Thursday, September 19, 2013

Hiatus

We hope to return to normal publishing soon.  This is a going concern, but precisely where it's going remains to be seen.

MB

Tuesday, September 03, 2013

8/27 - 9/3 -- List Only

We'd really like to get back to doing summaries for each case, but - for the nonce:

First Circuit:

2013/08/2812-1063P.01A12-1063 Aguirre v. Holder
    Board of Immigration Appeals (BIA)
2013/08/2812-1679P.01A12-1679 Dorpan, S.L. v. Hotel Melia, Inc.
    District Court of Puerto Rico, San Juan
2013/08/3012-1269P.01A12-1269 Soto-Hernandez v. Holder, Jr.
    Board of Immigration Appeals (BIA)
2013/08/3012-1517P.01A12-1517 Agyei v. Holder
    Board of Immigration Appeals (BIA)
2013/08/3012-2284P.01A12-2284 French v. The Bank of New York Mellon
    District Court of New Hampshire, Concord
2013/08/3012-2495P.01A12-2495 Awuah v. Coverall North America, Inc.
    District of Massachusetts, Boston


Second Circuit:
12-612Seybout v. Holder09-03-2013SUM
12-3746-cvMusco Propane, LLP v. Town of Wolcott Planning and Zoning Comm’n, et al.09-03-2013SUM
12-379Shalamberidze v. Holder09-03-2013SUM
13-339-cvBasile v. Connolly09-03-2013SUM
12-1843Lin v. Holder09-03-2013SUM
12-2681-cr(L)United States v. Escalera09-03-2013SUM
12-1262-cvShibeshi v. City Univ. of N.Y.09-03-2013SUM
11-5149-cvBender v. Lowe09-03-2013SUM
10-1166Leslie v. Holder08-30-2013SUM
12-657Lin v. Holder08-30-2013SUM
12-1834-cvMitchell v. Con Edison08-30-2013SUM
12-2066Padilla v. Holder08-30-2013SUM
12-1298Diallo v. Holder08-30-2013SUM
12-553Lin v. Holder08-30-2013SUM
11-3971Du v. Holder08-30-2013SUM
11-2746-agIlunga v. Holder08-30-2013SUM
12-2956-cvMerrill Lynch Capital Services, Inc. v. UISA Finance, USINAS Itamarati S.A.08-30-2013SUM
11-3161-cr(L)United States v. Morin08-30-2013SUM
12-1262-cvShibeshi v. City Univ. of N.Y.08-29-2013SUM
13-576-cvMitchell v. Faulkner08-29-2013SUM

Third Circuit:

Filed 09/03/13, No. 12-3575
USA v. Antonio Figueroa
USDC for the District of New Jersey

Filed 09/03/13, No. 12-2736
SemCrude LP v.
USDC for the District of Delaware

Filed 09/03/13, No. 12-2073
Bernardo Castillo v. Attorney General United States
Agency

Filed 09/03/13, No. 10-3218
Deborah Klein v. Douglas Weidner
USDC for the Eastern District of Pennsylvania

Filed 08/30/13, No. 12-4027
William Keitel v. Joseph Mazurkiewicz
USDC for the Western District of Pennsylvania

Filed 08/29/13, No. 12-1486
USA v. Terrell Davis
USDC for the Eastern District of Pennsylvania

Filed 08/27/13, No. 12-2808
In Re: RCS Capital Development v.
USDC for the District of Delaware

Filed 08/27/13, No. 12-2736
SemCrude LP v.
USDC for the District of Delaware

Fourth Circuit:

121537.P Town of Nags Head v. Matthew Toloczko (Diaz 08/27/2013) 
Published opinion after argument: Reversed and remanded 
Civil Private (EDNC Dever) 
________________________

(Apparently takes the "Not Needing to Clear the Decks at Summer's End" Prize. MB)

Fifth Circuit:

11-310498/28/2013USA v. Renee Pratt
12-103128/28/2013Natasha Whitley v. John Hanna, et al
12-202948/27/2013Carol Cantrell, et al v. Briggs & Veselka Company
12-302308/29/2013In Re: Deepwater Horizon
12-308908/30/2013USA v. Craig Nash
12-400858/27/2013Pilgrim's Pride Corporation v. Gary Agerton, et al
12-402448/29/2013USA v. Juan De Leon, Jr.
12-412628/28/2013Philip Davis, et al v. Signal Intl Texas GP, L.L.C
12-600058/29/2013USA v. Antonio Hughes
12-605478/30/2013Khagendra Sharma v. Eric Holder, Jr.
13-700078/30/2013Jessie Hoffman v. Bobby Jindal, et al

