Monday, April 01, 2013

Balance of today's opinions

Plans of mice and men.  Have to wrap this up quick.  Here are the rest of today's decisions:


USA v. MedQuest Associates, Inc. 
A.C. v. Shelby County Board of Education 


USA v.   Jon Burge
Isaiah Brady v.   Randy Pfister
Ivan Hernandez v.   Michael F. Sheahan
Gabriela Arteaga v.   USA  (Poz)


122767P.pdf 04/01/2013 United States v. Adam Fernandez U.S. Court of Appeals Case No: 12-2767 and No: 12-2774 and No: 12-2784 and No: 12-2787 and No: 12-3358 U.S. District Court for the Western District of Arkansas - Ft. Smith [PUBLISHED] [Per Curiam - Before Murphy, Smith and Gruender, Circuit Judges]
Criminal case - Criminal law. Nondelegation challenge to SORNA rejected as SORNA's relatively narrow delegation of authority to the Attorney General was guided by an intelligible principle for delegation and was consistent with the requirements of the nondelegation doctrine.

122619P.pdf 04/01/2013 Annex Properties, LLC v. TNS Research International U.S. Court of Appeals Case No: 12-2619 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Per Curiam - Before Loken, Melloy and Colloton, Circuit Judges]
Civil case - contracts. The district court erred in determining plaintiff was only entitled to two months of a claimed four months' rent after defendant held over and created a tenancy at will which it failed to terminate in accordance with Minnesota law. Judge Loken, with whom Judge Melloy joins, concurring.

122125P.pdf 04/01/2013 United States v. Todd Hobbs U.S. Court of Appeals Case No: 12-2125 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Loken, Author, with Bright and Colloton, Circuit Judges]
Criminal case - Sentencing. District court did not abuse its substantial discretion by imposing special conditions on defendant's supervised release which required probation office advance approval before he could reside with or contact children under 18 (including his own) or possess any material that is sexually stimulating or sexually oriented.

121974P.pdf 04/01/2013 Olympus Insurance Company v. AON Benfield, Inc. U.S. Court of Appeals Case No: 12-1974 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
Civil case - Insurance. District court correctly determined that under the unambiguous language of the contract defendant was relieved of any obligation to pay plaintiff an annual fee because plaintiff's decision not to renew the brokerage agreement activated the agreement's forfeiture provision.

121186P.pdf 04/01/2013 Northern States Power Co. v. IBEW, Local 160 U.S. Court of Appeals Case No: 12-1186 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Shepherd, Author, with Murphy and Beam, Circuit Judges]
Civil case - Labor Law. The language in the arbitrator's decision - that the employer had demonstrated justification for an employee's termination - was sufficient to show the arbitrator found the termination was supported by just cause; as a result, the arbitrator had no authority to address the question of remedy or to fashion a remedy other than termination, and the district court properly vacated the arbitrator's award of reinstatement. Judge Murphy, dissenting.




Click here to download as an Acrobat PDF 11-6040  Lockett v. Workman


Fane Lozman v. City of Riviera Beach, Florida, et al

Back to (~) normal with tomorrow's posting, likely late afternoon.  Cheers.


Friday in the Fifth

USA v. Todd Culbertson -- No sentencing for rehabilitative purposes.
Andricka Stewart v. Waco Independent School Dist -- Civil Rights claim - Rehabilitation Act
Frank Teta v. Michelle Chow -- Class action within bankruptcy improvidently dismissed
William Davison v. Huntington Ingalls, Inc. -- Pro se plaintiff's brief too far afield from FRCP standards.

Friday in the Fourth

US v. William Graham -- Court Reporter Act, taped conversations, life sentence unconstitutional.

US v. Sean Price -- Pr0n sentencing 

Second Circuit -- WC Capital Mgmt. LLC v. UBS Sec. LLC

Securities -- borrower has Article III standing to challenge whether margin call disclosures met statutory standards, as it was harmed by lack of knowledge of its options.

10(b) - 16 exists to protect the investor, so a general schema and information on where to get specifics sufficed for initial disclosure.

Margin call rules don't trigger 10(b) - 16(b) 30 day notification rule.

WC Capital Mgmt. LLC v. UBS Sec. LLC

Second Circuit -- Singer v. Ferro

As the corruption alleged by an employee parody was not relevant to matters of public concern, the speakers are not protected against retaliation.

Singer v. Ferro

Second Circuit -- WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

Subscriber-requested simultaneous one-to-one transmission of copyrighted content is not a performance for copyright purposes.

Dissent: one-to-one technology irrelevant -- the system functions as a broadcast.

WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

First Circuit (Friday) -- Hann v. Educational Credit Management

Student Loans held to be $0 in claim order for Chapter 13 bankruptcy are $0 for all purposes.

Hann v. Educational Credit Management 

First Circuit (Friday) -- Frank Sawyer Trust of May 1992 v. Commissioner of Internal Revenue

Piercing the veil -- state law governs, so not the substance-over-form standard, but rather whether the transfers were themselves fraudulent.

Frank Sawyer Trust of May 1992 v. Commissioner of Internal Reveue

First Circuit (Friday) -- Hannington v. Sun Life and Health Insurance

ERISA -- Plan erred in holding that benefits should be offset for Veterans' benefits received, as they only superficially compared the program in the Plan (SSI) with the program not mentioned (Veterans).

Hannington v. Sun Life and Health Insurance 

Friday and Today

Rolling a bit early today, so some Circuits might not be up yet.  Looks like Friday was a busy day for the First Circuit and DC Circuit -- though the New Plan is to only post the day's opinions, we'll add a few of Friday's as well.

So it's a bouilabaisse of early postings for today and some of what came in over the transom Friday.

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.