Friday, January 18, 2013

New Land Speed Record

Covering last two days -- quick glance summaries.  Don't even think about relying on this stuff.  We'll get back in the fast lane soon.  [/Gratuitous New Dr. Who reference]

MB

Federal Circuit -- STEPHENSON V. OPM

Agency erred in saying that benefit didn't have to be recalculated to account for cessation of SSA payments.

STEPHENSON V. OPM

Federal Circuit -- MERLIN INTERNATIONAL, INC. V. NAPOLITANO

Per curiam affirmed without opinion.

MERLIN INTERNATIONAL, INC. V. NAPOLITANO

Federal Circuit -- SHREVE V. SHINESKI

Per curiam affirmed without opinion.

 SHREVE V. SHINESKI


Federal Circuit -- ALLFLEX USA V. AVID IDENTIFICATION

50K "Appeal Consideration" payment not enough to make it a live controversy.  Ergo moot.

ALLFLEX USA V. AVID IDENTIFICATION

Eleventh Circuit -- United Fire and Casualty Company v. Whirlpool Corporation

District Court should not have excluded all of expert witness'  testimony.

United Fire and Casualty Company v. Whirlpool Corporation

Eleventh Circuit -- Solomon Sims, Jr. v. MVM, Inc.

Age Discrimination Act.

Solomon Sims, Jr. v. MVM, Inc.

Ninth Circuit -- RICHARD HURLES V. CHARLES L. RYAN

Habeas / judicial ethics.  When a judge is named in an interlocutory action and files a responsive pleading in that action, state court errs in allowing said judge to impose death penalty.

[Thou shalt not kill.  MB]

RICHARD HURLES V. CHARLES L. RYAN

Ninth Circuit -- USA V. DAMIEN ZEPEDA

Whether a tribe is federally recognized is a question of fact for the jury.

USA V. DAMIEN ZEPEDA

Ninth Circuit -- ANTHONY ALPHONSUS V. ERIC HOLDER, JR.

Immigration / Bangladesh

ANTHONY ALPHONSUS V. ERIC HOLDER, JR.

Ninth Circuit -- USA V. OSCAR GALLEGOS-GALINDO

Sexual offense a valid Immigration predicate under modified categorical approach.

USA V. OSCAR GALLEGOS-GALINDO

Ninth Circuit -- EDWARD FURNACE V. PAUL SULLIVAN

Prisoner claim -- there is a right to be free of pepper spray, there is quite possibly not a right to a vegetarian breakfast.

EDWARD FURNACE V. PAUL SULLIVAN

Ninth Circuit -- JOHN FAULKNER V. ADT SECURITY SERVICES, INC.

State claim removed to Federal Court has leave to amend to reach Iqbal threshold.

JOHN FAULKNER V. ADT SECURITY SERVICES, INC.

Eighth Circuit -- United States v. Carlos Ponce

Possession of meth not a lesser included of possession with intent to distribute.

[Party name ensures SCOTUS cert.]


United States  v.  Carlos Ponce

Seventh Circuit -- Wisconsin Education v. Scott Walker

In which the Wisconsin anti-union law is upheld.

Wisconsin Education v. Scott Walker

Seventh Circuit -- Linda Roddy v. Michael Astrue

Substantial evidence vel non on SSA decision.

Linda Roddy v. Michael Astrue

Seventh Circuit -- Yi Chen v. Eric Holder, Jr.

Immigration/ China.

Yi Chen v. Eric Holder, Jr.

Seventh Circuit -- USA v. Darrick Boroczk

Pr0n sentencing.

USA v. Darrick Boroczk

Seventh Circuit -- Asim Chaudhry v. Eric Holder, Jr.

Invasion of privacy claim for being filmed without consent.

Asim Chaudhry v. Eric Holder, Jr.

Seventh Circuit -- Alonzo Suggs v. USA

Whether a Habeas challenge filed after one collateral challenge that resulted in resentencing is second/successive if it only challenges underlying conviction.

Alonzo Suggs v. USA

Sixth Circuit -- Robert Stocker, II v. USA

Tax.

Robert Stocker, II v. USA 

Fifth Circuit -- ?

Range of opinions show as posted yesterday, but they look like they've all already been issued.

http://www.ca5.uscourts.gov/Opinions.aspx?View=Last7

Fourth Circuit -- US v. Antwan Jackson

Confrontation Clause exception for when deft makes the witness unavailable doesn't require that witness unavailability be the sole motive of deft's actions.

US v. Antwan Jackson

Fourth Circuit -- Center for Individual Freedom v. Natalie H. Tennant

1A challenge to state Campaign Finance statutes.

Center for Individual Freedom v. Natalie H. Tennant

Second Circuit -- Linde v. Arab Bank, PLC

No colateral jurisdiction over District Court discovery orders under Alien Tort Claims Act and Anti-Terrorism Act, Mandamus will not issue.

Linde v. Arab Bank, PLC

Second Circuit -- Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

New 2 Cir. test for whether there is a duty to bargain over certain terms referenced by CBA.

Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

First Circuit -- US v. Rayner

No error in sentencing.

US v. Rayner

First Circuit -- US v. Armstrong

Whether 2A bars certain offenses from being valid predicate for sentencing purposes.

 US v. Armstrong 

First Circuit -- US v. Voisine

Brief per curiam on 2A.

US v. Voisine 

First Circuit -- Global Naps, Inc. v. Verizon New England, Inc.

Injunction preserving assets of troubled company.

Global Naps, Inc. v. Verizon New England, Inc. 

First Circuit -- US v. Matias

Crim - evidence, bad statements in closing.

 US v. Matias 

First Circuit -- Boston Gas Company v. Century Indemnity Company

Insurance coverage for environmental cleanup

Boston Gas Company v. Century Indemnity Company 

First Circuit -- Khattak v. Holder, Jr.

Immigration.

Khattak v. Holder, Jr. 

First Circuit -- Colby v. Union Security Insurance Compa

Insurance coverage for disability.

Colby v. Union Security Insurance Company
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.