Sixth Circuit:

13a0249p.0611-30242013/08/26 John Drummond v. Marc Houk
    Northern District of Ohio at Youngstown
13a0249p.0611-30392013/08/26 John Drummond v. Marc Houk
    Northern District of Ohio at Youngstown
13a0250p.0611-34492013/08/26 James O'Neal v. Margaret Bagley
    Southern District of Ohio at Cincinnati
13a0251p.0611-63112013/08/26 USA v. Felix Booker
    Eastern District of Tennessee at Knoxville
13a0252p.0612-24342013/08/26 Dimitrios Papas v. Buchwald Capital Advisors, LLC
    Eastern District of Michigan at Detroit
13a0253p.0612-60432013/08/27 USA v. Sam Droganes
    Eastern District of Kentucky at Covington
13a0253p.0612-61442013/08/27 USA v. Sam Droganes
    Eastern District of Kentucky at Covington
13a0254a.06xx-xxxx2013/08/27 USA v. John Doe
    Northern District of Ohio at Youngstown
13a0255p.0612-61222013/08/28 Kenneth Seaton v. TripAdvisor LLC
    Eastern District of Tennessee at Knoxville
13a0256p.0612-34332013/08/29 USA v. Demario Denson
    Northern District of Ohio at Cleveland
13a0257p.0612-14272013/09/03 USA v. Theodore Stewart
    Eastern District of Michigan at Detroit
13a0258p.0610-25712013/09/03 Rebecca Jasinski v. Sheri Tyler
    Western District of Michigan at Grand Rapids

Seventh Circuit:


12-2383Riley J. Wilson v.
  Career Education Corporation
civil08/30/2013Final
 Opinion
Darrow
 concurs
12-2383Riley J. Wilson v.
  Career Education Corporation
civil08/30/2013Final
 Opinion
Hamilton
 concurs and dissents
12-2383Riley J. Wilson v.
  Career Education Corporation
civil08/30/2013Final
 Opinion
PerCuriam
12-2383Riley J. Wilson v.
  Career Education Corporation
civil08/30/2013Final
 Opinion
Wood
 concurs and dissents
12-3596USA v.
  Farshad Ghiassi
criminal08/30/2013Final
 Opinion
Rovner
13-1256USA v.
  Darius Howard
criminal08/30/2013Final
 Opinion
Hamilton
12-3041Sharon Laskin v.
  Veronica Siegel
civil08/29/2013Final
 Opinion
Bauer
12-3099Gilbert Aponte v.
  City of Chicago
civil08/29/2013Final
 Opinion
Tinder
12-3153Sharon Laskin v.
  Veronica Siegel
civil08/29/2013Final
 Opinion
Bauer
12-3299USA v.
  Norma Leonard-Allen
criminal08/29/2013Rehearing Denial Order
 Correcting Opinion
PerCuriam
12-3663USA v.
  Walter Stern , III
criminal08/29/2013Rehearing Denial Order
 Correcting Opinion
PerCuriam
12-3671Toby T. Watson v.
  Jennifer King-Vassel
civil08/28/2013Final
 Opinion
Kanne
12-3858Yohan Salim v.
  Eric Holder, Jr.
agency08/28/2013Final
 Opinion
Williams
12-1632USA v.
  Chad Iacona
criminal08/27/2013Final
 Opinion
Rovner
12-1930USA v.
  Lazaro Medina
criminal08/27/2013Final
 Opinion
Darrow
12-2738Sara Bridewell v.
  Kevin Eberle
civil08/27/2013Final
 Opinion
Easterbrook
12-2738Sara Bridewell v.
  Kevin Eberle
civil08/27/2013Final
 Opinion
Wood
 concurs

Eighth Circuit:

121720P.pdf   08/30/2013  American River Transportation  v.  United States, Corp of Eng
   U.S. Court of Appeals Case No:  12-1720
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Melloy, Circuit 
   Judge] 
   Civil case - Admiralty. Because the United States chose to appear in the 
   limitation action to contest the complaint filed by American River 
   Transportation, it was required to show that it had the requisite standing 
   to do so; here, the government did not have statutory standing because it 
   failed to file a claim in accordance with Federal Rule of Civil Procedure 
   Supplemental Rule F(5), which creates statutory standing requirements for 
   challenging limitations actions; therefore, because the government was 
   without standing, the district court erred by entertaining the 
   government's motion to dismiss the limitation complaint, and the order 
   dismissing the complaint is reversed. Chief Judge Riley, dissenting. 
  
