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Under Federal Common Law, Punitive Damage Award Under Surface Transportation Assistance Act Abates with the Death of the Claimant, Holds Sixth Circuit

In Weatherford U.S., L.P. v. United States Department of Labor, No. 21-3017 (6th Cir. May 24, 2023), the Sixth Circuit holds that – following federal common law – a punitive damage award entered by an administrative law judge Surface Transportation Assistance Act does not survive the death of the claimant. “Daniel Ayres brought an administrative…

Seventh Circuit Merits Panel Overrules Motion Panel, Revoking Appointment of Appellate Counsel That Resulted in “Forbidden” Hybrid Representation

In United States v. Njos, No. 21-3412 (7th Cir. May 22, 2023), a Seventh Circuit holds – in the fullness of time – that the court’s motion panel should not have appointed counsel in behalf of a criminal defendant to pursue an argument that the defendant expressly waived, and therefore grants the defendant’s motion to…

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