Friday, May 17, 2013

Short Form - Friday

Third Circuit:

Eleanor Abraham v. St Croix Renaissance -- Mass tort not removable under CAFA, as the operation of the plant that allegedly caused the harm was a single 'event or occurrence,' thereby qualifying for a statutory exception to removability under the statute.

George Huff v. Commissioner of IRS -- Sovereign immunity results in the Tax court being the only venue for a claim against the IRS; no mitigation/tolling available to claimant on refund.

Sixth Circuit:

USA v. Cornelius Blewett  -- The old crack/cocaine sentencing disparity was a violation of Equal Protection, and continued application/failure to remedy violates the statutory scheme as well.  Dissent:  Rather large step to take on an unbriefed issue.  [Must-read.]

Seventh Circuit:

Candace Harbaugh v.   Board of Education  -- No Due Process claim on termination, as the year spent substitute-teaching doesn't count towards the probationary period required for vesting under the statute.

Anthony Navarro v.   Langdon Neal -- Election law - Claim that lapsed for 10 months not barred by laches, as the Board can't prove that the delay harmed its ability to conduct future elections;  Preventing voter confusion justifies reasonable and nondiscriminatory voter access laws.

Eighth Circuit:

United States  v.  Aaron Polk -- Crim - sufficient evidence for conspiracy; no discovery violation where deft got the relevant information a week beforehand; Cross appropriately limited; denial of conspiracy element appropriately disqualified deft from safety-valve.

Todd Hallquist  v.  SunTrust Mortgage, Inc. -- Title transferred at the moment that the bid was accepted at the foreclosure sale - challenge to subsequent transfer of deed is therefore irrelevant; no breach of fiduciary duty.

United States  v.  Curtis Grandon -- Sentencing - no procedural/substantive error in court's upward departure based on prior alleged bad acts.

Ninth Circuit:

MANUEL OLIVAS-MOTTA V. ERIC HOLDER, JR. -- Immigration - No deference to AG on the definition of "crime of moral turpitude" for immigration removal purposes, as the meaning is clear and can be determined in each case by consulting the record of conviction.  Concurrence: No need to rule on deference, just apply modified-categorical, plus a little more.

CENTER FOR FOOD SAFETY V. THOMAS VILSACK -- As Agriculture Dept. agency is working under 1950's-era organic statute, GMO seeds fall outside of a reasonable construction of its regulatory authority.

DC Circuit:

USA v. Joseph Laslie -- As deft both stipulated to the sentencing enhancement and didn't subsequently challenge it, the appeal was waived.

Vernard Evans v. Kathleen Sebelius -- Reversal of summary judgment on Title VII discrimination claim & C in J.

Rolling the list earlier than usual, so this might not be all and everything.  The Fourth is still on yesterday's list, for one.  Caveat lector, as always.


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.