Wednesday, April 10, 2013

Sixth - Eleventh, DC, Fed. 4/9-10

TK, tomorrow.


Fifth Circuit -- In Re: FEMA Trailer

Discretionary function exception bars tort claim suits for chemical exposure during resettlement.

In Re: FEMA Trailer

Fifth Circuit -- Hornbeck Offshore Services, et al v. Kenneth Salaz

To determine if a judicial order has been violated, courts should  look to totality of circumstances.

Hornbeck Offshore Services, et al v. Kenneth Salaz

Third Circuit -- Karim Eley v. Charles Erickson

Crim -- Sufficient evidence for participation in conspiracy.

Habeas granted for prejudice due to co-deft's confessions -- incorrect anonymization at trial.

Karim Eley v. Charles Erickson

Third Circuit -- USA v. Corbin Thomas

District courts have subject matter jurisdiction over requests for an extension of time to file a 2255 motion, even prior to the commencement of the Habeas petition -- though civil, it is a continuation of the criminal action.

USA v. Corbin Thomas

Second Circuit -- Paskar v. USDOT

As administrator's letter doesn't create a legal right, impose an obligation, or create a legal relationship, it's not a reviewable final order.

Paskar v. USDOT

Second Circuit -- Molchatsky, et al. v. United States

SEC investigations of the Madoff ponzi scheme -- Feds are immune from suit, given discretionary functions exception..

Molchatsky, et al. v. United States

Second Circuit -- JS v. T’Kach

Termination from witness protection program can't be challenged statutorily, given jurisdiction-strip --  doesn't state a claim for procedural due process either.  Error to dismiss without allowing leave to replead claims based on subsequent incidental confinement.

Concurrence in J:  The lack of a judicial remedy is troubling,.

JS v. T’Kach

First Circuit -- Guaman v. Holder, Jr.

Immigration --- substantial evidence for adverse finding on credibility of petitioner.  Inconsistencies not due to PTSD/bad translation.

Guaman v. Holder, Jr. 

First Circuit -- Medina-Rivera v. MVM, Inc.

Title VII -  summary judgment for gender discrimination upheld.

No obligation on federal courts to follow Puerto Rico standards on summary judgment.

Medina-Rivera v. MVM, Inc. 
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.