The Rest of Today's Decisions

Ninth:

USA V. VICTOR SIVILLA

Tenth:

FTC v. Chapman
Squires v. Breckenridge Outdoor Educ Cntr

Eleventh:

John D. Dupree v. Warden, Attorney General, State of Alabama

DC:

USA v. Larry Brinson-Scott
Judith Barnett v. PA Consulting Group, Inc.
Natl Assoc. of Manufacturers v. NLRB

Federal Circuit:

BARON SERVICES, INC. v. MEDIA WEATHER INNOVATIONS LLC 

- MB

Eighth Circuit -- Andrea Olsen v. Capital Region Medical Center

Discrimination --

No age discrimination / ADA claim for plaintiff subject to seizures, as they are not qualified to do the job when subject to seizures.

Andrea Olsen  v.  Capital Region Medical Center

Seventh Circuit -- USA v. Jeremiah Dorai Jacob

Appeal dismissed, as defendant is apparently now a fugitive.

USA v.   Jeremiah Dorai Jacob

Seventh Circuit -- Jose J. Loera, Jr. v. USA

Dismissal of indictment was insufficiently final judgment on the merits to allow for automatic exclusion of evidence barred in the first proceeding under exclusionary rule.

As there was no prejudice or invidious intent behind the delay, no basis for ineffective assistance claim on Speedy Trial Act violation.

Jose J. Loera, Jr. v.   USA

Sixth Circuit -- USA v. Stephen Graham-Wright

Court can use results of pretrial psychiatric examination requested by and available only to the defense (and court) in sentencing.

Dissent: Fifth Amendment.

USA v. Stephen Graham-Wright 

Fifth Circuit -- USA v. Wen Liu

Harmless error to exclude expert testimony of expert with limited personal knowledge of the facts.  Competency determines admissibility, familiarity with case determines weight given.

USA v. Wen Liu

Third Circuit -- USA v. Albert Savani

Sentencing.

Deft was sentenced to under mandatory minimums due to cooperation.  Guidelines ranges for the relevant offenses subsequently were lowered.  Deft can move for review of sentence under statute permitting such review where the "applicable guidelines range" has changed, as the mandatory minimum is not the "guidelines" range.

Concurrence: No need to invoke lenity.

Circuit split flagged.

USA v. Albert Savani

Second Circuit -- United States v. Chu

Sentencing --

Acceptance of responsibility sentencing reduction may be denied to an otherwise qualifying defendant who attempts a similar crime in the interval.  (Smuggling drugs into detention facility.)

Substantively reasonable, correct calculation of amount of drugs.

United States v. Chu

Second Circuit -- Steel Institute of New York v. City of New York

NYC laws regulating construction cranes are not preempted by federal workplace safety rules, as they are laws of general applicability, affecting both workplace safety and public safety.

Steel Institute of New York v. City of New York

Second Circuit -- Fezzani v. Bear, Stearns & Co.

Securities --

Pleading standard for private civil damage actions is higher than SEC civil actions -- knowing and substantial assistance in the fraud is insufficient.  (i.e., no specific reliance)

State statutory fraud claim stated.

Concur/Dissent:   Sufficient participation in the fraudulent scheme.  (i.e. fraud on the market)

Fezzani v. Bear, Stearns & Co.

First Circuit -- DeLong v. Dickhaut (5/6)

Habeas --

Prisoner's challenge to denial of extension of time to file challenge evinced an intention to challenge the underlying action, and the collateral challenge was therefore timely..

When dismissing a petition that has both exhausted and unexhausted claims, court must make specific findings as to good cause for the non-exhausted claims.

DeLong v. Dickhaut