Eighth Circuit -- United States v. Juan Delgado

 Proof did not vary from indictment - a single conspiracy was proved, not multiple ones.

Sufficient evidence.

United States v. Juan Delgado

Eighth Circuit -- Wells Fargo Bank, N.A. v. WMR e-PIN, LLC

 For purposes of diversity jurisdiction, a national bank is a citizen only of the home state where its main office is located.  

Injunctive relief by arbitrator was kosher.

In a trade secrets arbitration, inquiry into patent inventions is permissible.

Abuse of discretion in not amending injunction to remove prohibitions on use of ideas which became public-domain during the pendency of the action.

Dissent: Principal place of business, not head office governs.

Wells Fargo Bank, N.A. v. WMR e-PIN, LLC

Eighth Circuit -- Planned Parenthood Minnesota v. Mike Rounds

Abortion advisories generally upheld.

Human being advisory doesn't substantially limit access to abortion.

Relationship advisories (prevention of forced abortion) are constitutional.

Suicide advisory violates due process and docs' free speech.

General medical risks constitutional.

Concur/dissent - Suicide advisory justified.

Planned Parenthood Minnesota v. Mike Rounds

Eighth Circuit -- Elliot Kaplan v. Mayo Clinic

 Admission of entire patient file - which contained 54 mentions of insurance - and not giving limiting instruction was harmless error.

No error in admission of medical photos without clear chain of custody - putative manipulation is mere speculation.

No plain error in not mentioning doctor by name in jury instruction.

Doc should have done the biopsy - contract claim can go to trial.

Elliot Kaplan v. Mayo Clinic

Seventh Circuit -- Edgenet, Inc. v. Home Depot U.S.A

Copying of licensed taxonomy to internal systems as preparation for developing a proprietary system did not violate the Copyright Act.

Edgenet, Inc. v. Home Depot U.S.A

Seventh Circuit -- Basil Frye v. Thompson Steel Company

Offsetting pension remuneration by workman's comp. awards for partial permanent disability where Plan allows for offset of awards for permanent disability was not an abuse of discretion.

Basil Frye v. Thompson Steel Company

Sixth Circuit -- Regina Adamski v. Rohm and Haas Pension Plan

Class action settlement on COLA calculations for ERISA lump-sum payouts approved, despite recent decisions in other circuits that make the plaintiff's claim stronger.

Regina Adamski v. Rohm and Haas Pension Plan

Seventh Circuit -- James Breneisen, Jr. v. Motorola

Employer's exacerbation of medical condition is irrelevant to FMLA claim.

Deft's voluntary tender of full claim sans fees (which were in claim) makes the claim moot. 

James Breneisen, Jr. v. Motorola

Seventh Circuit -- Kolbe & Kolbe Health v. Medical College of Wisconsin

ERISA civil action provision cannot be used to recover payments to a non-covered party.

State ERISA common law is not an ERISA mechanism, but a parallel system aimed at the same objectives - therefore dismissal of federal ERISA claim doesn't necessitate dismissal of state claims.

Kolbe & Kolbe Health v. Medical College of Wisconsin

Seventh Circuit -- Dominic Forte v. William A. Brandt

No error in Bankruptcy court holding board member of company to be an insider for purposes of avoiding transfers, despite the fact that the board member was barred from seeing the books.


Dominic Forte v. William A. Brandt

Seventh Circuit -- Saad Sarhan v. Eric Holder, Jr.

Denial of withholding of removal was error, as Jordanian woman subject to "honor killing" upon return is a member of a particular social group - Jordainian women accused of illicit activities.  

No deference to BIA, as nonprecedential finding.

Also references Convention Against Torture.

Saad Sarhan v. Eric Holder, Jr.

Seventh Circuit -- e360 Insight v. Spamhaus Project

Discovery delays & excessive gamesmanship take the damages from several mil to three bucks.

e360 Insight v. Spamhaus Project

Seventh Circuit -- Mark Rodgers v. Jesse White

Jury could reasonably find discrimination given disparate treatment of comparator.

Mark Rodgers v. Jesse White

Seventh Circuit -- USA v. Jake Richardson, III

Drugs found in pat-down during Terry stop might have been a weapon - the police were justified in examining the suspicious lump in the pocket.

