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Criminal Law

Living Designs, Inc. v. E.I. DuPont de Nemours & Co.

The court reverses and remands a district court ruling in favor of a fungicide manufacturer that allegedly induced settlement of several commercial nurseries' prior products liability litigation in violation of the Racketeer Influenced...

United States v. Kuhn

The court holds that a district court erroneously granted a four-level downward departure in the sentencing of an individual for improperly discharging a pollutant into navigable waters and causing an employee to falsify test results to...

United States v. Overholt

The court overturns two individuals' conspiracy convictions for mail fraud, but upholds their conspiracy convictions for unlawfully injecting wastewater into disposal wells and attempting to cover up their crimes. The individuals were...

United States v. Koczuk

The court holds that a district court relied on several erroneous bases in reducing two individuals' sentences for smuggling sturgeon roe into the United States without a Convention on International Trade in Endangered Species of Wild...

United States v. Henderson

The court upholds an individual's conviction for digging a trench and maintaining barriers on public land and for failing to comply with a Bureau of Land Management (BLM) notice of immediate suspension, in violation of BLM's use and...

Bonide Prods., Inc. v. Cahill

The court upholds a district court decision dismissing a pesticide manufacturer's malicious prosecution claim against an agent of the New York State environmental agency and dismissing its claim that the agency's use of administrative...

United States v. Bragg

The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The...

United States v. Cunningham

The court affirms a district court decision convicting a chemical company operator of illegally transporting and disposing of hazardous waste in violation of the Resource Conservation and Recovery Act. The court first holds that the...

United States v. Merino

The court vacates a sentence that imposed a four-level upward adjustment against a company owner who unlawfully transported and stored hazardous waste. The lower court increased the penalty under the sentencing guidelines because the...

United States v. LeBlanc

The court vacates a sentence imposed under the U.S. Sentencing Guidelines (USSG) against a Canadian who pled guilty to eight counts of violating the Clean Air Act and six counts of violating a federal customs statute for...