Thursday, August 22, 2013

Next post Monday

Again, apologies for the lack of summaries.

-MB

Tuesday/Wednesday/Thursday - Links Only

First Circuit:

2013/08/2111-2130P.01A11-2130 US v. McDonough
    District of Massachusetts, Boston
2013/08/2111-2130P.01A11-2163 US v. DiMasi
    District of Massachusetts, Boston
2013/08/2112-1022P.01A12-1022 Ortiz-Bonilla v. Federacion de Ajedrez de PR
    District Court of Puerto Rico, San Juan
2013/08/2112-2018P.01A12-2018 Guerrero v. Holder, Jr.
    Board of Immigration Appeals (BIA)
2013/08/2212-2523E.01A12-2523 Ballardo Castro v. Holder
    Board of Immigration Appeals (BIA)

Second Circuit:

09-2778-cv(L)Balintulo v. Daimler AG08-21-2013OPN
12-4030Unclaimed Property Recovery Service, Inc. v. Kaplan08-20-2013OPN
12-2843-crUnited States v. Stokes08-20-2013OPN

Third Circuit:

Filed 08/22/13, No. 12-2823
Ashley Gager v. Dell Fin Ser
USDC for the Middle District of Pennsylvania

Filed 08/21/13, No. 12-3864
Tarik Rachak v. Attorney General United States
Agency

Filed 08/21/13, No. 12-2621
Gabriel Carrera v. Bayer Corp
USDC for the District of New Jersey

Filed 08/21/13, No. 12-2621
Gabriel Carrera v. Bayer Corp
USDC for the District of New Jersey

Filed 08/21/13, No. 12-2012
USA v. Robert Stinson, Jr.
USDC for the Eastern District of Pennsylvania

Filed 08/21/13, No. 11-4406
USA v. EME Homer City Generation, L.P
USDC for the Western District of Pennsylvania

Filed 08/20/13, No. 12-4216
Kristie Bell v. Cheswick Generating Station Ge
USDC for the Western District of Pennsylvania

Filed 08/20/13, No. 12-2059
Trinity Ind Inc v. Chicago Bridge & Iron Company
USDC for the Western District of Pennsylvania

Fourth Circuit:

136254.P Gordon Miller v. US (Floyd 08/21/2013) 
Published opinion after argument: Vacated and remanded 
Habeas Corpus-Federal (WDNC Conrad) 
________________________________

Fifth Circuit:

07-700318/21/2013Nelson Gongora v. Rick Thaler, Director
08-700158/21/2013Scott Panetti v. William Stephens, Director
08-700168/21/2013Scott Panetti v. William Stephens, Director
11-509328/21/2013Department of Texas, et al v. Texas Lottery Commis
12-106778/21/2013Liberty Mutual Insurance Co. v. USA by Lamesa Nati
12-203148/21/2013USA, ex rel. Leslie Steury v. State of California,
12-204308/20/2013USA v. Ade Lawrence, et al
12-405308/21/2013USA v. Jose Garza
13-300948/21/2013Diamond Young, et al v. USA

Sixth Circuit:

13a0238p.0610-25372013/08/20 In re: Cyberco Holdings v.
    U.S. Bankruptcy Court - Grand Rapids
13a0239p.0612-45082013/08/20 USA v. Damon Joiner
    Northern District of Ohio at Cleveland
13a0240p.0611-32172013/08/20 USA v. Thomas Greco, Jr.
    Northern District of Ohio at Cleveland
13a0241p.0612-31662013/08/20 USA v. Terrance Walker
    Southern District of Ohio at Cincinnati
13a0241p.0612-31672013/08/20 USA v. Terrance Walker
    Southern District of Ohio at Cincinnati
13a0243p.0613-01012013/08/20 Dwayne Miedzianowski v. City of Clare
    Eastern District of Michigan at Bay City
13a0244p.0612-25362013/08/21 American Civil Liberties Union v. FBI
    Eastern District of Michigan at Detroit

Seventh Circuit:

11-3086Miguel Rosiles-Camarena v.
  Eric Holder, Jr.
agency08/21/2013Final
 Opinion
Easterbrook
12-1349Richard Sharif v.
  Wellness International Networ
bankruptcy from
 district court
08/21/2013Final
 Opinion
Tinder
12-1988TKK USA, Incorporated v.
  Safety National Casualty Corp
civil08/21/2013Final
 Opinion
Hamilton
12-2091TKK USA, Incorporated v.
  Safety National Casualty Corp
civil08/21/2013Final
 Opinion
Hamilton
12-2540Louis Capra v.
  Cook County Board of Review
civil08/21/2013Final
 Opinion
Hamilton
12-2848Satkar Hospitality, Incorporat v.
  Cook County Board of Review
civil08/21/2013Final
 Opinion
Hamilton
12-3116Satkar Hospitality, Incorporat v.
  Larry Rogers
civil08/21/2013Final
 Opinion
Hamilton
12-3294Scottie Pippen v.
  NBCUniversal Media LLC
civil08/21/2013Final
 Opinion
Easterbrook
12-2357Ronald McElvaney v.
  William Pollard
prisoner08/20/2013Final
 Opinion
Bauer
12-2709Jaclyn Currie v.
  Jogendra Chhabra
civil08/20/2013Final
 Opinion
Wood


Eighth Circuit:

