Monday, June 10, 2013

Rest of Monday

Third Circuit:

USA v. Albert Savani -- Crack/cocaine resentencing - where original sentence was below mandatory minimums due to substantial assistance departure, no bar to resentencing.

Fourth Circuit:

US v. Ever Medina   -- Diversionary disposition is a valid predicate.
US v. Frank Chatmon -- Medication for competency.

Sixth Circuit:

Peabody Coal Company v. Dir., OWCP   -- Statute of limitations on health claim.  
Bryan Pazdzierz v. First Am. Title Ins. 

Seventh Circuit:

USA v.   Javier Munoz
Jacqueline Johnson v.   Chicago Board of Education

Eighth Circuit (From site):

122274P.pdf  06/10/2013  United States  v.  Shawn Mackey
   U.S. Court of Appeals Case No:   12-2274
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Colloton, Author, with Bright and Loken, Circuit Judges]
   Criminal case - Criminal law. The district court did not err in applying
   the criteria set forth in Sell v. United States, 539 U.S. 166 (2003) when it
   granted the government's motion to medicate defendant involuntarily to
   restore his competency to stand trial.

126070P.pdf  06/10/2013  Felicia McIntosh  v.  John LaBarge, Jr.
   U.S. Court of Appeals Case No:   12-6070
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. Order confirming debtor's Chapter 13
   plan over her objection is affirmed; where debtor concedes that one or
   more of her proposed additions to the plan were appropriately rejected,
   the concession is fatal to her appeal as a court must accept or reject a plan
   as a whole; contrary to debtor's assertions, the model plan form used in
   the Eastern District of Missouri does not infringe upon a debtor's
   substantive rights under the Code.

Ninth Circuit:

CHRISTOPHER JONES V. E. MCDANIEL
ELISNED CORRO-BARRAGAN V. ERIC H. HOLDER JR.
USA V. JOSE MUNIZ-JAQUEZ

Tenth Circuit:

United States v. Zhou

Eleventh Circuit:

Maria Teresa Davila v. Maria Claudia Menendez, et al

Federal Circuit:

ORGANIC SEED GROWERS AND TRADE v. MONSANTO COMPANY [OPINION]

Tuesday & Wednesday's opinions will be listed on Wednesday afternoon.  

(If the crick don't rise.)

-MB





Second Circuit -- In re Quebecor World (USA), Inc.

To be exempt from avoidance in bankruptcy, a securities-related payment need be either to a financial institution or for the benefit of a financial institution.

In re Quebecor World (USA), Inc.

First Circuit -- Goldstein v. Galvin

An official who litigates a claim in an official capacity is not precluded from relitigating the claim in a personal capacity.

Administrator does not automatically receive absolute immunity when performing adjudicative function.  Elected office no bar to absolute immunity.

Inclusion of plaintiff's name on press release not a basis for a 1A retaliation claim.

Goldstein v. Galvin 
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.