Thursday, February 14, 2013

Fourth Circuit -- US v. Ryan Holness

Unlike 4A, no exception for offense-specific nature of 6A right to counsel when state and federal charges overlap.

5A violation would be harmless error. (Point raised sua sponte.)

US v. Ryan Holness

Third Circuit -- Interstate Outdoor Advertising v. Zoning Board Twp Mt Laurel

Billboard law is not overly extensive, advances substantial interests of the government.

Noncommercial speech challenge TKO'd, as there are alternative channels of communication.

Third Circuit -- Jose Tellado v. Indymac Mtg Ser

Claim against lender in receivership barred -- FDIC beyond reach of statute, administrative appeals not exhausted.

Penalty Order could survive the lack of subject matter jurisdiction, but insufficient due process here.

Jose Tellado v. Indymac Mtg Ser

Second Circuit -- United States v. Desnoyers

Sentence proceedurally unreasonable, as new information not considered.

United States v. Desnoyers

Second Circuit -- Gatt Commc’ns, Inc. v. PMC Associates, L.L.C.

Co-conspirator does not have antitrust standing to file suit based on their subsequent exclusion from the conspiratorial market.

Concurrence: In pari delicto.

Gatt Commc’ns, Inc. v. PMC Associates, L.L.C.

Second Circuit -- Rothstein v. UBS AG

Plaintiffs harmed in Middle East have standing to challenge US bank's transactions with Iran under the Anti-Terrorism Act, but insufficient proximacy of cause to win the action.

Rothstein v. UBS AG

Second Circuit -- Bailey v. Pataki

Denial of qualified immunity at summary judgment stage for government officials in civil commitment case.

Bailey v. Pataki

First Circuit -- Alphas Company, Inc. v. William H. Kopke, Jr., Inc.

Statute's appeal requirements are jurisdictional.

Alphas Company, Inc. v. William H. Kopke, Jr., Inc. 

First Circuit -- US v. Maldonado

No denial of right to counsel where court didn't grant incoming potential counsel 30 day stay.

 US v. Maldonado 

First Circuit -- Juarez v. Select Portfolio Servicing

Pro se petition by attorney challenging home foreclosure states a claim as to whether the bank held the note at the time of foreclosure, but doesn't state a claim for fraud.

Juarez v. Select Portfolio Servicing 

First Circuit -- Jackson v. US

FTCA action against VA hospital.

Jackson v. US 
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.