaintiffs regarding the constitutionality of the pharmacological evaluation and treatment provided by Defendants, as that portion of the judgment was not challenged on appeal.View "Healey v. Dennehy" on Justia Law

The Ho-Chunk Nation, a federally recognized Indian Tribe, operates casinos in Wisconsin and nets more than $200 million annually from its gambling operations. Cash Systems, one of three businesses involved in this case, engaged in issuing cash to casino customers via automated teller machines and kiosks, check-cashing, and credit- and debit-card advances. Whiteagle, a member of the Nation, held himself out as an insider and offered vendors an entrée into the tribe’s governance and gaming operations. Cash Systems engaged Whiteagle in 2002 as a confidential consultant. Cash Systems served as the Nation’s cash-access services vendor for the next six years, earning more than seven million dollars, while it paid Whiteagle just under two million dollars. Whiteagles’s “in” was his relationship with Pettibone, who had been serving in the Ho-Chunk legislature since 1995. Ultimately, Whiteagle, Pettibone, and another were charged with conspiracy (18 U.S.C. 371) to commit bribery in connection with the contracts with the Ho-Chunk Nation and substantive bribery (18 U.S.C. 666). Whiteagle was also charged with tax evasion and witness tampering. Pettibone pleaded guilty to corruptly accepting a car with the intent to be influenced in connection with a contract. Whiteagle admitted that he had solicited money and other things of value for Pettibone from three companies, but denied actually paying bribes to Pettibone and insisted that he and Pettibone had advocated for Whiteagle’s clients based on what they believed to be the genuine merits of those clients. Convicted on all counts, Whiteagle was sentenced, below-guidelines, to 120 months. The Seventh Circuit affirmed, rejecting challenges to the sufficiency of the evidence on the bribery charges, the loss calculation, and admission of certain evidence.View "United States v. Whiteagle" on Justia Law