Friday, October 07, 2011

Procrastination

4 more in the Eighth, 1 in DC Circuit, 1 in Federal Circuit.  Monday.

Eighth Circuit -- Marcel Williams v. Ray Hobbs

 No Ex Post Facto violation from increased punishment given Arkansas' removal of anesthesia from the list of substances to be administered at imposition of death penalty.

No Due Process violation in freedom accorded Corrections Dept. to vary procedures.

Marcel Williams v. Ray Hobbs

[Thou shalt not kill - TMB]

Seventh Circuit -- Belinda Egan v. Freedom Bank

Repost from yesterday.  Errata, perhaps?

Belinda Egan v. Freedom Bank

Fifth Circuit -- In Re: Cecil Bradford

Circuit has unreviewable jurisdiction over claim that a habeus claim was inappropriately recategorized and transferred to the Circuit.

2241 Petition appropriately categorized as a successive 2255 petition, as Circuit precedent holds that reclassification of predicate offenses is not a legitimate basis for a claim of "conviction of a nonexistent offense."

In Re: Cecil Bradford
Cecil Bradford v. Rebecca Tamez

Third Circuit -- Muhammad Malik v. Atty Gen USA

Erratum.

Muhammad Malik v. Atty Gen USA

Third Circuit -- Sunoco Inc Subsid v. Comm IRS

Errors on overpayment interest are a matter for the Court of Federal Claims, not the (Article I) Tax Court.

Sunoco Inc Subsid v. Comm IRS

Third Circuit -- USA v. Daniel Siddons

Erratum.

USA v. Daniel Siddons

Third Circuit -- Animal Science Prod Inc v. China Minmetals Materials Imports

Erratum.


Animal Science Prod Inc v. China Minmetals Materials Imports

First Circuit -- Rosciti v. Insurance Company

Where a Rhode Island company self-insures and then goes bankrupt during pendency of liability suit, contract term prohibiting supplementary insurer from contributing until the company's retained limit had been paid out is unenforceable as contrary to public policy.

Rosciti v. Insurance Company

First Circuit -- Goncalves v. Plymouth County

Summary judgment on plaintiff's state law discrimination and ADEA claims appropriate where plaintiff hasn't established she was qualified to do the job.


Goncalves v. Plymouth County
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.