Friday, October 14, 2011

Federal Circuit -- TRUSTED INTEGRATION, INC. V. U.S.

As the evidence for one of the claims in a suit was insufficient to prove any of the pending claims in other Federal Courts, there was no statutory bar to the jurisdiction of the Court of Federal Claims over that specific claim.

TRUSTED INTEGRATION, INC. V. U.S.

DC Circuit -- Latif v. Obama

Classified Opinion Not Available to Public

Latif v. Obama

Ninth Circuit -- USA V. CHARLES CARPER

No procedural/substantive error in sentence for exporting night-vision equipment.

USA V. CHARLES CARPER

Ninth Circuit -- JEWISH WAR VETERANS OF THE UNI V. CITY OF SAN DIEGO

Denial of en banc.

Dissent:  Secular use of the area around the religious symbol has made it secular.  Symbol has been there for 100 years.

JEWISH WAR VETERANS OF THE UNI V. CITY OF SAN DIEGO

Eighth Circuit -- Mark Broom v. Larry Denney

District court correctly denied Batson habeus, as there were sufficient distinguishing features in the comparator.

Mark Broom v. Larry Denney

Eight Circuit -- Midwest Railcar Repair, Inc. v. South Dakota Dept. of Revenue

 The 4-R restrictions on railroad taxes do not apply to an entity which merely provides repair and maintenance to railroads.

DISSENT - Increases end cost to railroad entity.

Midwest Railcar Repair, Inc. v. South Dakota Dept. of Revenue

Eighth Circuit -- Carlos Sanchez v. Northwest Airlines, Inc.

 District Court erred in dismissing ADA complaint, as, although deft went bankrupt, the claim was incurred in the ordinary course of business, exempting it from being the subject of a required administrative claim.

Carlos Sanchez v. Northwest Airlines, Inc.

Third Circuit -- William Barber, Jr. v. Eric Shinseki, et al

 Errata. 

William Barber, Jr. v. Eric Shinseki, et al

Third Circuit -- Paola Oviedo v. Gregg Hallbauer, et al

US removal of case from State to Federal Court did not vest jurisdiction in the federal court, as the case had reached final judgment in the state venue.

Paola Oviedo v. Gregg Hallbauer, et al

First Circuit -- US v. Harris

No error in judge not holding competency hearing sua sponte given that deft was prononced sane by expert.

Having counsel answer plea in original arraignment was not reversible error.

Speedy Trial Act appropriately tolled.

No error in accepting waiver of additional time to prepare via colloquy.

Reference by witness to deft's declining to provide DNA wasn't prejudicial, appropriately cured, invited by deft's opening statement.

Sufficient evidence.

No ineffective assistance in introduction of culpability-establishing statement, given that counsel might have thought that the witness would testify later.

US v. Harris

First Circuit -- Bonefont-Igaravidez v. International Shipping Corp.

Summary judgment on age discrimination  claims was correct, as no proof of pretext was offered other than dissimilar comparators.


Bonefont-Igaravidez v. International Shipping Corp.

Second Circuit -- Gallop v. Cheney

Sanctions ordered, adjudged and decreed against counsel for frivoluos and vexatious filings in 9/11 conspiracy theory case.  

Counsel of Record's urging that the entire Second Circuit recuse itself from the case was in bad faith - for the next year, counsel must notify any court in the circuit before which he appears of the sanctions.

Order to show cause why similar sanctions should not issue for de facto lead counsel.

Gallop v. Cheney
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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