Wednesday, May 08, 2013

Eighth Circuit -- Michele Hathorn v. Corwin Petty

Bankruptcy -- filing of challenge was timely.

Michele Hathorn  v.  Corwin Petty

Eighth Circuit -- United States v. Alireza Bakhtiari

Sentencing -- Within-guidelines sentence affirmed.

United States  v.  Alireza Bakhtiari

Eighth Circuit -- United States v. John Arrocha

Decision to tow vehicle was permissible, and evidence was therefore admissible as fruits of inventory search.

United States  v.  John Arrocha

Eighth Circuit -- Miles LaCross v. City of Duluth

S1983 suit after tasering of suspect - at the time of offense, officer could reasonably have believed that a tasering that inflicted minimal injury (as distinct from not employing excessive force) was not unconstitutional.

Taser not sui generis for excessive force claims.  Same analysis as other weapons.

Miles LaCross  v.  City of Duluth

Eighth Circuit -- Primitivo Alavez-Hernandez v. Eric H. Holder, Jr.

Immigration -- Mexico - past incidents in village against evangelicals do not justify withholding of removal, as relocation to city is possible.

Primitivo Alavez-Hernandez  v.  Eric H. Holder, Jr.

Eighth Circuit -- Luisa Chavez-Lavagnino v. Motivation Education Training

Complete diversity must exist at the time of removal to federal court -- subsequent move by party doesn't cure.

 Luisa Chavez-Lavagnino  v.  Motivation Education Training


Patent -- validation of parcel receipt.



As a matter of law, slip-on shoes can be either shoes or boots.  Battle of dictionary definitions.

Dissent: Nope.  Legislative intent.


Eleventh Circuit -- Franklin Owusu-Ansah v. The Coca-Cola Company

To have standing under the ADA's provision barring examination or inquiry into medical condition, plaintiff need not demonstrate that they have a disability protected under the ADA.

Employer's inquiry in this case was reasonable, given employee's statements.

Franklin Owusu-Ansah v. The Coca-Cola Company


For purposes of S1983, California District Attorneys act as local policymakers (not state agents) when developing policies related to the use of jailhouse informants.

Concurrence -- California Supreme Court holding suggesting the contrary is imprecise in defining policy-making role of the DA.


Seventh Circuit -- USA v. Charles Goodwin

Sentencing --

Offender registration law not an unconstitutional delegation of legislative authority.

Not registering is not a s-x offense.

Supervised release conditions reversed.

USA v.   Charles Goodwin

Seventh Circuit -- USA v. Tyrone Reynolds

Sentencing --

Leader of kidnapping troupe appropriately received leadership sentencing enhancement, but ransom sentence enhancement reversed, as there was no ransom demand communicated to a third party.

USA v.   Tyrone Reynolds

Seventh Circuit -- Terri Basden v. Professional Transportation

Plaintiff did not have a claim for discrimination under the ADA after only a preliminary diagnosis of disabling disease.

Plaintiff was ineligible for FMLA claim as she had not been employed for one year.

Terri Basden v.   Professional Transportation

Third Circuit -- USA v. Diego Duque-Hernandez

No plain error in modified-categorical approach to assessing drug trafficking enhancement based on a drug distribution prior.

USA v. Diego Duque-Hernandez

Third Circuit -- ACS Recovery Services, Inc., et al v. Larry Griffi


Claim for relief under the statute suffices for jurisdiction irrespective of final decision on merits.

Constructive trust can be imposed as equitable relief against Participant's trust which received commingled funds from a tort recovery, since the Administrator had a right to recover earlier payments.

Concur/dissent -- recovery from individuals, not the trust.

Concur/dissent -- Commingled funds in special needs trust are unreachable.

ACS Recovery Services, Inc., et al v. Larry Griffi

Second Circuit -- Weber v. SEFCU

Creditor must return repossessed articles to trustee or debtor-in-possession upon learning of the filing of Chapter 13 petition -- no affirmative suit by trustee or debtor-in-possession is required.

Minor circuit split flagged.

Belief that additional security was needed before release of the property does not excuse the retention.

Intention to retain the property made this a willful act, subject to penalties and costs.

Weber v. SEFCU

Second Circuit -- Edelhertz v. City of Middletown

Short per curiam -- zoning change with minimal notification didn't offend Due Process, as it was prospective in nature and generally applicable.

Edelhertz v. City of Middletown

First Circuit -- Nikitine v. Wilmington Trust Company

Denial of leave to amend without showing of cause one year after filing of suit upheld.

Nikitine v. Wilmington Trust Company 

First Circuit -- Bacardi International Limited v. V. Suarez & Co., Inc.

Parties to an arbitration are not, per se, required parties that must be joined for the judicial confirmation of the arbitrator's decision.  Decided without remand.

Federal action stayed due to parallel suit in state courts.

Bacardi International Limited v. V. Suarez & Co., Inc. 

First Circuit -- US v. LaPlante

Fraudulent misrepresentation theory of mail fraud does not add an element of misrepresentation to the common-law elements of mail fraud.

No need for unanimity jury  instruction as to which statement in particular was fraudulent.

No ineffective assistance claim based on deft's introduction of prior bad acts, as other evidence was overwhelming.

US v. LaPlante 
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.