Justia Arbitration & Mediation Opinion Summaries

Articles Posted in Criminal Law
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In this case, the defendant, Bobby Quinton Gentile, pleaded guilty to conspiracy to possess with intent to distribute at least 500 grams of methamphetamine. He later appealed his sentence, arguing that the district court judge improperly coerced him into withdrawing his objections to the drug amount calculation in the Presentence Investigation Report by threatening to deny him his acceptance of responsibility points. The United States Court of Appeals for the Fifth Circuit found no plain error and affirmed the district court's decision. The court held that Gentile's argument that he was judicially coerced to withdraw his objections to the drug amount calculation fails under plain error review because, even assuming arguendo that the district court erred clearly by coercing him, Gentile did not show the error affected his substantial rights. His sentence was affirmed. View "USA v. Gentile" on Justia Law

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When Plaintiff became the subject of a federal indictment, the school department (Defendant) suspended her without pay from her position as a school adjustment counselor. Ultimately, the indictment was dismissed. Plaintiff sought reinstatement to her position, but Defendant terminated her employment. Plaintiff filed a grievance challenging the termination, and an arbitrator ordered that she be reinstated. Plaintiff then filed an action seeking confirmation of the arbitration award and back pay for the period of her suspension an the period between her termination and reinstatement. The superior court affirmed the arbitration award but granted summary judgment in favor of Defendant with respect to Plaintiff's back pay claims. The appeals court affirmed the denial of back pay with respect to the period between Plaintiff's termination and reinstatement but reversed with respect to the period of her suspension. The Supreme Court affirmed. Remanded. View "Serrazina v. Springfield Pub. Schs." on Justia Law

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Appellant Marcus Minix received documents from the county mediator stating that the county court had received a complaint against him for a violation of Ky. Rev. Stat. 514.030 and directing Appellant to mediation. After attending mediation, Appellant was informed he may need to return to mediation. Appellant petitioned the court of appeals for a writ prohibiting the county attorney from referring felony criminal complaints, including a felony complaint against him, to a mediator before presenting the complaints to a district court for review and issuance of a summons or warrant. The court of appeals denied the petition, finding it was without jurisdiction to address Appellant's claims. The Supreme Court affirmed, holding that a writ of prohibition may not be issued against non-judicial parties such as the Appellees, the county attorney and the mediator, and the substantive relief Appellant sought was within the original jurisdiction of the circuit court, not the court of appeals. View "Minix v. Roberts" on Justia Law