Other Decisions

Eleventh:

Atheists of Florida, Inc., et al. v. City of Lakeland, Florida, et al.

USA v. Jonas Coronado-Cura

DC:

USA v. Jason Reynolds

Federal Circuit:


IN RE HUBBELL [ERRATA] P
POWER INTEGRATIONS, INC. V. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC.
INRE: TIMOTHY OWENS [OPINION]
MARVIN BRANDT v. US [OPINION]

MB

Ninth Circuit -- SHELLEY RUBIN V. CITY OF LANCASTER

Privately-led prayers at the beginning of City Council meetings not an Establishment of Religion.

SHELLEY RUBIN V. CITY OF LANCASTER

Ninth Circuit -- HYUK LIM V. ERIC H. HOLDER JR.

Immigration -- service in South Korean army doesn't qualify for the service exception to the continuous presence rule.  Rational basis review.

HYUK LIM V. ERIC H. HOLDER JR.

Ninth Circuit -- SERVICES EMPLOYEES INTERNATION V. SAL ROSSELLI

Federal labor law creates umbrella union fiduciary duty to constituent unions themselves, not just the rank and file.

SERVICES EMPLOYEES INTERNATION V. SAL ROSSELLI

Ninth Circuit -- USA V. RAYMOND RUIZ, JR.

No error in denial of unanimity instruction on felon-in-possession charge - jurors free to vote based on any testimony referencing any part of the alleged ten-minute span.

No harmful error in proscutor's  PPT slide saying that an acquittal would require jurors to find that police lied on the stand.

No error in prosc closing.

USA V. RAYMOND RUIZ, JR.

Ninth Circuit -- USA V. ETHAN JINIAN

Deft's deposit of checks into his bank account triggered the wire fraud statute, given the subsequent interbank wire transfers.

Concurrence -- clearly, the scheme was to avoid scrutiny of the deposits by breaking them up.

USA V. ETHAN JINIAN

Eighth Circuit -- Universal Cooperatives, Inc. v. AAC Flying Service, Inc.

Crop dusters owed no duty of care to manufacturer of the chemical.

Off-tatget spraying not a deceptive trade practice under state statute.

Arkansas likely would not recognize a third-party claim exception to the American rule in fees, i.e. deft can't sue a third party to reclaim the fees.

Universal Cooperatives, Inc. v. AAC Flying Service, Inc.

Seventh Circuit -- Brian Teed v. Thomas & Betts Power Solutions

FLSRA successor liability applies even when the successor disclaims the debt, unless there is good cause otherwise.


Brian Teed v.   Thomas & Betts Power Solutions

Seventh Circuit -- City of Livonia Employees' Ret v. Boeing Company

Securities - 10(b) pleading doesn't state a claim when the only source for the claim denies everything when deposed by deft's attorneys.

Earlier dismissal (without prejudice) cures procedural fault in second dismissal (with prejudice).

Remand for Rule 11 sanctions determination despite lack of sanctions in initial decision.  PLSRA mandate that the judge consider sanctions means that an implicit denial of sanctions is appealable.

City of Livonia Employees' Ret v.   Boeing Company

Sixth Circuit -- Henry Hodges v. Roland Colson

Denial of Habeas upheld.

Trial court had discretion to bar voir dire question asking about defts with murder priors, as deft had murder priors.

Claim that juror voted because of arthritis pain procedurally defaulted, as no there was cause for omission of claim in state Habeas.

Plea-stage ineffective assistance (deft pled to qualifying offense) defaulted as to facial invalidity; as to Strickland, pleading could have been a strategic choice.  No prejudice.

No error in denial of hearing on competency and ineffective assistance.

Henry Hodges v. Roland Colson 

[Thou shalt not kill.  -MB]

Third Circuit -- USA v. Nathaniel Benjamin

Constructive possession (inside house) of guns and drugs upheld.

Felon-in-possession is a continuing activity -- it therefore merges with the possession-in-house charge.

References to parolee status not unduly prejudicial.


USA v. Nathaniel Benjamin

First Circuit -- Reynoso v. Holder

Immigration -- substantial evidence that marriage was a sham.  False statements of fact before agency established categorical bar to finding of good moral character.

 Reynoso v. Holder 

First Circuit -- US v. Sparks

Good-faith exception to the Exclusionary Rule applies to GPS tracker placement.

Circuit precedent (a 'beeper,' not a GPS system, one day of tracking as opposed to eleven) entitled police to believe that they could do it.

US v. Sparks