123090P.pdf   08/30/2013  ABF Freight System  v.  IBT
   U.S. Court of Appeals Case No:  12-3090
   U.S. District Court for the Western District of Arkansas - Ft. Smith    
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judges] 
   Civil case - Labor law. For the court's prior opinion in the matter, see 
   ABF Freight Systems, Inc. v. Int'l Bhd. of Teamsters, 645 F.3d 954 (8th 
   Cir. 2011). The district court did not err in denying ABF's request to 
   appoint a disinterested tribunal to hear its grievance as the rules of the 
   National Grievance Committee provide a solution for the conflict ABF 
   alleges precludes the Committee from hearing the grievance and any action 
   for modifying the rules on this question is an issue for the Committee; 
   the district court correctly determined that it could not rule directly on 
   ABF's claim that the National Master Freight Agreement had been violated 
   based on ABF's argument that the grievance resolution process was not 
   available or futile; nor did defendants waive the grievance procedure and 
   elect to pursue the matter in court as their initial motions to dismiss 
   did not substantially invoke the litigation machinery. 
  
123161P.pdf   08/30/2013  Cynthia Roers  v.  Countrywide Home Loans, Inc.
   U.S. Court of Appeals Case No:  12-3161
                          and No:  12-3252
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Bye, Author, with Loken and Beam, Circuit Judges] 
   Civil case - Mortgages. The district court erred in granting the defendant 
   lender summary judgment on plaintiffs' claim for rescission of the three 
   mortgage agreements involving Cynthia Roers' nonmarital property as there 
   were genuine questions of fact as to whether there was a mutual mistake of 
   material fact concerning the property covered by the mortgages and whether 
   the mistake adversely affected the plaintiffs; the court did not err in 
   finding for defendants on plaintiffs' claims for negligent 
   misrepresentation and breach of fiduciary duty. 
  
123565P.pdf   08/30/2013  Cindy Adair  v.  ConAgra Foods
   U.S. Court of Appeals Case No:  12-3565
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Fair Labor Standards Act. The time plaintiffs spent donning 
   and doffing uniforms was excluded by agreement from the hours for which 
   they are employed, and since that time is not a covered part of the 
   workday, it follows that time spent walking between the clothes-changing 
   station and the time clock is not a part of the workday and workweek for 
   which the employer is liable to pay overtime compensation. 
  
[ August 29, 2013 ]


121752P.pdf   08/29/2013  Land O'Lakes, Inc.  v.  Employers Insurance Company
   U.S. Court of Appeals Case No:  12-1752
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Smith, Author, with Melloy and Benton, Circuit Judges] 
   Civil case - Insurance. District court did not err in concluding that a 
   letter the EPA sent the insured in 2011 informing it that the EPA 
   considered it a Potentially Responsible Party in connection with an 
   environmental cleanup constituted a suit for purposes of determining 
   whether the insured's breach of contract action against the insurer was 
   barred by the applicable statute of limitations; the insured's costs to 
   remediate the site fall within the "owned-property" exclusion in the 
   policy at issue. 
  
  
136037P.pdf   08/29/2013  Legendary Stone Arts, LLC  v.  Wendell Maness
   U.S. Court of Appeals Case No:  13-6037
   U.S. Bankruptcy Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. Legendary met its burden of showing that its 
   contacts with police and prosecutors were not an attempt to collect a debt 
   from the debtor in violation of the automatic stay; this shifted the 
   burden of proof to debtors to show that it was, and they failed to present 
   sufficient evidence to show that Legendary's intent in pursuing their 
   criminal prosecution was to collect a debt. 
  
[ August 28, 2013 ]


122984P.pdf   08/28/2013  United States ex rel. Newell  v.  City of St. Paul
   U.S. Court of Appeals Case No:  12-2984
                          and No:  12-3894
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Loken, Author, with Bright and Bye, Circuit Judges] 
   Civil case - False Claims Act. In action alleging the City of St. Paul 
   obtained grants from the U.S. Department of Housing and Urban Development 
   by falsely certifying compliance with Section 3 of the Housing and Urban 
   Development Act of 1968, the district court did not err in dismissing the 
   action for lack of subject matter jurisdiction as plaintiff was not the 
   original source of fraud allegations whiche were based on publicly 
   disclosed information; district court did not abuse its discretion by 
   denying plaintiff's Rule 60(b) motion. 
  
