Federal Circuit -- SHARP ELECTRONICS CORPORATION v. ARMY [OPINION]

SHARP ELECTRONICS CORPORATION v. ARMY [OPINION]

DC Circuit -- Nick Koretoff v. Tom Vilsack

Nick Koretoff v. Tom Vilsack

Eleventh Circuit -- USA v. Yuri Izurieta, et al

USA v. Yuri Izurieta, et al

Eleventh Circuit -- Michael Turner v. Warden Coleman FCI

Michael Turner v. Warden Coleman FCI 

Eleventh Circuit -- Chau Kieu Nguyen v. JP Morgan Chase Bank, NA

Chau Kieu Nguyen v. JP Morgan Chase Bank, NA

Tenth Circuit -- Peterson v. Garcia

Carrying of concealed firearms not protected by 2A / Privileges/Immunities.

Peterson v. Garcia

Eighth Circuit -- United States v. Jerrell Moore

[PUBLISHED] [Arnold, Author, with Smith and Melloy, Circuit Judges]
Criminal case - Sentencing Guidelines. District court may make supplemental findings in a resentencing proceeding under 18 U.S.C. Sec. 3582(c)(2) if the findings are necessary to deciding the motion and do not contradict any findings made at the sentencing; here, the district court was authorized to make the findings, and the record provided ample evidence for the court's supplemental findings.

United States v. Jerrell Moore

Eighth Circuit -- United States v. Leo Villarreal

[PUBLISHED] [Smith, Author, with Beam and Loken, Circuit Judges]
Criminal case - Criminal law. Speedy Trial Act claim rejected as the continuances granted in the case served the ends of justice and were excludable under the speedy-trial calculation under 18 U.S.C. Sec. 3161(h)(7)(A); Indictment was sufficient to allege an offense under 18 U.S.C. Sec. 2241(a)(1); Evidence was sufficient to support defendant's conviction for attempted sexual abuse under 18 U.S.C. Sec. 2242(B); claim of fatal variance between indictment and proof rejected.

United States v. Leo Villarreal

Eighth Circuit -- Brian Farrington v. Officer Steven Smith

Court Summary (as MB is running late)

Civil case - Civil Rights. In suit alleging the defendant police officer used excessive force, the district court did not err in allowing the officer to testify as to his purported mental state regarding the situation and plaintiff's actions as much of the evidence was elicited by plaintiff's counsel, the information provided context for the officer's actions and the jury was instructed not to consider the officer's state of mind, intention or motivation; no error in permitting the officer to testify regarding possible "weaponization" of cell phones; no error in refusing plaintiff's proposed revised Eighth Circuit Jury Instruction Number 16 on excessive force as the instruction actually given was supported by the law and evidence; conclusion that the district court did not err in denying plaintiff's motion for a new trial on his excessive-force claim was dispositive of his claim that other officers failed to protect him from the use of excessive force.

Brian Farrington v. Officer Steven Smith

Seventh Circuit -- Lorene Mann v. Meldon Vogel

Plaintiff had liberty interest when regulators briefly closed child-care center -- 'stigma plus'

Sufficient Due Process accorded, however.

Lorene Mann v. Meldon Vogel

Seventh Circuit -- http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=12-1254_002.pdf

35B motion converted to Habeas sua sponte.

Not second/successive, as claim did not become ripe until gov't incorrectly made 35B motion.

BUT time-barred under one-year rule.

USA v. Khaled Obeid

Seventh Circuit -- Northeastern Rural E v. Wabash

Electricity provision contract presents question of state law, not federal law.

Northeastern Rural E v. Wabash 

Fifth Circuit -- USA v. Mark Woerner

Good faith exception applies to warrant obtained on the basis of deft statements later determined to be the fruit of an illegal search.  Case by case, not categorical.

Sufficient evidence, pr0n counts not multiplicitous.

USA v. Mark Woerner

Fifth Circuit -- Mid-Continent Casualty Co. v. Eland Energy Inc.

Insurer does not breach duty of good faith and fair dealing by settling third party claims on the side to the limit of coverage, despite contractual duty to defend.

Choice of law assigned under interest analysis. Texas wins.

Misrepresentations were not a 'producing cause' of the allegedly tortious settlement offers.

Mid-Continent Casualty Co. v. Eland Energy Inc., e

Third Circuit -- Barry Belmont v. MB Investment Partners, Inc.

Securities Fraud -

Reckless acts by controlling persons do not establish 20a liability.

No negligent supervision by Board, as not foreseeable, not really managers.

No 10b5 claim as insufficient scienter.

(again, very quick skim based on what catches our eye as we scroll.  MB)

Barry Belmont v. MB Investment Partners, Inc.

Second Circuit -- United States v. Wilson

Where the deft got the Social Security number nonfraudulently but updated it fraudulently, the Number was not acquired fraudulently.

United States v. Wilson

Second Circuit -- In re: Bernard L. Madoff Inv. Sec. LLC

Even where an investor exerts discretion in how fund invests and intends that the fund invest in a certain (ill-fated) endeavour, they are not customers of the endeavour, as they themselves transacted no business with it.

In re: Bernard L. Madoff Inv. Sec. LLC