Thursday, May 09, 2013

Short Form - Rest of Thursday

Short on time today, so...


Ivy Bailey v. Edward Callaghan  -- No First Amendment / Equal protection (Rational Basis) claim against school district's unwillingness to withhold union dues.  Dissent.

Les Kepley v. Gerald Lanz -- Since shareholders of closely held corporation had to sell at a loss, they had distinct harms as opposed to harms derived from harms to the corporation.  Decision under Delaware law, as Kentucky courts would likely apply it.


Qiu Chen v.   Eric Holder, Jr.  -- Posner - immigration/forced sterilization.

Eighth: (From site)

121555P.pdf   05/09/2013  Thomas P. Cawley  v.  Frank Celeste
   U.S. Court of Appeals Case No:  12-1555
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit    
   [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and
   Gruender, Circuit Judge]
   Civil case - Bankruptcy. All of the elements of North Dakota's res
   judicata standard were met in this case, and the state court judgment was
   entitled to preclusive effect under the full faith and credit statute - 28
   U.S.C. Sec. 1738.

122334P.pdf   05/09/2013  Affordable Communities of MO  v.  Federal Nat'l. Mortgage Assoc.
   U.S. Court of Appeals Case No:  12-2334
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges]
   Civil case - Contracts. The district court did not err in finding plaintiff
   had failed to plead facts establishing that defendant EFA was Fannie
   Mae's agent in connection with a loan plaintiff obtained; viewing the
   contract language in the context of the entire written document and
   considering the likely intent of the parties, the court concludes the
   agreement was ambiguous as to whether the phrase "condemnation sale"
   included a sale in lieu of condemnation, and the district court erred in
   dismissing plaintiff's claim that Fannie Mae breached the contract;
   district court did not err in dismissing plaintiff's breach of implied
   covenant of good faith and fair dealing claim or its claim for unjust


USA V. IRVIN SANDOVAL-ORELLANA  -- California s-xual penetration statute is a crime of violence for immigration purposes.

RIGHTHAVEN LLC V. WAYNE HOEHN -- Copyright/ Standing - assignment of right to sue without assignment of the underlying rights does not give standing.

MARTIK SARGSYAN V. ERIC H. HOLDER JR. -- Cryptic denial of fees.



Fifth Circuit -- Mary Ainsworth v. Cargotec USA, Incorporated

Reasonable expectation of substantial sales in a jurisdiction suffices for personal jurisdiction under "stream of commerce" theory.

Mary Ainsworth v. Cargotec USA, Incorporated

Fourth Circuit -- US v. Nicole Grant

Anticipated prospective tax refunds are not sufficient basis for revision of restitution order where the circumstances were in evidence at sentencing and no new findings are made as to the impact on the deft's ability to pay.

US v. Nicole Grant 

Third Circuit -- National Amusements Inc v. Borough of Palmyra

No pre-closing notification was needed under procedural Due Process to close the market, given the discovery of unexploded munitions.

Closing market did not require compensation under Takings Clause, as it was a core public safety function.

Even given a low probability of harm from the explosives, the standard of review under state statute's arbitrary and capricious analysis is whether a reasonable finder of fact could conclude that closure was necessary.

Although the market eventually won right to reopen, since S1983 claims were denied on the merits, no award of interim fees.

National Amusements Inc v. Borough of Palmyra

Second Circuit -- United States v. Steele

When resentencing (here for crack/cocaine), court should not apply any downward departures applied in previous sentencing -- with the exception of the substantial assistance downward departure.

United States v. Steele

Second Circuit -- United States v. Figueroa

Where prisoner stipulates to conduct sanctions incurred during time of incarceration, District Court can properly deny crack/cocaine resentencing for otherwise eligible deft.

United States v. Figueroa
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.