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Javier Lavagnino, Esq.

Javier Lavagnino, Esq.

Articles written

290

Latest Articles

  • Attorney Fee-Splitting Agreement Violated Ethics Rules, Plus Bankruptcy, Civil Procedure and Employment Matters

    Eng v. Cummings, McClorey, Davis & Acho, No. 09-2426, concerned a declaratory judgment action against a law firm seeking a judgment that plaintiff firm need not share a portion of the attorney's fees awarded to plaintiff in a personal injury action.  The court of appeals affirmed summary judgment for plaintiff on the ground that, even assuming there was a fee-splitting agreement between the parties, this agreement did not comply with Mo. Sup. Ct. R. 4-1.5(e). Gillette v. N.

  • Conviction for Willful Failure to Pay Child Support Upheld Over Venue Challenges

    In US v. Novak, No. 08-5254, the court of appeals faced an appeal from a conviction under 18 U.S.C. section 228(a)(3) for willfully failing to pay child support.

  • Conviction in Drug-Distribution Conspiracy Upheld Over Claim of Gov't Breach of Plea

    In US v. Quesada, No. 08-2183, the court of appeals handled an appeal from a defendant's conviction and sentence on criminal charges revolving around a drug-distribution conspiracy.

  • Denial of a Sentence Reduction Upheld

    In US v. Williams, No. 09-5331, a defendant challenged an order denying his motion to reduce his sentence for possession of with intent to distribute and for being a felon in possession of a firearm

    The Sixth Circuit affirmed the ruling as the career offender guidelines, and not crack cocaine guidelines, controlled his original sentence, and thus the district court lacked jurisdiction to resentence defendant under section 3582(c)(2).

  • Court-Martialed Prisoner not in BOP Custody for Civil Commitment as "Sexually Dangerous"

    In US v. Joshua, No. 10-6281, the court faced the issue of whether the government could civilly commit an individual who had been convicted and sentenced via military court-martial, then certified by the attorney general as "sexually dangerous" prior to his release.

    The court below had found that the government could not do so under the statutory scheme at issue, and the circuit court upheld dismissal of the government's petition for civil commitment of respondent under 18 U.S.C.

  • Denial of Veteran's Request for Free Medical Exam in Connection With Disability Claim Reversed

    In Colantonio v. Shinseki, No. 09-7067, the Federal Circuit faced a challenge to the decision of the United States Court of Appeals for Veterans Claims finding that petitioner was not entitled to a free medical examination in connection with his claim for compensation for a service-connected disability. In reiterating the interpretation of subparagraph B adopted in Waters v.

  • Challenge to Wiretaps Rejected in Gang-related Murder Conspiracy Case

    In Other Cases, A Plea is Vacated, and License Revocation Upheld

    In Arthur v. Dep't of Motor Vehicles, No. D055494, the Fourth District faced a challenge to a trial court's denial of a petition for a writ of mandate to set aside the Department of Motor Vehicles' suspension of petitioner's driver's license for driving with a blood alcohol content of .08 percent or greater.

  • Street Gang Members' Convictions Under RICO and VICAR Upheld, Plus Black Lung Benefits Act Case

    In US v. Ayala, No. 07-4577, the circuit court dealt with an appeal following the prosecution of members of a violent street gang under various statutes, including the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering (VICAR) statute.

  • Google AdWords Patent Suit Appeal Rejected, Plus Rulings in Other Patent and Antidumping Cases

    In Bid for Position LLC v. AOL, LLC, No. 2009-1068, the circuit court addressed an appeal in a patent infringement suit against defendants Google and AOL involving a patent describing a method for conducting a continuous auction, such as a consumers' auction on the internet for goods or services, or a vendors' auction for positions in an internet advertising display.

  • Dismissal of RICO Suit Against Health Insurer is Upheld, Plus Criminal Matters

    Riverview Health Inst. v. Med. Mut. of Ohio, No. 08-4431, involved an action brought by out-of-network providers of health care services against an insurer and its officers raising claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), ERISA, and state law.

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