123250P.pdf   08/28/2013  Ebony Jackman  v.  Fifth Judicial District
   U.S. Court of Appeals Case No:  12-3250
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Beam, Author, with Murphy and Bye, Circuit Judges] 
   Civil case - Employment discrimination. Plaintiff did not establish a 
   prima facie case of sex and race discrimination because she cannot show, 
   as a matter of law, that she suffered an adverse employment action when 
   she did not suffer termination, a cut in pay or benefits or changed job 
   duties or responsibilities; on plaintiff's claim of hostile work 
   environment, the conduct plaintiff complained of did not affect a term, 
   condition or privilege of employment and was not so severe or pervasive as 
   to constitute actionable discrimination. 
  
123436P.pdf   08/28/2013  United States  v.  Gene Jirak
   U.S. Court of Appeals Case No:  12-3436
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's convictions for making a false claim, uttering a 
   forged treasury check, mail fraud and aggravated identity theft; even 
   assuming, without holding, that reliance on an expert tax preparer is a 
   valid defense to crimes charged under 18 U.S.C. Sec. 287, defendant was 
   not entitled to introduce such evidence because the advice he relied was 
   not from an expert tax preparer, attorney or accountant; district court 
   did not abuse its discretion in denying multiple pro se motions for 
   continuance; there was a discrepancy between the oral pronouncement 
   concerning family contact and the written special conditions of supervised 
   release contained in the judgment, and the matter is remanded so that the 
   district court can conform the written sentence to its oral pronouncement. 
  
123734P.pdf   08/28/2013  Charles Inechien  v.  Nichols Aluminum, LLC
   U.S. Court of Appeals Case No:  12-3734
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] Kelly, Author, with Riley, Chief Judge, and Melloy, Circuit 
   Judge] 
   Civil case - Labor Law. The Union had reasons to believe that arbitration 
   of an issue regarding scheduled rest breaks would not be successful, and 
   its decision not to pursue a grievance was not arbitrary or a breach of 
   its duty of fair representation; since summary judgment in favor of the 
   Union was properly granted, summary judgment in favor of the employer was 
   also proper. 
  
[ August 27, 2013 ]


122821P.pdf   08/27/2013  United States  v.  James Miller
   U.S. Court of Appeals Case No:  12-2821
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] [Phillips, Author, with Loken and Gruender, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err by not 
   conducting a third Faretta inquiry, as the district court had rigorously 
   complied with Faretta's requirements at the first two inquiries and 
   defendant's statements during closing argument did not show changed 
   circumstances necessitating another hearing; evidence was sufficient to 
   support defendant's convictions for making false claims against the United 
   States. 
  
123080P.pdf   08/27/2013  United States  v.  Donald Washburn
   U.S. Court of Appeals Case No:  12-3080
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err under Rule 410 in admitting defendant's plea agreement stipulation of 
   facts as the plea agreement specifically stated the stipulation could be 
   admitted if defendant violated the plea agreement and this was a knowing 
   and voluntary waiver of his rights; nor did the court err under Rule 403, 
   as defendant failed to show how he was prejudiced by admission of the 
   stipulation and never requested any limiting instruction or made any 
   objection to the instructions relevant to this claim; no error in denying 
   defendant's motion to sever the financial counts from charges related to 
   making false statements to the Probation Office; defendant failed to 
   demonstrate that his trial counsel had a conflict of interest; court would 
   not consider the claim as an ineffective assistance of counsel claim as it 
   was not fully developed enough to permit review; district court did not 
   err in finding defendant voluntarily absented himself from court on the 
   day of closing arguments and did not err in continuing the trial without 
   him. 
  
123468P.pdf   08/27/2013  United States  v.  Violeta Hinojosa
   U.S. Court of Appeals Case No:  12-3468
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's conviction for conspiracy to distribute 
   methamphetamine and distribution of the drug; district court did not err 
   in denying defendant safety-valve sentencing based on its finding 
   defendant did not provide complete and truthful information during her 
   post-verdict interviews with the government. 
  
123415P.pdf   09/03/2013  United States  v.  Jeremy Dionne Norvell
   U.S. Court of Appeals Case No:  12-3415
   U.S. District Court for the District of Minnesota - St. Paul    
   [PUBLISHED] [Bye, Author, with Loken and Bright, Circuit Judges] 
   Criminal case - Criminal case. Defendant was told that assignment to a 
   particular program was not guaranteed, and his alleged misunderstanding 
   about the program was not grounds for withdrawing his guilty plea; there 
   was a factual basis for the plea; no other factors justified withdrawal of 
   the plea, and the district court did not err in denying the motion to 
   withdraw the plea; claim of ineffective assistance of counsel was properly 
   denied. Judge Bright, dissenting on the ground that the fact that court 
   might reject defendant's assignment to the program was not fully explained 
   to him. 
  