Subsequent voluntary statements admissible.

USA v. Jake Richardson, III

Sixth Circuit -- Marcia Bryson v. Middlefield Volunteer Fire Dep't

No independent antecedent remuneration requirement for employee status in Title VII inquiry.  (Id est, you ain't got to be paid to be an employee.)

One of many factors in determining agency.

Circuit split flagged with 2.

Marcia Bryson v. Middlefield Volunteer Fire Dep't

Sixth Circuit -- Kevin Brown v. David Bobby

No 6A speedy trial violation habeus.  AEDPA deference.

Dissent: 584 days, dude.

 Kevin Brown v. David Bobby

Sixth Circuit -- Reginald Walker v. Greg McQuiggan

Habeus granted on ineffective assistance - counsel did not present insanity defense.


Reginald Walker v. Greg McQuiggan

Sixth Circuit -- Rodney Cochran v. Dan & Don Gilliam

Police active role in eviction and taking possession of tenant's personalty bars summary judgment for them on qualified immunity.

In addition to effecting the seizure, police bought the tenant's TV from the landlord for $100 to put in the office.

Rodney Cochran v. Dan & Don Gilliam

Sixth Circuit -- Bio-Medical Applications of Tenn v. Central States Southeast and SW

Group health care plan cannot immediately deny coverage to individual diagnosed with kidney disease before becoming eligible for Medicare. 

Statutory requirement for demonstrated responsibility on the part of the private plan as an element of the civil private cause of action limits tortfeasors, not contractual parties.

Unclear what is doubled in statutory double damages - remand.

Bio-Medical Applications of Tenn v. Central States Southeast and SW

Sixth Circuit -- Jose De Jesus Casillas v. Eric Holder, Jr.

Federal Courts of Appeal only have jurisdiction over orders of final removal - petitioner's stay of removal, speedy bond hearing are not within court's jurisdiction.

Jose De Jesus Casillas v. Eric Holder, Jr.

Second Circuit -- Collazo v. Pagano

Prisoner claim dismissed because of absolute prosecutorial immunity counts as a frivolous litigation strike under S1915.

Collazo v. Pagano

Second Circuit -- Dyncorp v. Dir., OWCP

Symptoms of PTSD, changing work assignments, and counseling are not evidence sufficient to establish knowledge of psychological incapacity for purposes of assessing the accrual date of the Longshoreman's Act Statute of Limitations.

Dyncorp v. Dir., OWCP

Federal Circuit -- HARARI V. LEE

Thus, the dispute is whether the ’579 application’s description of margining and biasing a master reference cell relative to a local reference cell provides written description support for the offset erase verify bias claims. We decline to resolve this technical, fact-intensive question in the first instance, and instead vacate and remand to the Board for further proceedings consistent with this opinion. . .

Moreover, accessing multiple bit lines simultaneously with a multiplexer is not accessing a single bit line. Similarly, calling multiple bit lines a “composite bit line” as Harari does in its briefs does not make it so. Accordingly, we affirm the Board’s decision granting Lee’s threshold motion alleging unpatentability for lack of written description and its judgment on priority against Harari

HARARI V. LEE

Tenth Circuit -- Kansas Penn Gaming, LLC v. Collins

Class of one Equal Protection claim insufficiently pleaded under Twombly.

Gov't had discretion to send nuisance letter.

Kansas Penn Gaming, LLC v. Collins

Tenth Circuit -- United States v. Hong

Errata

United States v. Hong

Ninth Circuit -- JONATHAN ALVAREZ V. CHEVRON CORPORATION

Class action against gasoline company for nonpremium gas sold at premium prices due to residuum in pump from prior customer was properly dismissed, as there's no statute or common-law doctrine barring the conduct.

JONATHAN ALVAREZ V. CHEVRON CORPORATION

Ninth Circuit -- USA V. STACY HUNT

Court erred under Apprendi in sentencing where it calculated possession with intent to distribute without possession having been proved beyond a reasonable doubt.

USA V. STACY HUNT

Ninth Circuit -- RAY HRDLICKA V. PERRY RENIFF

Denial of En Banc: Prisoners have a right to junk mail.

