Monday, May 06, 2013

Eleventh Circuit -- Sylvia Bapte, et al. v. West Caribbean Airways, et al.

Plaintiff who argues in foreign forum that the action is limited to the initial domestic forum due to the Montreal Convention (despite the fact that the initial domestic forum dismissed the action under forum non conveniens) is not entitled to relief in the domestic forum for changed circumstances when they prevail in the foreign forum.

Sylvia Bapte, et al. v. West Caribbean Airways, et al.

Eleventh Circuit -- Odebrecht Construction, Inc. v. Secretary, Florida Department of Transportation

Sufficient likelihood of success of claim that state statute barring contracts with companies doing business in Cuba is preempted.

Odebrecht Construction, Inc. v. Secretary, Florida Department of Transportation

Eleventh Circuit -- Montgomery County Employees' Retirement Fund v. Vitacost.com, Inc., et al.

Securities -- statements did not materially mislead.

Plans to terminate the CEO did not alter the total mix of information, as the CEO's role was explicitly limited while under investigation.

Unannounced relocation of principal place of business doesn't state a claim.

Knowledge of all FDA violations is not imputed to he company after citation for only a few of them.

Meaningful cautionary language and lack of fore-knowledge TKO growth predictions claim.

Montgomery County Employees' Retirement Fund v. Vitacost.com, Inc., et al.

Eleventh Circuit -- David H. Crumpton v. Richard Stephens

Payment to shareholder of closely held S-corporation in order to offset tax liability generated by the corporation's assets was not a fraudulent transfer, as it was compensation for the S-corporation election.

David H. Crumpton v. Richard Stephens

Tenth Circuit -- Browning v. Trammell

Habeas grant under Brady where central prosecution witness had psychiatric issues.

Browning v. Trammell

[Thou shalt not kill.  - MB]

Tenth Circuit -- United States v. Copar Pumice Company

Post-judgment appeal suffices for review of privilege claim.

As Petitioner is a party to the present civil action, no review is possible under non-party protective privilege (Perlman) doctrine.

No review under pragmatic finality doctrine, as the issue is insufficiently final, in a pragmatic sense.

Given alternate avenues of redress, Mandamus not warranted.

United States v. Copar Pumice Company

Ninth Circuit -- IN RE COMPLAINT OFJUDICIAL MISCONDUCT

Litigant with communications disability cannot ask as a reasonable accommodation that caretaker speak for him, as this amounts to the practice of law.

IN RE COMPLAINT OFJUDICIAL MISCONDUCT

Eighth Circuit -- Bank of the West v. National Bank of Kansas City

Similarity between two pieces of equipment is not sufficient basis to impose an equitable lien on the after-acquired piece when the interest on the first piece lapses / has insufficient seniority of claim.

[Entertainment purposes only, folks.]


Bank of the West  v.  National Bank of Kansas City

Eighth Circuit -- United States v. Kenneth Pappas

Sentencing -- enhancements correctly applied, sentence substantively reasonable.


United States  v.  Kenneth Pappas

Eighth Circuit -- United States v. John Perry

Crim  --

Sufficient evidence that the tax evasion happened within the statute of limitations period.

Interview during search of home did not elicit involuntary statements.

Franks challenge to warrant insufficiently detailed.

Sentencing challenge.

Decision on whether forfeiture should offset restitution to government is not ripe until forfeiture happens.


 United States  v.  John Perry

Seventh Circuit -- Zena Phillips v. The Prudential Insurance

Default option for life insurance policy which paid proceeds to an account maintained by the insurer at a fixed interest rate does not state a claim for breach of contract, vexatious delay, or breach  of fiduciary duty.

Zena Phillips v.   The Prudential Insurance

Sixth Circuit -- USA v. Keith Thompson, Jr.

Sentence insufficiently based on old crack/cocaine guidelines for purposes of subsequent revision when judge merely makes reference to "statutory" objectives.

USA v. Keith Thompson, Jr. 

Sixth Circuit -- Robert Shuler v. H. Edward Garrett, Jr.

A Rule 59 motion with the wrong docket number is nonetheless timely filed.

Robert Shuler v. H. Edward Garrett, Jr. 

Fourth Circuit -- Oakley Baldwin v. City of Greensboro

A Federal statute that created a right of action was sufficiently distinct from its predecessor statute to qualify under the generic federal 4-year statute of limitations, and its successor statute's elimination of limitations isn't retroactive to claims arising under it.

Agency investigation did not toll the statute of limitations.

Oakley Baldwin v. City of Greensboro

Second Circuit -- Berlin v. Renaissance Rental Partners, LLC

Chevron-ish deference to agency interpretation of a term that allows single-floor condominiums to qualify for reporting requirements of land lots.

Berlin v. Renaissance Rental Partners, LLC

Second Circuit -- Fink v. Time Warner Cable

False advertising class action claim not stated when the complaint doesn't include a copy of the ad.

Fink v. Time Warner Cable
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.