Seventh Circuit: Official Committee of Unsecure v. Jerome Listecki

Catholic Archdiocesan bankruptcy / RFRA

RFRA does not apply where the government is not a party to the action, as the statute specifically requires the government to make a showing as to means narrowing.

Committee of creditors does not act under the color of state law.

Fact that Archdiocese was haled into court insufficient to establish as color of state law.  (Court holds that S1983 standard parallels RFRA.)

Avoiding pre-petition transfer of funds to cemetery fund is a sufficiently narrowly tailored implementation of a neutral policy of general applicability.

Failure to recuse was problematic.


Official Committee of Unsecure v. Jerome Listecki

Second Circuit: In re Peter S. Gordon

Immigration attorney reprimanded & suspended for motions without basis in law, lack of candor to investigating tribunal.

In re Peter S. Gordon

Tenth Circuit: United States v. Trotter (Mardell)

Anders application by counsel to withdraw from futile appeal granted.

Challenges foreclosed by earlier holding in the case -- although that opinion was vacated by Scotus, the vacatur was prompted by a separate issue and the deft did not timely challenge.

United States v. Trotter (Mardell)

Second Circuit: Johnson v. Nextel Communications Inc.

Reversal of class certification in legal malpractice suit challenging mediated outcome to employment suit.

Common issues do not predominate (Walmart).

PLs executed the agreement in different states, this complicates choice of law.

Johnson v. Nextel Communications Inc.

Eighth Circuit: Gary Austin v. Fletcher Long

Interlocutory appeal in S1983 employment action.

Appellate court will not engage in time consuming review of the record in interlocutory appeal on questions of fact.

No error in holding comparators with DUI and ethics charges were comparable to or more seriously affected.  (PL had errors in expense accounts.)

Gary Austin  v.  Fletcher Long

Second Circuit -- Ransmeier v. UAL Corporation, et al.

Double costs sanction against attorney and client for Motion for Recusal held to be antisemitic in character.  Client sanctioned as well, given experience in litigation and close work on the brief.

Ransmeier v. UAL Corporation, et al.

Tenth Circuit -- United States v. Copar Pumice Company

Post-judgment appeal suffices for review of privilege claim.

As Petitioner is a party to the present civil action, no review is possible under non-party protective privilege (Perlman) doctrine.

No review under pragmatic finality doctrine, as the issue is insufficiently final, in a pragmatic sense.

Given alternate avenues of redress, Mandamus not warranted.

United States v. Copar Pumice Company

Ninth Circuit -- IN RE COMPLAINT OFJUDICIAL MISCONDUCT

Litigant with communications disability cannot ask as a reasonable accommodation that caretaker speak for him, as this amounts to the practice of law.

IN RE COMPLAINT OFJUDICIAL MISCONDUCT

Sixth Circuit -- Jeannette Martello v. Joshua Santana

Fee-splitting agreement between non-admitted JD/MD and law firm is void as against public policy.

Fraud claims time-barred, as the plaintiff should have been alerted by earlier shortfalls.

 Jeannette Martello v. Joshua Santana 

Third Circuit -- In Re: Leon A. Kendall

Statement in judicial opinion disagreeing with superior tribunal cannot serve as a basis for criminal contempt charge unless there is a clear and present danger of obstruction or prejudice.  Not judicial immunity, tho --  Free Speech.

In Re: Leon A. Kendall

Second Circuit -- United States of America v. Barton

Court must make finding of requisite financial status before appointing counsel, even if deft declines to provide any information.

United States of America v. Barton

Ninth Circuit -- USA V. RAYMOND RUIZ, JR.

No error in denial of unanimity instruction on felon-in-possession charge - jurors free to vote based on any testimony referencing any part of the alleged ten-minute span.

No harmful error in proscutor's  PPT slide saying that an acquittal would require jurors to find that police lied on the stand.

No error in prosc closing.

USA V. RAYMOND RUIZ, JR.

Seventh Circuit -- City of Livonia Employees' Ret v. Boeing Company

Securities - 10(b) pleading doesn't state a claim when the only source for the claim denies everything when deposed by deft's attorneys.

Earlier dismissal (without prejudice) cures procedural fault in second dismissal (with prejudice).

Remand for Rule 11 sanctions determination despite lack of sanctions in initial decision.  PLSRA mandate that the judge consider sanctions means that an implicit denial of sanctions is appealable.

City of Livonia Employees' Ret v.   Boeing Company

Second Circuit -- SEC v. Lynn A. Smith, et al.

No appeal possible for Rule 11 sanctions under collateral order doctrine, as not nonreviewable, and they implicate the merits of the underlying action.

Court can, however, hear challenge to sanction against a trustee where inextricably intertwined with an injunction.

Sufficient evidence for sanctions against trustee.

SEC v. Lynn A. Smith, et al.

First Circuit -- In Re: Bulger

Mandamus to remove judge in RICO case who worked as prosecutor during time of the alleged offenses.  Standard: no reasonable reading of the record supports judge's refusal to recuse self.

In Re: Bulger

Third Circuit -- James Freeman v. Pittsburgh Glass Works LLC

Article III court retained jurisdiction over arbitration as it administratively closed the case, as opposed to dismissing it.

Argument of waiver was itself waived in the court below.

Campaign contribution from party to arbitration did not impugn impartiality.  (Bonus - opposing counsel donated five times as much.)

No fraudulent inducement to accept the arbitration outcome.

James Freeman v. Pittsburgh Glass Works LLC

Second Circuit -- Mitchell v. Lyons Prof’l Servs., Inc.

Error in court's denying writ of execution -- as a technique to sanction counsel.

Mitchell v. Lyons Prof’l Servs., Inc.

First Circuit -- Gilberti v. Coppola

Rule 11 sanctions upheld for untenable claims of usury and conversion.

Gilberti v. Coppola

Second Circuit -- In re Payne

Public reprimand of solo with Immigration practice.

In re Payne

Ninth Circuit -- USA V. MARK PHILLIPS

Plain error in trial court holding that buying a watch through the mail with the loot is sufficient to trigger the mail fraud statute.

As the money laundering was sufficiently separate from the fraud, there is no merger problem that would require the court to hold that the money laundering was conducted with profits as opposed to gross proceeds of fraud.  (The funds can be characterized one way for one underlying offense, and the other for the other.)

No plain error in prosc's description in closing of deft's testimony as lies.

No plain error in sentencing instruction that deft not frequent areas where illegal drugs are used or sold - condition implies a mens rea element.

Where government seeks only monetary forfeiture, no jury/Apprendi requirement - court below erred in denying.

USA V. MARK PHILLIPS