Thursday, May 23, 2013

Short Form: Wednesday & Thursday

Very short form today, as heading out to concert -- just getting the list out there.

Second Circuit:

United States v. Johnson -- Sentencing - SOP challenge to Commission authority
Walker v. Schult -  S1983 - prison overcrowding
United States v. Bogle - Brief per curiam - Guns/Felons 
United States v. Shellef -- Speedy Trial Act
Executive Plaza, LLC v. Peerless Ins. Co. -- Insurance coverage - Question certified to New York

Fourth Circuit:

Justin Wolfe v. Harold Clarke  -- Habeas - District Court erred in barring retrial, arguing that the Constitutional violations had crystallized around the events.  Best remedy is to release & allow retrial.  Dissent: No abuse of authority in barring retrial.

Sixth Circuit:

Wayne LaFountain v. Shirlee Harry, et al   -- Court can allow prisoner to amend claim screened under PLRA.
Carrie Schlaud v. Rick Snyder  -- Denial of class certification for child-care workers, as not all were in favor of union.
 Indiana State District Council v. Omnicare, Inc.  -- Securities - S11 is a strict liability, no scienter need be pleaded/proved
Exact Software North America, v. Infocon Systems, Inc.  -- FRCP - Stipulated settlement did not deprive the court of jurisdiction; attorney fee question is supplemental, court can resolve despite non-diversity of parties
National Viatical, Inc. v. Universal Settlements  -- FRCP - Denial of injunction upheld

Seventh Circuit:

USA v.   Jose Rosales --  Sentencing
USA v.   Hubert Davenport -- Crim - various challenges
Tommy Morris v.   Salvatore Nuzzo -- Fraudulent joinder / Choice of Law
USA v.   Juan Flores-Olague -- Sentencing - Mainitnaing property for drug use enhancement
USA v.   Ruby Parker - Crim - speedy trial, sentencing, sufficient evidence
Omar Hakim v.   Accenture United States Pension - ERISA - claims release

Eighth Circuit: (From Site):

123232P.pdf   05/23/2013  Buddy Bean Lumber Company  v.  Axis Surplus Insurance Company
  U.S. Court of Appeals Case No:  12-3232
  U.S. District Court for the Western District of Arkansas - Hot Springs    
  [PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges]
  Civil case - Insurance. The proper interpretation of the coinsurance
  provision in the policy in question depends on whether the insured has
  filed an actual cash value claim or a replacement cost claim; here, where
  the insured filed a claim for the actual cash value of stolen electrical wire,
  the term "value" in the coinsurance policy should be read to mean the
  actual cash value of the insured's mills; based on this interpretation, the
  insured was not subject to a coinsurance penalty on its claim and was
  entitled to receive the value of the wire minus its deductibles and any
  interim payment it had received.

123113P.pdf   05/22/2013  Mark Robbins  v.  Randy Becker, Sr.
  U.S. Court of Appeals Case No:  12-3113
  U.S. District Court for the Eastern District of Missouri - St. Louis    
  [PUBLISHED] [Riley, Author, with Bye and Benton, Circuit Judges]
  Civil case - Civil rights. The district court's analysis denying
  defendants' motion for summary judgment based on qualified
  immunity is so scant that the court cannot affirm or reverse
  the order, and the matter is remanded for a more detailed
  consideration and explanation.

123524P.pdf   05/22/2013  Bryan Gallimore  v.  Eric H. Holder, Jr.
  U.S. Court of Appeals Case No:  12-3524
  Petition for Review of an Order of the Board of Immigration Appeals    
  [PUBLISHED] [Riley, Author, with Melloy and Shepherd, Circuit Judges]
  Petition for Review - Immigration. The criminal alien bar found in 8
  U.S.C. Sec. 1252(a)(2)(C) precludes this court's review of the BIA's
  decision on CAT relief; to the extent petitioner challenges the legal
  standard used by the BIA, the court rejects the challenge on its merits.

Ninth Circuit (Top paragraph of Reporter's Summary):
FAUZIA DIN V. JOHN F. KERRY -- The panel reversed the district court’s order granting the
Government’s motion to dismiss, on the basis of consular
nonreviewability, United States citizen Fauzia Din’s claims
for a writ of mandamus directing the Government to
adjudicate the visa application she filed on behalf of her
husband Kanishka Berashk and for a declaratory judgment
under the Administrative Procedure Act.

MICHAEL HEDLUND V. THE EDUCATIONAL RESOURCES INST -- Reversing the district court’s judgment, the panel held
that the bankruptcy court did not err in granting a partial
discharge of the debtor’s student loans under 11 U.S.C.
§ 523(a)(8).

SERVICES EMPLOYEES INTERNATION V. SAL ROSSELLI -- The panel affirmed the district court’s judgment, after a
jury trial, in an action under § 501 of the Labor Management
Reporting and Disclosure Act against local union officials
who diverted union resources in an attempt to establish a new
competing local union

Eleventh Circuit:
Wells Fargo Bank, N.A. v. Neil C. Gordon --- Brief per curiam after answer to quesitons certified to Ga.
USA v. Pedro Diaz-Calderone -- Under modified categorical, aggravated battery is qualifying prior crime of violence.
Cheers -- MB
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.