RAY HRDLICKA V. PERRY RENIFF

Ninth Circuit -- USA V. CHARLES LAFLEY

RFRA does not allow marihuana use while on supervised release.

USA V. CHARLES LAFLEY

Ninth Circuit -- LEVI JACKSON V. CHARLES RYAN

Although there was unconstitutional error in trial court's felony murder instruction, remand for assessment of habeus under AEDPA's ineffective assistance criteria.

LEVI JACKSON V. CHARLES RYAN

Ninth Circuit -- LI V. HOLDER

Petitioner's method of illegal entry was so dangerous to himself that it justifies deportation.

Court has jurisdiction after denial of relief but during pendency of DHS background checks

LI V. HOLDER

Ninth Circuit -- ELIN PHIFER V. ICELANDAIR

Errata.

ELIN PHIFER V. ICELANDAIR

Eighth Circuit -- United States v. Patricia Brown

Victim's age is a sentencing factor, not an Apprendi element that must be proven beyond a reasonable doubt.

Seeing brass knuckles and knife in flashlight beam through car window was sufficient probable cause for officer to search car.

No error in not severing assault from murder, as evidence of either would have been admissible in trial of the other.


United States v. Patricia Brown

Seventh Circuit -- USA v. Azureeiah O'Connor

Evidence in record establishes that there was no Speedy Trial Act violation, as judge issued continuance for kosher reasons, although not formally placing them in the record until later.

No 6A speedy trial violation, as deft was responsible for much of the delay.

Joint venture instruction challenge waived, as trial counsel agreed to instruction.

Sufficient evidence.

No surplussage in indictment.

USA v. Azureeiah O'Connor

Seventh Circuit -- Nature Conservancy v. Wilder

Laches defense to claim for damages for breach (rather firmly) denied for lack of proof of prejudice.

Nature Conservancy v. Wilder

Seventh Circuit -- Juan Torres-Tristan v. Eric Holder,

Circuit Courts do not have jurisdiction to review denial of U-Visas (issued for cooperating with criminal investigations).

Juan Torres-Tristan v. Eric Holder,

Seventh Circuit -- Christian Arroyo v. USA

FTCA claim not time-barred, as SOL accrued upon subjective discovery of injury, within range of objectively reasonable time-frame for discovery.

Poz: extended special concurrence / accrual dicta

Christian Arroyo v. USA

Seventh Circuit -- USA v. Buruji Kashamu

Foreign magistrate's finding in extradition proceedings that there was insufficient evidence to extradite (as deft's brother might have committed the crimes) does not collaterally estop US from continuing to attempt to extradite him from other nations.

USA v. Buruji Kashamu

Seventh Circuit -- USA v. James McKenzie

For sentencing guidelines purposes, the amount of cocaine that the conspiracy tried to steal was the reasonably foreseeable amount, not the agreed upon amount.

USA v. James McKenzie

Seventh Circuit -- Pamela Harris v. Pat Quinn

State as employer may require employees to contribute fair share monies to union - no First Amendment violation.

Claims of nonunionized sectors not yet ripe, as the state has not formally demanded such contributions yet.

Pamela Harris v. Pat Quinn

Third Circuit -- Cheikh Diop v. US Immigration and Customs Enf

Statute mandating that removable persons who commit certain crimes must be detained does not justify incarceration for more than two years - 5A Due Process kicks in.

Cheikh Diop v. US Immigration and Customs Enforcement

First Circuit -- Sterling Merchandising, Inc. v. Nestle SA

No standing for antitrust claim based on speculative market harms where prices fell and supply rose in the near term.

Sterling Merchandising, Inc. v. Nestle SA

First Circuit -- Wright v. Marshall

No ineffective assistance in not objecting to witness' adoption of ADA suggestion on direct.  

No ineffective assistance in not objecting to certain evidence.

Ni ineffective assistance in not requesting misidentification instruction.

Wright v. Marshall

First Circuit -- US v. Mubayyid

Government variance from the particular object of the conspiracy alleged in the indictment should not have barred conviction on a narrower conspiracy.

In that the tax fraud question was at most arguably ambiguous, its ambiguity was properly a matter for the jury.

Sufficient evidence for tax convictions.

