No post 3/23

We'll do a comprehensive roundup tomorrow, probably early.

MB

Next Update Tomorrow

It's a bit early, and there's only a handful up (one in the Fifth, a couple in the Sixth; one in the Eighth; one apiece in 11th & Federal Circuit), so we'll plan to post those in tomorrow's run & head out in search of some St. Joseph's Day cookies.  Cheers.

MB

Friday's post will happen Saturday

Today's cases will be posted tomorrow.  If the crick don't rise.  

-MB

Coverage

 Very complex FLSA ruling out of the Tenth today, spotted a mention of FRE/hearsay as well.  11th has one case.  Unfortunately, I'm out of time here.  Will catch up these two with late-breaking posts from the senior circuits tomorrow.

A day away.

Rest of today's opinions posted tomorrow.

MB

Next Update Wednesday

Next update will be Wednesday, 3/4.

MB

Hiatus

We hope to return to normal publishing soon.  This is a going concern, but precisely where it's going remains to be seen.

MB

Next post Monday

Again, apologies for the lack of summaries.

-MB

Next Post Monday

Thursday, Friday, and Monday's decisions.  Links, at minimum.  Hoping for more.

MB

2,500 or so

Sometime yesterday, we passed 2,500 posts.  (It's best to mark the milepost a bit inaccurately than not to mark it at all -- at least from a traveller's point of view.)

The objective of the blog remains the same as it was at launch -- a quick summary of and link to the day's published decisions from Circuit Courts of Appeal.  We're aware that some Circuits' web links are dynamically generated, and that they might not last more than a day or so, but if you click the subject tabs above, you can get a rough sampling of recent decisions on a given subject.  

As always, entertainment purposes only -- it is most emphatically not the purpose of this blog to say what the law is.

And we thank you for your support.

-MB

Circuit Break?

Only one published opinion from the circuits is up as of this writing -- from the Ninth, summarized, supra/infra.    No published opinions today -- the one in the Ninth is an amended opinion.  We'll check again tomorrow, as the Fourth apparently hasn't rolled yet, and the First and Second sometimes slip ones over the transom late in the day.

Odd -- having done this for about 2,500 posts, this is the lightest day in memory.

MB

Next update

All of Monday's published opinions have been posted.  Next update Wednesday night.  (Will try to list both today's and tomorrow's.)

If the crick don't rise.  

-MB

Tuesday is the new Monday

Monday's opinions will be listed Tuesday morning.

MB

Balance of today's opinions

Plans of mice and men.  Have to wrap this up quick.  Here are the rest of today's decisions:

Sixth:

USA v. MedQuest Associates, Inc. 
A.C. v. Shelby County Board of Education 

Seventh:

USA v.   Jon Burge
Isaiah Brady v.   Randy Pfister
Ivan Hernandez v.   Michael F. Sheahan
Gabriela Arteaga v.   USA  (Poz)

Eighth:

122767P.pdf 04/01/2013 United States v. Adam Fernandez U.S. Court of Appeals Case No: 12-2767 and No: 12-2774 and No: 12-2784 and No: 12-2787 and No: 12-3358 U.S. District Court for the Western District of Arkansas - Ft. Smith [PUBLISHED] [Per Curiam - Before Murphy, Smith and Gruender, Circuit Judges]
Criminal case - Criminal law. Nondelegation challenge to SORNA rejected as SORNA's relatively narrow delegation of authority to the Attorney General was guided by an intelligible principle for delegation and was consistent with the requirements of the nondelegation doctrine.

122619P.pdf 04/01/2013 Annex Properties, LLC v. TNS Research International U.S. Court of Appeals Case No: 12-2619 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Per Curiam - Before Loken, Melloy and Colloton, Circuit Judges]
Civil case - contracts. The district court erred in determining plaintiff was only entitled to two months of a claimed four months' rent after defendant held over and created a tenancy at will which it failed to terminate in accordance with Minnesota law. Judge Loken, with whom Judge Melloy joins, concurring.

122125P.pdf 04/01/2013 United States v. Todd Hobbs U.S. Court of Appeals Case No: 12-2125 U.S. District Court for the District of Nebraska - Lincoln [PUBLISHED] [Loken, Author, with Bright and Colloton, Circuit Judges]
Criminal case - Sentencing. District court did not abuse its substantial discretion by imposing special conditions on defendant's supervised release which required probation office advance approval before he could reside with or contact children under 18 (including his own) or possess any material that is sexually stimulating or sexually oriented.

121974P.pdf 04/01/2013 Olympus Insurance Company v. AON Benfield, Inc. U.S. Court of Appeals Case No: 12-1974 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
Civil case - Insurance. District court correctly determined that under the unambiguous language of the contract defendant was relieved of any obligation to pay plaintiff an annual fee because plaintiff's decision not to renew the brokerage agreement activated the agreement's forfeiture provision.

121186P.pdf 04/01/2013 Northern States Power Co. v. IBEW, Local 160 U.S. Court of Appeals Case No: 12-1186 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Shepherd, Author, with Murphy and Beam, Circuit Judges]
Civil case - Labor Law. The language in the arbitrator's decision - that the employer had demonstrated justification for an employee's termination - was sufficient to show the arbitrator found the termination was supported by just cause; as a result, the arbitrator had no authority to address the question of remedy or to fashion a remedy other than termination, and the district court properly vacated the arbitrator's award of reinstatement. Judge Murphy, dissenting.

Ninth:

USA V. GUSTAVO REYES-CEJA
JENNIFER WESTENDORF V. WEST COAST CONTRACTORS OF NV

Tenth:

 11-6040  Lockett v. Workman

Eleventh:

Fane Lozman v. City of Riviera Beach, Florida, et al

Back to (~) normal with tomorrow's posting, likely late afternoon.  Cheers.

MB

Friday and Today

Rolling a bit early today, so some Circuits might not be up yet.  Looks like Friday was a busy day for the First Circuit and DC Circuit -- though the New Plan is to only post the day's opinions, we'll add a few of Friday's as well.

So it's a bouilabaisse of early postings for today and some of what came in over the transom Friday.

MB

No Posting Today

Today's published Circuit opinions will be posted and tagged tomorrow.

MB

Milepost

Well, somewhere in the last few dozen posts, we passed 2,000 decisions.  And there was much rejoicing.

MB

Site Update

Updating as many circuits as possible in the time available each day.  Later postings, therefore, for Western and Mountain circuits.  Normal service perhaps within a week.

MB

Limited Service Continues

TK -- Two more in the 11th from last week, plus DC and Federal from last week.  Next update of the e'er rolling stream probably Monday.

MB

Limited Service Continues

Last week's opinions from the 8th, 9th, et seq. tomorrow.  Monday afternoon, perhaps back on the same-day clock.  Headlines only, natch.

MB