Tuesday, April 30, 2013

Short Form: Rest of Tuesday


Suriya H. Smiley v.   Columbia College Chicago
USA v.   Ivy Tucker

Eighth (from website):

121918P.pdf  04/30/2013  Columbia Casualty Co.  v.  Curtis W. McGhee
   U.S. Court of Appeals Case No:   12-1918
                          and No:   12-1922
   U.S. District Court for the Southern District of Iowa - Council Bluffs   
   [PUBLISHED] [Wollman, Author, with Bye and Benton, Circuit Judges]
   Civil case - Insurance. For a statement of facts in the case, see Genesis
   Insurance Co. v. City of Council Bluffs, 677 F.3d. 806 (8th Cir. 2012). In
   a declaratory judgment action to determine coverage under various
   insurance policies issued to the city, the district court did not err in
   rejecting the City's request to consider extrinsic evidence regarding the
   parties' intent or in denying the City's request for additional discovery on
   extrinsic evidence; in Genesis, the court determined that for purposes of a
   malicious prosecution action, the arrested persons' injuries occurred
   when they were prosecuted and were not a continuing injury; as a result,
   the policies, with one exception, were not in effect when the arrested
   persons' injuries occurred; with respect to that policy, which was in effect
   from August, 1977 to August 1978, when the charges were filed in the
   arrested persons' criminal prosecution, the City was entitled to coverage
   under the "reasonable expectations" doctrine. Judge Bye, concurring in
   part and dissenting in part.

123485P.pdf  04/30/2013  United States  v.  James Tebeau
   U.S. Court of Appeals Case No:   12-3485
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Murphy, Author, with Wollman and Beam, Circuit Judges]
   Criminal case - Criminal law. District court did not err in determining
   that defendant, the owner of property he used for music festivals, may be
   indicted under 21 U.S.C. Sec. 856(a)(2) for making a property available
   for drug distribution without any further illegal purpose ; the statute does
   not require proof that defendant had the illegal purpose to use,
   manufacture, sell or distribute a controlled substance, as it is sufficient
   that he intended to make his property available to others who had that
   purpose; this interpretation of the statute does not violate the Fifth
   Amendment due process clause or defendant's First Amendment rights;
   indictment satisfied the requirements of Fed. R. Crim. P. 7(c).




Rawlins v. State of Kansas
Karki v. Holder

NetCoalition v. SEC
Quantum Entertainment Limited v. Department of the Interior

Sixth Circuit -- Estate of William R. Barney, J v. PNC Bank, National Association

Bank not liable for money that fiduciary of depositor squandered.

 Estate of William R. Barney, J v. PNC Bank, National Association 

Fifth Circuit -- National Rifle Association, et al v. Bureau of Al

Dissent from denial of en banc:  As 18-20's were expected to serve in the militia at the Founding, they have a right to buy them now.

Pot-shot at "scattershot approach to history."

National Rifle Association, et al v. Bureau of Al

Third Circuit -- MD Mall Associates v. CSX Trans Inc

Issue raised for the first time on appeal isn't barred by waiver where the issue is one of public importance.

No judicial estoppel where the party did not benefit from the inconsistent positions.

No express preemption where the federal statute does not address the same harms as the state statute.

Remand for determination of conflict preemption.

Dissent: preemption analysis should consider the impact of the statute, not the intent.

MD Mall Associates v. CSX Trans Inc

Second Circuit -- Magi XXI, Inc. v. Stato della Città del Vaticano

To enforce forum selection clause against signatory party, relationship between signatory and nonsignatory party making the claim must be such that invocation of the clause is foreseeable to the signatory.

Magi XXI, Inc. v. Stato della Città del Vaticano

Second Circuit -- Richmond v. Holder

Immigration -- case remanded to agency to determine if petitioner's false claim to be an American citizen disqualifies him from relief.  (Remanded because of lack of agency precedent on the question - interesting.)

Richmond v. Holder

First Circuit -- US v. Rogers

Sufficient evidence for conviction, as the pr0n was found on the laptop at the pawn shop, filed under the username of the deft.

Restitution amount and findings as to causation were reasonable.

US v. Rogers 

First Circuit -- US v. Quirion

As false statements to investigators were related to the charges against the defendant, they were material, although made prior to the commencement of the investigation and with the motive of protecting a second principal.  Asseverations to the contrary are to no avail.

US v. Quirion 
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.