122111P.pdf   08/20/2013  NLRB  v.  Relco Locomotives
   U.S. Court of Appeals Case No:  12-2111
                          and No:  12-2203
                          and No:  12-2447
                          and No:  12-2503
   National Labor Relations Board    
   [PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit Judges] 
   Petition for Review - NLRB. In petition for review of two NLRB 
   proceedings, RELCO Locomotives seeks review of two NLRB orders finding it 
   unlawfully discharged a total of eight workers for engaging in protected 
   labor activities and ordering reinstatement. Upon review of each 
   employee's termination, substantial evidence supports the Board's labor 
   law conclusions. After initial briefing RELCO raised issue challenging the 
   Board's composition and claiming three members had been appointed in 
   violation of the recess appointments clause of the U.S. Constitution. 
   RELCO waived its challenge to the Board's composition because it did not 
   raise the issue before the Board and therefore 29 U.S.C. sec. 160(e) bars 
   this court from considering the issue. In addition, because the Board's 
   decision was not "patently . . . outside the orbit" of the Board's 
   authority nor were there any new developments of fact or law unavailable 
   to RELCO during the original Board hearing, this case did not present 
   extraordinary circumstances required for this court to reach the 
   unpreserved argument. Judge Smith dissents on the recess appointment 
   issue. 
  
123077P.pdf   08/20/2013  Joseph H. Page  v.  Farm Credit Services, etc.
   U.S. Court of Appeals Case No:  12-3077
                          and No:  12-3078
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Melloy, Author, with Chief Judge Riley and Shepherd, Circuit 
   Judges] 
   Civil Case - Diversity - tort. Amended counterclaims asserting negligence, 
   negligent misrepresentation, and breach of duty of fair dealing against 
   Farm Credit Services of America by owners of Big Drive Cattle, LLC were 
   properly dismissed. The negligence claim failed to assert any plausible 
   duty requiring Farm Credit to provide them with accurate reports on the 
   loan collateral; the negligent misrepresentation claim failed for lack of 
   assertion of intent; and the breach of duty of good faith and fair dealing 
   failed to plead sufficient specific facts to establish damages. 

136016P.pdf   08/21/2013  Chelsea Conway  v.  National Collegiate Trust
   U.S. Court of Appeals Case No:  13-6016
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. Bankruptcy court erred in determining debtor's 
   student loans were not dischargeable as she established that her past and 
   present financial resources have been and are presently clearly 
   insufficient to service the entire debt while maintaining a minimum 
   standard of living, and there is no evidence to show she may have the 
   possibility of earning a higher income in the future; as a result, the 
   matter must be remanded to the bankruptcy court to determine whether 
   debtor's present disposable income, if any, over the course of an entire 
   year is sufficient to service any of the individual loan payments due NCT. 
  
136031P.pdf   08/21/2013  Patriot Coal Corporation  v.  Peabody Holding Company
   U.S. Court of Appeals Case No:  13-6031
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Kressel, Author, with Federman, Chief Judge, and Shodeen, 
   Bankruptcy Judges] 
   Bankruptcy Appellate Panel. While Heritage Coal's rejection of its 
   collective bargaining agreement relieves it of its contractual obligation 
   to pay benefits, it still has a statutory obligation to pay those 
   benefits, at least until all of the steps of Section 1114 are complied 
   with; upon rejection of a "me too" agreement under Section 1113, absent 
   modification under Section 1114, Heritage was required to comply with the 
   terms of the individual employer plan and provide its retirees those plan 
   defined benefits; here, neither Heritage nor the United Mine Workers 
   requested a modification under Section 1114; Peabody Holding's obligation 
   for benefits is also undisturbed. 

113616P.pdf   08/22/2013  WFC Holdings Corporation  v.  United States
   U.S. Court of Appeals Case No:  11-3616
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] 
   Civil case - Federal Tax. Judgment of the district court, which held WFC 
   was not entitled to a tax refund for a capital loss it claimed as a result 
   of a complex transfer of leases and the sale of stock, is affirmed as WFC 
   failed to adequately show that the transaction had either objective 
   economic substance or a subjective, non-tax business purposes. 

Ninth Circuit:
RUSAK V. HOLDER
USA V. SAMUEL COHEN
CAMERON REED V. USA
PLANNED PARENTHOOD ARIZONA INC V. TOM BETLACH
ANGELO DAHLIA V. OMAR RODRIGUEZ
JACQLYN SMITH V. CLARK COUNTY SCHOOL DISTRICT
MICHELLE RICHARDS V. ERNST & YOUNG, LLP
WILLIAM JIMENEZ BOLANOS V. ERIC HOLDER, JR.
DUENAS-ALVAREZ V. HOLDER
USA V. DAMIEN ZEPEDA
CARPENTERS PENSION TRUST FUND V. MICHAEL MOXLEY

Tenth Circuit:

Nothing published today, other days unknown.

Eleventh Circuit:

Cathy Jackson-Platts v. General Electric Capital Corporation11-143798:10-cv-02937-VMC-TGW08-22-2013NEWview
USA v., Alexander McQueen, et al12-108401:11-cr-20393-CMA-108-22-2013NEWview
Nicole Maddox v. Babette Stephens12-152371:10-cv-02742-AT08-21-2013NEWview
J.R. v. Michael Hansen12-142124:11-cv-00417-WS-CAS08-20-2013CERview
USA v. Kareen Rasul Griffin11-155583:11-cr-00124-RBD-MCR-108-20-2013ORDview

DC Circuit:

11-1131National Association of Clean Water Agencies v. EPA
 08/20/2013
11-5316Conservation Force, Inc. v. Sally Jewell
 08/20/2013
 Federal Circuit:




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.