Tuesday, September 06, 2011

Eighth Circuit -- Ritchie Capital Management v. Mary Jeffries

 Anti-suit injunction by bankruptcy court means pretty much what it says.

Ritchie Capital Management v. Mary Jeffries

Seventh Circuit -- USA v. Patrick McKibbins

Admission of images from computer was permissible, given obstruction charge based on deft's attempts to hide the evidence.  

Not conducting a Rule 403 probative/prejudice analysis was harmless error.


USA v. Patrick McKibbins

Seventh Circuit -- Brian Loomis v. Exelon Corporation

No violation of ERISA in offering retail-level investment opportunities with costs paid by investor.


Brian Loomis v. Exelon Corporation

Seventh Circuit -- Matthew Carroll v. Stryker Corp

Commission salesman's general working arrangement was an express contract -- this precludes quasi-contractual (quantum meruit, unjust enrichment) relief under Wisconsin law.

Matthew Carroll v. Stryker Corp

Seventh Circuit -- USA v. Thaddeus Speed

Sufficient evidence for drug dealing conviciton.

Fair Sentencing Act doesn't apply retroactively.

Mandatory life without parole for third drug offense does not violate 5th Amendment or 8th Amendment.

USA v. Thaddeus Speed

Seventh Circuit -- USA v. Archie Stallworth

No error in refusal to give entrapment instruction, as little inducement; nor in denial of entrpament by estoppel, as no one in authority had authorized him to do a one-man-sting.

No error in exclusion of taped conversation for hearsay.

Deft intentionally possessed the drugs.


USA v. Archie Stallworth

Seventh Circuit -- Wells Fargo Bank, Na v. Lake of th

When a security indenture for a corporation owned by a sovereign Indian tribe is voided for lack of prior federal agency approval, the waiver of sovereign immunity in the indenture is also voided, leaving the District Court with no subject matter jurisdiction. 

Remanded for determination of whether supporting documents evince waiver.


Wells Fargo Bank, Na v. Lake of the Torches Economic Development Corporation

Seventh Circuit -- USA v. Tomas Leiskunas

No abuse of discretion in sentencing court's rejection of substantial assistance sentence adjustment.

Insufficient explanation of loss figures in mortgage fraud scheme.

Necessary players can be minor players for sentencing purposes.

Repetition of a minor act doesn't necessarily bar it from being a minor act.

USA v. Tomas Leiskunas

Seventh Circuit -- Magnus Norinder v. Sharon Fuentes

No clear error in holding that a place the family moved to when the child was five months old is their habitual residence.

No abuse of discretion in District Court's expedited discovery schedule.

No abuse of discretion in the award of fees.

Magnus Norinder v. Sharon Fuentes

Seventh Circuit -- Jeffery Paul v. Helen Marberry

Dismissals of prisoner's unintelligible claims without prejudice cannot be interpreted as strikes, as the prisoner had no notice that strikes were accumulating.

Jeffery Paul v. Helen Marberry

Sixth Circuit -- PT Pukuafu Indah v. United States Securities and E

Insufficient minimum contacts for personal jurisdiction.

Rule 11 sanctions reversed, as grounds were outside the motion to sanciton -- sanctioned counsel did not have adequate notice.

PT Pukuafu Indah v. United States Securities and Exchange Commission

Fourth Circuit -- Jiali Tang v. Synutra International, Inc.

If you're Chinese, and while in China are injured by milk made in China, forum non conveniens means that you shouldn't file suit in Maryland.

Forum non conveniens not limited to judicial remedies - victim fund is adequate remedy.

Jiali Tang v. Synutra International, Inc.

Fourth Circuit -- Ceres Marine Terminals v. Robert Green

When the evidence in a benefits hearing is equally balanced, the claimant must lose.

Ceres Marine Terminals v. Robert Green

Third Circuit -- Glenn Gates v. Rohm & Haas Co

Errata.

Glenn Gates v. Rohm & Haas Co
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.