Gov't had only to prove concealment of either of two facts described in the conjunctive in the indictment.  (A double preposition, yes.  Moving on.)

Harmless error in admission of phone conversation.

Deft argument that terrorist-type evidence presented to establish conspiracy created a retroactive misjoinder id TKO'd by circuit reversal on conspiracy, above


US v. Mubayyid 
US v. Al-Monla 
US v. Muntasser 
US v. Muntasser 
US v. Mubayyid

Federal Circuit -- CARDIOSOM, L.L.C. V. U.S.

Given ambiguity in shielding statute, Tucker Act jurisdiction remains for suit alleging breach by government.

CARDIOSOM, L.L.C. V. U.S.

Federal Circuit -- AIA ENGINEERING LTD. V. MAGOTTEAUX INTERNATIONAL S/A

Because the district court erred in construing the claim term “solid solution,” and thus erred in determining that the reissued claims impermissibly recaptured surrendered subject matter, we reverse and remand.

AIA ENGINEERING LTD. V. MAGOTTEAUX INTERNATIONAL S/A

Federal Circuit -- CLASSEN IMMUNOTHERAPIES, INC. V. BIOGEN IDEC

Although the presence of a mental step does not in itself DQ the patent, the process must bring the idea to application.

[Again, folks, Patent Law isn't one our strong suits here.  And by "strong suits", we mean "things we have the slightest clue about."]

CLASSEN IMMUNOTHERAPIES, INC. V. BIOGEN IDEC

DC Circuit -- David Bowie v. Charles Maddox

Government employee has no First Amendment basis for refusal to sign an affidavit in an employment discrimination.

Big ol' circuit split.

David Bowie v. Charles Maddox

Eleventh Circuit -- Arturo Jose Carrizo vs US Attorney General

Substantial evidence supports Immigration adverse credibility finding.

Arturo Jose Carrizo vs US Attorney General

Tenth Circuit -- Hull v. IRS

IRS properly withheld FOIA information, as the request on its face sought only a third party's return information.

Hull v. IRS

Tenth Circuit -- United States v. Irvin

Harmless error in introduction of business record, another record was kosher.

Detailed challenges to sufficiency of evidence and sentencing.

United States v. Irvin

Tenth Circuit -- Mascorro v. Billings

Qualified immunity denied, as no reasonable officer would have thought that pursuit of a minor for a minor traffic offense justified warrantless entry into home.


Mascorro v. Billings

Ninth Circuit -- EDWIN LOCKETT V. KEITH ERICSON

4th Amendment S1983 Plaintiff does not have to prove that conviction was reversed where plea was nolo contendre, as the bad search was not an element of conviction.

Appeal waiver in criminal action does not encompass civil claims.

California motor vehicle convictions can't be used for collateral estoppel.


EDWIN LOCKETT V. KEITH ERICSON

Ninth Circuit -- PEDRO JOSE HERNANDEZ-CRUZ V. ERIC H. HOLDER JR.

Order, errata.

PEDRO JOSE HERNANDEZ-CRUZ V. ERIC H. HOLDER JR.

Eighth Circuit -- United States v. Azizia Peterson

 Selective prosecution claim TKO'd for lack of proven animus.

United States v. Azizia Peterson

Eighth Circuit -- Sarah Illig v. Union Electric Company

 The statute of limitations for trespass accrues upon the first action that would give a reasonably diligent owner notification of the trespass.  

Company held easement for purpose X, purpose gradually changed to Y, gov't approved use for Y, X abandoned.  Claim accrues with publication of gov't decision.

Repeated intrusions are necessary for continuous trespass - continuing presence of electrical lines insufficient.

Sarah Illig v. Union Electric Company

Eighth Circuit -- Anantkumar Patel v. Eric H. Holder, Jr

 Strong presumption of effective service arises when immigration notifications are sent via certified mail.

Anantkumar Patel v. Eric H. Holder, Jr

Eighth Circuit -- United States v. James Van Elsen

 No error in excluding evidence that deft repaid embezzled retirement funds, as intent to permanently deprive is not an element of the crime.

United States v. James Van Elsen

Eighth Circuit -- Donovan New v. United States

 Counsel did not provide ineffective assistance.

