Tuesday, May 14, 2013

Short Form: Tuesday

First Circuit:

One and Ken Valley Housing v. ME State Housing Authority  -- Federal ingredient jurisdiction; state public housing authority had sufficient authority to determine variance between assisted and unassisted housing rates; simple agency calculation is sufficient deliberative process.

Second Circuit:

Hofmann v. Sender -- Hague Convention - the intent of the family to relocate to New York was conditioned upon the entire family relocating to New York; Children have not become acclimatized to NY to a degree warranting that they should remain here.

United States of America v. City of New York -- Firefighter discrimination - In responding to a pattern-or-practice claim, employer can use any evidence that tends to rebut the inference, including intent-based evidence; Decisions on qualified immunity should center on whether the willful actions of the official impacted the right, not whether their intent was demonstrably wrong; given size of city, specific evidence needed to produce genuine issue of material fact as to the mayor's role; Concur/Dissent: To rebut disparate impact claim, deft should minimize the proof, not present nondiscriminatory rationale.

SEC v. Bankosky -- SEC ban upheld.  Traditional six-factor test may be supplemented by new 9-factor test.

Fifth Circuit:

USA v. Servando Alvarado-Casas -- No clear error in acceptance of guilty plea, flawed sentencing colloquy did not influence decision to plead guilty.

Sixth Circuit:

Uwe Romeike v. Eric Holder, Jr.  -- German harassment of home-schoolers insufficient to bar deportation.

USA v. Sherry Washington  -- White collar - Money laundering, conspiracy.

Larry Crouch v. Honeywell International, Inc. 

Seventh Circuit:

Otto May, Jr. v.   Chrysler Group LLC

Ninth Circuit:


Tenth Circuit:

Koessel v. Sublette County Sheriff's Dept

In re: Weathersby v. 

Eleventh Circuit:

Bruce Rich v. Secretary, Florida Department of Corrections, et al.

DC Circuit:

Blue Ridge Env. Defense League v. Nuclear Regulatory Commission -- Administrative law - agency properly declined to issue EIS, given unsupported nature of complaint; intervention in hearing process properly denied.

Short on time today.  Mea maxima culpa.  Better tomorrow.

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.