Tuesday, March 31, 2015

New Opinons - Very Short Form

Sorry Global Legal Community, running late, so case names & links only for yesterday and today..

MB

First:
03/30/201512-2490P.01A12-2490 US v. Navedo-Ramirez
    District Court of Puerto Rico, San Juan
03/30/201514-1018P.01A14-1018 AFDI v. MBTA
    District of Massachusetts, Boston
03/30/201514-1018P.01A14-1289 AFDI v. MBTA
    District of Massachusetts, Boston
03/30/201514-1286P.01A14-1286 US v. Carpenter
    District of Massachusetts, Boston
03/30/201514-1450P.01A14-1450 Dutkewych v. Standard Insurance Company
    District of Massachusetts, Boston

Second:

Taylor v. Rogich, et al.

Fourth Yesterday:

132003.P Georgia-Pacific Consumer Products v. Von Drehle Corporation 

Fifth:

USA v. Cesar de la Cruz
William Speer v. William Stephens, Director
USA v. Jose Pacheco-Alvarado
Moises Mendoza v. William Stephens, Director

Sixth:

USA v. Patrick Winters 

Seventh:

13-2200USA v.
  David Lockett
criminal03/31/2015Final
 Opinion
PerCuriam
13-2234USA v.
  John Tomkins
criminal03/30/2015Final
 Opinion
Tinder
14-2592Linda Reed v.
  Columbia St. Mary's Hospital
civil03/30/2015Final
 Opinion
Hamilton

Eighth (Summaries from Circuit):

141123P.pdf  03/31/2015  United States  v.  Randy Never Misses A Shot
   U.S. Court of Appeals Case No:   14-1123
   U.S. District Court for the District of South Dakota - Pierre   
   [PUBLISHED] [Smith, Author, with Murphy and Gruender, Circuit Judges] 
   Criminal case - Criminal case. The district court's comments to the 
   prosecution at a sidebar regarding a possible deficiency in its evidence 
   and the court's decision to permit the government to reopen its 
   case-in-chief were not an abuse of the court' discretion and did not 
   prejudice defendant because the jury did not hear the comments and the 
   evidence at that point was, in any event, sufficient to convict defendant 
   on the count; evidence was sufficient to support defendant's convictions 
   for sexual abuse of a minor; the court did not err in rejecting 
   defendant's request for a lesser-included-offense of simple assault; no 
   error in admitting the testimony of six Rule 413 and 414 witnesses as the 
   court concluded the conduct covered by their testimony was similar enough 
   to the conduct charged to prove propensity; even if the admission of six 
   witnesses' testimony raised Rule 403 concerns, any error was harmless in 
   light of the other evidence of propensity; no error in excluding evidence 
   of past sexual assault against a victim under Rule 412. 


141929P.pdf   03/30/2015  Streambend Properties II, LLC  v.  Ivy Tower Minneapolis, LLC
  U.S. Court of Appeals Case No:  14-1929
  U.S. District Court for the District of Minnesota - Minneapolis    
  [PUBLISHED] [Loken, Author, with Bye and Smith, Circuit Judges] 
  Civil case - Interstate Land Sales Full Disclosure Act. For the court's 
  prior opinion in the case see Streambend Props. II, LLC v. Ivy Tower 
  Mpls., LLC, 451 F. App'x 627 (8th Cir. 2012). District court did not abuse 
  its discretion by refusing to permit plaintiff to re-add a party whose 
  prior dismissal on the merits was not challenged in the earlier appeal; 
  plaintiff's Count alleging violation of Section 1703(a)(2)(A)&(C) did not 
  satisfy the pleading requirements of Rule 9(b) because it failed to plead 
  intentional wrongdoing (scienter) and the district court did not err in 
  dismissing the Count; Rule 8 governed the Section 1703(a)(2)(B) 
  allegations in Count I of the complaint, and it was error to dismiss them 
  for failure to satisfy Rule 9; however, the Count failed to state a 
  plausible claim and the dismissal is affirmed; no error in refusing to 
  permit further amendment of the complaint; no error in granting defendant 
  Commonwealth's motion for summary judgment as there was no evidence it 
  made any representations or was involved in the sale of property to 
  plaintiff; the district court did not err in refusing to exercise 
  supplemental jurisdiction over plaintiff's state law claims. 

Ninth:

JOSE MARQUEZ CARRILLO V. ERIC HOLDER, JR.
TROAS BARNETT V. DAVID NORMAN
JOHN DOE V. ROBERT AYERS, JR.
USA V. FRANCISCO JIMENEZ-ARZATE
USA V. TODD FRIES


Tenth today:

  • Siloam Springs Hotel v. Century Surety Co. Filed On:March 31, 2015 Docket #: 14-6119 United States District Court for the Western District of Oklahoma - Oklahoma City  Type: Published Opinion
  • Greenbaum v. Bailey Filed On:March 31, 2015 Docket #: 13-2176 United States District Court for the District of New Mexico - Albuquerque  Type: Published Opinion
Tenth yesterday: Unknown.
Eleventh:
Richard Moss v. City of Pembroke Pines, et al14-112400:11-cv-62595-WJZNEW03-31-2015
Carlos Zelaya, et al v. USA13-147800:11-cv-62644-RNSNEW03-30-2015
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.