Donovan New v. United States

Eighth Circuit -- Ali Bazzi v. Tyco Healthcare Group

Dismissed employee's subjective belief of wrongdoing is insufficient to trigger Missouri public policy exception to employment at will.

Ali Bazzi v. Tyco Healthcare Group

Seventh Circuit -- Gloria Rodas v. Swedishamerican

Where a case is removed for federal court under the Federal Officer statute, defects in the original state court jurisdiction do not become derivative jurisdictional impediments unless they are latent and persistent in the federal action.

Where the federal court could have asserted jurisdiction over the original claim, the removed claim is kosher.

Salaried physicians are covered by the Illinois Good Samaritan Act, despite the fact that no fees are accepted for services.


Gloria Rodas v. Swedishamerican

Sixth Circuit -- Golden Living Center-Frankfort v. Sec'y of HHS

Sufficient evidence to warrant administrative penalties for nursing home.


Golden Living Center-Frankfort v. Sec'y of HHS

Third Circuit -- Laura Symczyk v. Genesis Healthcare

Collective (class-ish) action under FLSA is not made moot by a settlement with putative representative prior to certification so long as at least one other person opts-in to the suit prior to certification.

Laura Symczyk v. Genesis Healthcare

Third Circuit -- Mitchell Partners LP v. Irex Corp

Under Pennsylvania law, minority shareholders seeking appraisal may also pursue a breach of fiduciary duty claim.

Dissent: Post-merger, appraisal is the only remedy available.

Mitchell Partners LP v. Irex Corp

First Circuit -- City Sanitation, LLC v. Allied Waste Services of MA

The right to sue in tort cannot be passed to a secured creditor as proceeds of original collateral.  

Not stating the issue in a first-tier bankruptcy appeal waives it for subsequent appeals.

Bankruptcy settlement was within discretion of court.


City Sanitation, LLC v. Allied Waste Services of MA

First Circuit -- Coffill v. Coffill

Summary judgment claiming defective powers of attorney to be scriveners error is inappropriate, as signatory alleges fraud, and therefore reformation (according to signatories' mindset) is problematic.

Coffill v. Coffill

First Circuit -- US v. Butler-Acevedo

 No abuse of discretion in sentencing court limiting its consideration of deft's history & characteristics to behaviour on supervised release.


Other misc sentencing issues.


US v. Butler-Acevedo

Tenth Circuit -- United States v. Hong

Padilla v. Kentucky is a new rule, but it doesn't apply retroactively to cases on collateral review.

Split with Third Circuit, which recently held it to be an old rule.


United States v. Hong

Tenth Circuit -- Sigala v. Bravo

No tolling for habeus petition where deft was informed of proceeding which could result in amended judgment and sentence, but didn't follow up to discover the new judgment and sentence.

Sigala v. Bravo

Tenth Circuit -- United States v. Acosta-Gallardo

Crim - conviction upheld against several challenges.

[Sorry, TMB running low on time.  In the mix: Brady violation, sufficient evidence, morphing indictment.]


United States v. Acosta-Gallardo

Tenth Circuit -- Miami Tribe of Oklahoma v. United States

No error in holding that BIA can cancel land transfer to tribe where it has valid policy concerns to do so.

Gov't can appeal even where, in the end, it substantially prevails in first action.


Miami Tribe of Oklahoma v. United States

Tenth Circuit -- United States v. Cordery

Error in increasing length of sentence for rehabilitative purposes.


United States v. Cordery

Ninth Circuit -- BARBEE LYON V. CHASE BANK USA, N.A.

Error in dismissal of state debt collection statute action, as although the statute doesn't protect against efforts to collect false debts, there is no evidence in the record that the plaintiff's debt is false.

Detrimental reliance need not be shown for verdict of actual damages under FCBA.

BARBEE LYON V. CHASE BANK USA, N.A.

Ninth Circuit -- USA V. KEVIN CROWDER

Ignorance of the sexual offender registration laws is no excuse.

USA V. KEVIN CROWDER

Eighth Circuit -- Rick D. Lange v. Inova Capital Funding, LLC

Bankruptcy - no error where preferential transfer was held to be avoidable.


Rick D. Lange v. Inova Capital Funding, LLC