Tuesday, April 02, 2013

Rest of opinions


USA v. Bernard Kurlemann 

USA v. Kevin Daws 


Feras Jabr v.   Eric Holder, Jr.
Koransky, Bouwer & Poracky, P. v.   Bar Plan Mutual Insurance Comp
Richard Budd v.   Edward Motley
USA v.   Mario Lomax


113862P.pdf 04/02/2013 United States v. Elnora Logan U.S. Court of Appeals Case No: 11-3862 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Criminal case - Sentencing. The district court erred in denying defendant's motion to reduce her sentence under 18 U.S.C. Sec. 3582(c)(2), and the case is remanded for exercise of the district court's substantial discretion. Judge Colloton, dissenting. 121297P.pdf 04/02/2013 Salahaddin Ayyoubi v. Eric Holder, Jr. U.S. Court of Appeals Case No: 12-1297 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Civil case - Immigration. The USCIS's approval of plaintiff's application for adjustment to permanent resident status mooted his appeal of the district court's judgment in his action seeking a declaration that the agency had acted unlawfully by withholding adjudication on his application without periodic review; plaintiff's uncertainty about the reasons for his approval and his subjective fears about future applications or eventualities are insufficient to establish a continuing controversy. 122476P.pdf 04/02/2013 Andrew Alexander v. Mary Jo Jensen-Carter U.S. Court of Appeals Case No: 12-2476 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Arnold, Author, with Melloy and Smith, Circuit Judges]
Civil case - Bankruptcy. District court order affirming the order of the bankruptcy court giving possession of disputed property to the trustees is affirmed.




Click here to download as an Acrobat PDF 12-5013  United States v. Benoit


12-5004Citizens for Resp. and Ethics v. Federal Election Commission
And two in fed

Sixth Circuit -- Thomas Kinkade Company v. Nancy White

Arbitration vacated for evident partiality.

Thomas Kinkade Company v. Nancy White 

Fifth Circuit -- Willie Garner v. Paul Morales, et al

Muslim prisoners have right under RLUIPA to grow short beards.

Willie Garner v. Paul Morales, et al

Second Circuit -- United States v. Livecchi

Despite facial reading of statute to the contrary, government had both foreclosure rights and civil cause of action, as such a reading of the statute best effectuates the intent & purpose of the statute.

Claim accrued for statute of limitations purposes at the discovery fo the underlying crime, not the defaulted mortgage payments.

United States v. Livecchi

Second Circuit -- United States v. Walsh

Asset attachment -- as parties to the divorce waived statutory equitable distribution, there was no claim on the value of the house prior to the fraud -- and as the income from the fraud exceeded the net worth at the time of the deft, proceeds from the sale of the house are reachable.

Exception to FRE witness identification requirements for drug-related cases (Monsanto) can be applied to non-drug cases.  No error in quashing subpoena for pretrial deposition of witnesses in Monsanto hearing, as the facts were available elsewhere.

United States v. Walsh

Second Circuit -- Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.

To state a claim for breach of fiduciary duty under ERISA, circumstantial evidence is sufficient, but there must be enough to raise a reasonable inference of breach of duty -- mere decline in the assets of the Plan is insufficient.

Dissent -- Plausible inference suffices -- no heightened pleading for ERISA

Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.

Second Circuit -- United States of America v. Barton

Court must make finding of requisite financial status before appointing counsel, even if deft declines to provide any information.

United States of America v. Barton
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.