Monday, May 20, 2013

Short Form: Monday

Rolling circa 2:30PM, and the eastern half of the Republic has nothing posted yet -- we'll backtrack Circuits 1-5 tomorrow, in case something comes over the transom later.

Sixth Circuit:

County of Oakland v. Federal Housing Finance Agency  -- Federal agency's statutory exemption from taxes includes state and local land transfer taxes.

Seventh Circuit:

USA v.   Collet Williams -- Since police omitted favorable evidence as well as unfavorable evidence from the affidavit in support of the warrant, no intent to mislead.

Victor Sirbu v.   Eric Holder, Jr. -- Immigration - the showing as to fear of persecution is whether the petitioner establishes the facts, not whether the facts ineluctably compel the finding.

USA v.   John Bloch, III -- Drunken demand that the officer return the confiscated weapon can suffice for proof of possession.

Peoples National Bank v.   Banterra Bank -- A cross-collateralization clause insufficient to impart record notice might still impart inquiry notice.

USA v.   Jamel Brown -- Statements in sentencing colloquy sufficiently indicated judge's position on disputed aspects of PSR ; sufficent evidence for endangerment enhancement.

Leroy Johnson v.   Merrill Lynch, Pierce, Fenner -- ERISA Administrator/Fiduciary cannot file suit for disbursement against bank holding the assets, as the assets are frozen due to a state court order - as the injury is not traceable to the defendant, there is no Article III standing.

Eighth Circuit (From site):

121754P.pdf   05/20/2013  United States  v.  Steven Sullivan
   U.S. Court of Appeals Case No:  12-1754
   U.S. District Court for the District of Nebraska - Lincoln    
   [PUBLISHED] [Bye, Author, with Wollman and Benton, Circuit Judges]
   Criminal case - Criminal case. Evidence was sufficient to support
   defendant's conviction for possession of a controlled substance analogue
   with intent to distribute.
122600P.pdf   05/20/2013  Sandy Lake Band  v.  United States
   U.S. Court of Appeals Case No:  12-2600
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Wollman, Author, with Colloton, Circuit Judge, and
   Holmes, District Judge]
   Civil case - Indian law. Because the district court had adjudicated the
   issue of subject matter jurisdiction in the Sandy Lake Band's previous
   suit, and Sandy Lake did not appeal from that decision or exhaust its
   administrative remedies, the court is bound by the district court's original
   determination that it lacked subject matter jurisdiction; the district court's
   dismissal order is affirmed, but modified to be without prejudice.
123315P.pdf   05/20/2013  Spirtas Company  v.  Nautilus Insurance Company
   U.S. Court of Appeals Case No:  12-3315
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Bye,
   Circuit Judge]
   Civil case - Insurance. The district court did not err in concluding
   that three exclusions in the policy in question precluded coverage.

Ninth Circuit:

AMRISH RAJAGOPALAN V. NOTEWORLD, LLC -- As there was no intent to benefit the third party at the time of the contract's creation, third party cannot invoke arbitration clause.

CITY OF GLENDALE V. USA -- Agency erred in holding that the questioned term had a plain meaning - no deference is therefore due.  Agency is, however, free to affirm its decision on remand, as that would be an exercise of delegated authority.  Congress had sufficient power to pass statute under Indian Commerce Clause. Dissent: Federalism TKO's Chevron deference; there is a sufficiently clear statement.

Federal Circuit:

YANGZHOU BESTPAK GIFTS v. US   Administrative / Antidumping





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.