123886P.pdf   09/03/2013  Thomas Horras  v.  American Capital Strategies
   U.S. Court of Appeals Case No:  12-3886
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - Contracts. District court did not err in finding that 
   plaintiff failed to plead sufficient facts to state a claim that defendant 
   breached its fiduciary duties as majority shareholder; nor did plaintiff 
   state a claim for breach of contract, and the district court did not err 
   in dismissing the action; the district court did not abuse its 
   considerable discretion by denying plaintiff's post-judgment motion for 
   leave to amend his complaint. Judge Colloton, concurring in the judgment 
   in part and dissenting in part. 
  
  Ninth Circuit:

LYNNE WANG V. CHINESE DAILY NEWS, INC.
DETRICH V. RYAN
STACIE SOMERS V. APPLE, INC.
DRAKES BAY OYSTER COMPANY V. SALLY JEWELL
NORTHWEST ENV. DEF. V. BROWN
USA V. YOAHJAN FLORES
DANDINO, INC. V. USDOT
ANDERSON BROTHERS, INC. V. ST. PAUL FIRE AND MARINE INSUR
ASSOC DES ELEVEURS DE CANARDS V. KAMALA HARRIS
VIJAY KUMAR V. ERIC H. HOLDER JR.
JAMES CAVITT V. VINCE CULLEN
USA V. CLINTON THOMPSON, III
MARK WYNAR V. DOUGLAS COUNTY SCHOOL DISTRICT
USA V. HARRY HUMPHRIES
APPLICATION FOR EXEMPTION V.
DAVID PICKUP V. EDMUND BROWN, JR.
ANA FLORES V. ROD DANIELSON
USA V. GARY ERMOIAN
E. K. V. STATE OF HAWAII DEPARTMENT OF
USA V. MARCEL KING
USA V. JOSEPH EVANS, SR.
USA V. SHAWN SWOR
ROBERT RODRIGUEZ V. AT&T MOBILITY SERVICES LLC
OLAKUNLE OSHODI V. ERIC H. HOLDER JR.

Tenth Circuit:

(Apparently, can't search archives by published/unpublished.)

Eleventh Circuit:

Jacqueline Weatherly, et al v. Alabama State University12-134142:10-cv-00192-WHA-TFM09-03-2013NEWview
Luis A. Torrens, et al v. John William Hood, Jr.12-159250:12-cv-61612-KMW, 12-14092-BKC-JKO08-29-2013NEWview
Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, Florida12-129841:10-cv-24549-KMW08-29-2013NEWview
Hills McGee v. Solicitor General of Richmond County, Georgia, et al.11-140751:10-cv-00025-JRH-WLB08-28-2013NEWview
Richard S. Lehman, et al v. Margarita Arias Piza, et al12-141261:11-cv-23479-RNS08-28-2013NEWview
Torrey Twane McNabb v. Commissioner Alabama Department of Corrections12-135352:08-cv-00683-MEF-SRW08-28-2013NEWview
USA v. Dennis Calvin Bush, Jr.12-126245:11-cr-00031-RS-108-27-2013NEWview

Federal Circuit:

2013-09-0313-1002DCTBAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC [OPINION]Precedential
2013-09-0313-1002DCTBAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC [ERRATA]Precedential
2013-08-3012-1583DCTTRADING TECHNOLOGIES INTL v. OPEN E CRY, LLC [OPINION]Precedential
2013-08-2912-1422DCTAEVOE CORP. v. AE TECH CO., LTD. [OPINION]Precedential
2013-08-2810-5089CFCCARSON v. HHS [OPINION]


DC Circuit:

11-5282Judicial Watch v. U.S. Secret Service
 08/30/2013
Category tags above cover slip opinions 7/2011-10/2011; 11/2012 - present, give or take a few days. Notably non-comprehensive in scope. Do not rely. Do not rely. Do not rely.

NB: Tag categories are added on an ad hoc basis - recently added ones will therefore have fewer cases than one might think. In general, this is quick work -- not every case gets the tags that a committee of 50 scholars would assign it after a week's worth of debate. Do not rely, supra.

Author's SSRN page here.

These summaries and tags are quickly prepared each weekday evening by a law student who has skimmed parts of the opinion. Click on the case name in the body of the post to download the slip opinion.

Slip Opinions For: