Friday, April 05, 2013

All Opinions

Time is short, and many opinions rolled today, so -- (very) short form:

First --
US v. Baird   -  Guns -- deft should have gotten an 'innocent possession' instruction.
US v. Morales-Cruz  -- Sentencing - conditions on supervised release.
Gianfrancesco v. Wrentham, MA  -- Equal Protection and Due Process claims by potentially over-regulated restaurant owner TKO'd.

Second --
Federal Housing Fin. Agency v. UBS Americas Inc.  -- Statute of limitations/repose, Appointments challenge
United States v. Westchester County, New York  --  Federal housing consent decree litigation
Mercer v. Gupta -- Securities - whether a 'beneficial owner'

Third --
Timothy Ross v. David Varano -- Habeas, equitable tolling
Grane Health Care v. NLRB

Fourth --
Southern Walk at Broadlands v. Openband at Broadlands, LLC 
Lansdowne on the Potomac v. Openband at Lansdowne, LLC

Fifth --
First National Bank, et al v. Polk Mechanical Comp 

Sixth --
Commonwealth of Kentucky v. Tracfone Wireless, Inc.
USA v. Derrick Hammond 

Seventh --
USA v.   Kurt Scheuneman
Anthony Maniscalco v.   Jay Simon
USA v.   Nicolas Gomez
Bankmanagers Corporation v.   Federal Insurance Company

Eighth -- [text from court site]

121857P.pdf 04/05/2013 Southern Wine and Spirits, etc v. Mountain Valley Spring Company U.S. Court of Appeals Case No: 12-1857 and No: 12-1915 U.S. District Court for the Western District of Arkansas - Hot Springs [PUBLISHED] Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Contracts. For the court's prior opinion in the case, see Southern Wine & Spirits of Nevada v. Mountain Valley Spring Co., 646 F.3d 526 (8th Cir. 2011). District court order denying Southern's motion for attorneys' fees is affirmed, as the district court was within its discretion in finding that neither party in the case qualified as the prevailing party under Nevada law.

Ninth --

FIREBAUGH CANAL WATER DISTRICT V. USA  -- Deference to Dept of Interior
CARLOS CASTRO V. CAL TERHUNE -- Prison anti-gang statutes not void for vagueness

Tenth --

Click here to download as an Acrobat PDF 11-3258  United States v. Patterson

DC Circuit --

11-7127Magloire Etoh v. Fannie Mae

12-1284Marc Barnes v. Commissioner, IRS

Federal Circuit -- 


Go, stranger, and tell the Spartans that at least we got the titles posted.


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.