Friday, February 15, 2013

Fifth Circuit -- John Priester, Jr., et al v. JP Morgan Chase Bank,

Statute of limitations applies to challenges to homestead liens under the Texas Constitution.

Claim accrues at legal injury, not discovery.

John Priester, Jr., et al v. JP Morgan Chase Bank,

Fifth Circuit -- Tekelec, Incorporated v. Verint Systems, Incorporated

Corporation has standing to enforce agreement -- basically several arguments on the contract, not Article III.

For purposes of the K, royalties are not royalties when the term is modified by "damages."  (i.e. royalties here are a form of patent damages).

Tekelec, Incorporated v. Verint Systems, Incorporated

Fifth Circuit -- Republic of Ecuador, et al v. John Connor, et al

Intervenor corporation cannot block Federal discovery order in international arbitration, as it has argued to its profit elsewhere that the proceeding is an international tribunal and therefore qualifies for such things.

Republic of Ecuador, et al v. John Connor, et al

Fifth Circuit -- Bobby Smith v. Burl Cain, Warden

Common law limitation on new evidentiary hearings for Habeas challenges does not apply if the Federal court, looking at the state court record, determines that the state court unreasonably applied federal law -- here, in the context of a Batson challenge.

No purposeful discrimination here, mainly for lack of comparators.

Bobby Smith v. Burl Cain, Warden

Fifth Circuit -- USA v. Matthew Moore, et al

Crim -- sufficient evidence for homicide, false statements, obstruction.

USA v. Matthew Moore, et al

Fourth Circuit -- US v. Joseph Yengel, Jr.

Being told that there's a grenade somewhere in the house doesn't justify searching a locked closet under an exigent circumstances warrant exception.

US v. Joseph Yengel, Jr.

Third Circuit -- Travis Denny v. Paul Schultz

Where there is some evidence leading to a theory of constructive possession, imposing disciplinary measures on an inmate doesn't violate Due Process.

Travis Denny v. Paul Schultz

Third Circuit -- USA v. Roger Wilson

Appeals waiver does not bar challenge to later-imposed conditions of supervised release.

USA v. Roger Wilson

Second Circuit -- United States v. Abdur-Rahman

Medicaid fraud is a violation of the Federal identity theft statute.

United States v. Abdur-Rahman

First Circuit -- Culhane v. Aurora Loan Services of Nebraska

Nonparty mortgager has standing to challenge subsequent assignment of note, but strong prudential considerations can counterbalance.

Interposed entity need not hold the beneficial interest -- legal interest suffices for assignment.

Culhane v. Aurora Loan Services of Nebraska

First Circuit -- US v. Willson

Crim -- Wire fraud, false statements

Sufficient evidence for tacit agreement to conspiracy.

Good faith instruction sufficed for condonation defense.

Deft must actually hold the exculpatory impression for a reasonable interpretation of regulations instruction to be given.

US v. Willson 
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.