In re Terrorist Attacks on September 11, 2001 (Asat Trust Reg., et al.) -- Lack of personal jurisdiction over most defendants due to lack of purposeful direction towards the forum state.
In re Terrorist Attacks on September 11, 2001 (Saudi Joint Relief Comm., -- Noncommercial tort exception to the FSIA does not apply, as the tortious conduct was abroad. "Whole tort rule."
In re Terrorist Attacks on September 11, 2001 (Al Rajhi Bank, et al.) -- Dismissal of statutory & common law claims upheld. Terrorism was not a violation of customary international law onm the date in question.
Morning Mist Holdings Ltd. v. Krys -- Bankruptcy proceeding in British Virgin Islands sufficient for statutory stay of US proceedings.
United States v. Cho -- Sufficient evidence for trafficking in persons conviction; No DP violation in barring defense at trial; Sentence upheld.
United States v. Weingarten -- Accompanying person in interstate commerce not a lesser included offense of trafficking person in interstate commerce.
Third Circuit --
Gail Vento v. Director of VI Bureau of Inter -- Defts were sufficiently domiciled in British Virgin Islands for tax purposes. Not so their kin.
Fourth Circuit --
Not yet posted for today. Nothing published yesterday.
Fifth Circuit --
Ins Co. of the State of PA, et al v. Dir, Off of W -- Administrative law - disability claim.
Penny Morris, et al v. Wyeth, Incorporated, et al -- Pharma liability - claims that generic makers didn't sufficiently warn consumers are preempted; circuit split indicated on claims of breach of express warranty.
Hari Aum, L.L.C. v. First Guaranty Bank -- Debt was properly secured under Louisiana law by use of multiple indebtedness mortgage.
USA v. Rene Sanchez -- Sentence is reasonable,a s sentencing court considered duress arguments at the time.
David Morales v. Rick Thaler, Director -- Denial of Habeas - there was no ineffective assistance contrary to Scotus holdings at voir dire, since the right to a jury trial is waiveable.
Sixth Circuit --
Aleksandr Yeremin v. Eric Holder, Jr. -- Immigration - provision of false documents is a crime of moral turpitude for purposes of removal from the country.
Seventh Circuit --
(No 4/17 opinions up yet)
Katherine Lees v. Carthage College -- FRE - Portions of expert testimony admissible under Daubert.
USA v. Roman O. Conaway -- Sentencing - Judge properly considered diminished mental capacity arguments.
Robert Leimkuehler v. American United Life Insuranc -- ERISA - entity not a plan fiduciary
Renee Majors v. General Electric Company -- Workplace discrimination/retaliation.
Eighth Circuit (from court summaries) --
122175P.pdf 04/17/2013 United States v. Rodney Goodwin U.S. Court of Appeals Case No: 12-2175 U.S. District Court for the District of North Dakota - Bismarck [PUBLISHED] [Benton, Author, with Smith and Melloy, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for attempted transportation of a minor with the intent to engage in sexual activity; challenge to jury instruction rejected
122062P.pdf 04/16/2013 United States v. Michael Seibel U.S. Court of Appeals Case No: 12-2062 U.S. District Court for the District of South Dakota - Pierre [PUBLISHED] [Wollman, Author, with Bye and Benton, Circuit Judges] Criminal case - Criminal law. District court properly excluded evidence of prior sexual abuse of the victims under Rule 403; district court's decision to admit negative test results of the victim's bedding, but exclude evidence that another individual's semen was found, was neither arbitrary nor disproportionate to the purpose Rule 412 was designed to serve, and the ruling was not error; claim that the district court erred in refusing to admit defendant's evidence that the victims had acquired sexual knowledge from others was not preserved for review; evidence was sufficient to support defendant's convictions for two counts of sexually abusing minors; district court did not err in denying defendant's motion for new trial based on a recantation by one victim on the grounds the recantation was not credible and was instigated by defendant and his wife.
Ninth Circuit --
Tenth Circuit --
Eleventh Circuit --
Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc.
National Labor Relations Board v. Hartman and Tyner, Inc., et al
Anderson Ferreira v. U.S. Attorney General
Federal Circuit --
BIOGEN IDEC INC. v. GLAXOSMITHKLINE LLC [OPINION]
BAYER HEALTHCARE PHARMA v. WATSON PHARMA [OPINION]
Back to normal service tomorrow, perhaps.