Wednesday, March 13, 2013

Other cases in...

8th, 9th, 11th, and Fed.  Still working on diminished resources.


Eighth Circuit -- United States v. Terry Golden

From the Court:

PUBLISHED] [Murphy, Author, with Loken and Colloton, Circuit Judges]
Criminal case - Sentencing. The 2010 Guideline amendments did not affect defendant's statutory minimum sentence which remained at 240 months and the district court did not err in denying his motion for a further reduction.

United States v. Terry Golden

Seventh Circuit -- Kelly S. Thomas v. Dushan Zatecky

Kelly S. Thomas v.   Dushan Zatecky

Seventh Circuit -- Donald Tompkins v. Central Laborers' Pension Fun

Donald Tompkins v.   Central Laborers' Pension Fun

Seventh Circuit -- David Furry v. USA

David Furry v.   USA

Sixth Circuit -- Karen Howell v. Reuben Hodge

Denial of habeas for ineffective assistance, as no prejudice, given bias of state law against diversion to mental health system.

Concur: State record is well developed.  [Maybe.  Quick skim.]

 Karen Howell v. Reuben Hodge 

Sixth Circuit -- Eleanor Fulgenzi v. PLIVA, Inc.

Generic drug manufacturer had duty to warn after maker of the original product updated its warnings.

 Eleanor Fulgenzi v. PLIVA, Inc. 

Second Circuit -- L.I. Head Start Child Dev. Servs., Inc. v. Econ. Opportunity Comm'n of

Administrators breached their fiduciary duty to underfunded plan; action not barred by statute of limitations; petitioners have standing.

L.I. Head Start Child Dev. Servs., Inc. v. Econ. Opportunity Comm'n of

Second Circuit -- Thurber v. Aetna Life Ins. Co.

ERISA -- plan does not have to notify participant of reservation of discretion in order to gain the benefit of deference on review.

Plan by its terms retains an equitable lien on overpayments.  An action to recover them can therefore be an equitable counterclaim.

Thurber v. Aetna Life Ins. Co.

First Circuit -- Paolino v. JF Realty, LLC

Compliance with the Clean Water Act's notice of suit requirements is to be assessed equitably, not as a jurisdictional requirement mandating strict adherence to the statute.

Paolino v. JF Realty, LLC 

First Circuit -- US v. Chambers

Court 'defenestrates' attempt to withdraw plea waiver, despite movant's contention that he thought that the sentencing guidelines were mandatory.

US v. Chambers 

First Circuit -- Barclays Bank PLC v. Poynter

Contract provisions requiring lender to provide advance notice of intent to sell apply only to actions initiated pursuant to that subpoint -- it doesn't impose an umbrella notification requirement.

Barclays Bank PLC v. Poynter 

First Circuit -- US v. Mills

No error in not disclosing CI identities, given gov't interest.

No error in calculation of drug quantities.

US v. Mills 
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.