The entire Second Circuit declines to recuse itself from a 9/11 conspiracy case. Attorney ordered to show cause why this one doesn't go to eleven.
Costs and fees to prevailing party in an immigration case, as the government's position wasn't substantially justified.
Madoff litigation - civil RICO conspiracy to "fleece" claim booted as precluded by the PLSRA RICO amendment.
FSIA - China granted immunity based on third party assertion, execution of judgement against Chinese assets blocked.
We identify no doctrinal bar to a district court’s applying execution immunity on its own initiative consistent with the terms of the FSIA.
If you have three guns, you have a sentencing enhancement - no need for the possession to be charged, so long as it's part of the same course of conduct or common scheme or plan.
When you install a poor hospital floor, you have to put in a new one, not just patch the cracks where they appear.
Dismissal of predatory lending claim reversed in part.
Omnibus review of recent FCC rulemakings. Need more noticin' & commentin' next time.
Out of state attorneys who did work and signed stuff get fees under EAJA, even where they didn't seek pro hac vice admission. Dissent - local rules consitute "special circumstances" under the Act.
Duty to defend - In Texas, an advertising injury requires dissemination.
16 months between arrest and trial won't get you a speedy trial and/or ineffective assistance of counsel Great Writ - it's not objectively unreasonable in Mississippi..
|USA v. Welles Bacon|
(Extraordinaily) bad deeds 30 years ago can be considered for "pattern of activity" sentencing enhancement.
"Motor City Miink," a Detroit pimp, needed to check the ages of his employees more carefully. Reversed as to one count, as the CEE requires that all conspirators "act in concert."
Conviction under general sodomy law can be a Tier III sex offense, since the judge can consider the charging instruments (revealing it to be rather forcible) & not registering = bad police karma.
Charging instruments usually can't be considered under ACCA. Dictum, as offense was intrinsically violent.
Motions to Dismiss should be responded to. (Deft's plan here - move to amend the pleading, then appeal the denial of the motion.)
(Nine published decisions in one day means MB cuts & pastes clerk summaries.)
Criminal case - Sentencing. Defendant's Tennessee burglary conviction qualified as a violent felony under the Armed Career Criminal Act; defendant's plea agreement did not waive his right to challenge the reasonableness of his sentence; sentence was not greater than necessary to achieve sentencing goals and was not substantively unreasonable.
Criminal case - Criminal law and sentencing. Court would not consider claim of ineffective assistance of counsel at trial as that claim requires further development of the factual record and should be raised in a Section 2255 proceeding; district court did not err in concluding defendant was not entitled to safety-valve sentencing based on its finding that she failed to provide the government with truthful and consistent information; court would not address a claim of error concerning denial of a two-level reduction for acceptance of responsibility as defendant could not be sentenced below the statutory minimum in light of the district court's denial of safety-valve sentencing
Civil case - torts. District court did not err in granting defendant summary judgment on plaintiff's claim for conversion as plaintiff failed to establish the elements of conversion under Missouri law; Missouri Supreme Court would require an indemnity clause to contain express language referencing litigation between the parties before interpreting it to allow a party to recover attorneys' fees incurred in an action asserting its rights under the contract; here the indemnity clause does not contain such language and the court did not err in denying a request for fees. Judge Gruender, concurring in part and dissenting in part.
Civil case - civil procedure. While the parents of the charter school may have had standing to intervene in an action by the ACLU challenging certain of the school's policies on the ground they violated the Establishment Clause, the district court did not err in denying the parents' motion to intervene on the ground the motion was untimely.
Civil case - Torts. District court did not abuse its discretion by finding that plaintiff's medical expert was not qualified as he had no practical experience or knowledge of what is usually and customarily done by orthopedic surgeons in circumstances presented in plaintiff's case; nor did the court abuse its discretion by concluding that the expert could not cure this deficiency by relying on outside sources of information, such as medical journals and statistics; claim that plaintiff did not need to present expert testimony to establish a prima facie case under Minnesota law is rejected as plaintiff had to produce expert testimony to establish that the risk of blindness was one that the defendant had a duty to disclose.
Civil case - Family Medical Leave Act. State regulations, a state benefits website and a benefits guide were insufficient to show that the State of Iowa had waived his Eleventh Amendment immunity with respect to suits brought under the Family Medical Leave Act's self-care provisions.
Civil case - Employment discrimination. District court did not err in dismissing plaintiff's "freestanding" due process claim or in denying her post-trial motion; however, the court erred in dismissing her state-law wrongful discharge claims against defendants Geoffroy and Callahan in their individual capacities. Judge Loken, concurring.
Criminal case - Criminal law. District court did not abuse its discretion by denying defendant's motion to withdraw his guilty plea as his allegations did not establish a fair and just reason to withdraw the plea.
Civil case - Insurance. District court did not err in finding coverage did not attach because Bunch lacked authority to permit the person driving the car at the time of the accident to use the vehicle as a second permittee; defendant was not entitled to uninsured and underinsured motorist coverage because the policy in question was not ambiguous.
Criminal case - Sentencing. Claims of Rule 11 error rejected.
Trial judge denies death penalty deft's request for a second chair, proceeds to file a response
in special action defending the decision, is denied standing and reversed, proceeds to run trial
and sentence deft to death. Yeah, that's a Habeus. (btw: thou shalt not kill.)
Results of pre-Gant bad search allowed under good faith exception.