Friday, December 07, 2012


In the Fifth Circuit, Rule 11 is an objective inquiry, not a subjective one.  Denial of sanctions after inquiry into motives was therefore an abuse of discretion.

Claim for fees inextricably linked to Rule 11 analysis - remand to assess.


Federal Circuit -- COMINT SYSTEMS CORP. V. U.S.

Company did not sufficiently preserve its objections to the bidding process, as they were not raised prior to the award of the contract.

Company did not establish that its quality ratings were arbitrary or capricious.


Eleventh Circuit -- 907 Whitehead Street, Inc. v. Secretary of the U.S. Department of Agriculture, et al

Hemmingway museum, which allows the progeny of Hemmingway's cats to frolic & detour on the grounds, is subject to the Animal Welfare Act, as, according to an Agriculture Dept. interpretation,  the act of making the animals available to the public constitutes a distribution.  Chevron deference.  Sufficiently affects interstate commerce.

(No bull.)

907 Whitehead Street, Inc. v. Secretary of the U.S. Department of Agriculture, et al

Tenth Circuit -- Monge v. RG Petro-Machinery

Equipment built & purchased in China, purchased by a company in one state, consigned to a company in another state, then moved to a third state by the consigneee.  Where it injured someone.

No error in summary judgement holding that no reasonable factfinder could find that defeat of safety device created a knowing substantial certainty of injury.

Summary judgement on this didn't require any findings of causation reserved to the jury.

Where deponent delays in certifying the deposition, the late-filed deposition is not a grounds for a motion to alter or amend the verdict based on new evidence, as the party could have asked the court to delay the summary judgement motion until after the deposition was properly entered.

No personal jurisdiction over Chinese manufacturer, as the equipment ended up in the forum state due to the actions of a third party.  Scattered phone contacts, emails and visits not enough to overwhelm.  Stream of commerce analysis still requires purposeful direction.  Contacts with forum state insufficient for general jurisdiction.

Monge v. RG Petro-Machinery

Seventh Circuit -- Patricia A. Muscarel v. Winnebago

While an adjacent wind farm might create a taking under Illinois law, the zoning regulation challenged only makes it easier for such things to be built - the plaintiff sustains no harm from the statute itself. 

Legislative concern, not judicial.

Substantive due process claim would apply to the decision to authorize the wind farm, not the change in the statute.

Patricia A. Muscarel v. Winnebago

Seventh Circuit -- USA v. Joshua Henry

Judge does not have to inform deft that sentence may run consecutively with other sentences for guilty plea and appellate waiver to be valid -- merely has to inform of maximum in present proceeding.

USA v. Joshua Henry

Seventh Circuit -- USA v. Dewayne Preacely

Trial court did not rr in finding violation of supervised release, given deft's involvement in tax preparation industry.

Vagueness of statute must be asserted on direct appeal or collateral attack, not revocation hearing.

Within guidelines sentence reasonable.

USA v. Dewayne Preacely

Fourth Circuit -- Benjamin Reynolds v. American National Red Cross

ADA Amendments Act of 2008 applies prospectively.  Circuit split flagged.

Inability to heavy things is not a disability.  And the plaintiff can lift things.

As plaintiff did not place medical records into evidence, burden of production for record of qualifying disability not met.

Employer didn't believe that the plaintiff had a qualifying disability, as he kept asking the plaintiff to lift things.

Filing a workman's comp claim is not per se a basis for a retaliation suit if subsequently terminated.

No unauthorized disclosure of medical condition, as it was information shared among friends.

Title VII workplace headcount aggregation standards apply to ADA suits. (Dictum, as cross-appeal denied)

Benjamin Reynolds v. American National Red Cross

Second Circuit -- United States v. Daley

Lack of notice to alien prior to removal order was not fundamentally unfair, as, given the record as it stood at the time of the hearing, the alien would have had no reasonable chance of challenging the order.

United States v. Daley
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.