Monday, March 18, 2013

Ninth Circuit -- GULBRANDSON V. RYAN

Denial of Habeas upheld.

Not calling a certain guilt-stage witness was possibly a strategic call, as it might have caused prejudice against deft -- therefore not an unreasonable application of Strickland.

Not recalling medical expert at penalty phase -- same.

Not recalling medical expert in penalty phase was waived in state Habeas -- raising another issue from the same affidavit was not enough to trigger state review.

No error in denial of evidentiary hearings for Federal Habeas.

Victim impact evidence not unduly prejudicial.

Second/successive denied as (1) not new; (2) reasonable factfinders can disagree.

DISSENT: Further exploration on not recalling the medical expert.


Eighth Circuit -- Gear Automotive v. Wilshire Insurance Company

Sole owner and member of automobile dealership is an employee for purposes of the employee exclusion on the general liability insurance policy.

In brief, "Robert generally engaged in the same daily duties as his brother Darrell, which primarily consisted of selling cars."

Gear Automotive v. Wilshire Insurance Company

Seventh Circuit -- Johnson Controls, Incorporated v. Edman Controls, Incorporated

Arbitration binds, as sensible, and according to the law, and whatnot.

Johnson Controls, Incorporated v.   Edman Controls, Incorporated

Second Circuit -- United Steel v. Cookson America, Inc.

Union has Article III (under 'benefit of the bargain' analysis) and statutory standing to challenge employer's retirement plan.  Consent of union membership (possibly) not required.

United Steel v. Cookson America, Inc.

Second Circuit -- SEC v. Lynn A. Smith, et al.

No appeal possible for Rule 11 sanctions under collateral order doctrine, as not nonreviewable, and they implicate the merits of the underlying action.

Court can, however, hear challenge to sanction against a trustee where inextricably intertwined with an injunction.

Sufficient evidence for sanctions against trustee.

SEC v. Lynn A. Smith, et al.
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.