Eighth Circuit -- United States v. Baltazar Jimenez-Perez

Sentencing court erred by not recognizing power to vary downward based on lack of fast-track program.

United States v. Baltazar Jimenez-Perez

Seventh Circuit -- Peter Palka v. City of Chicago

Summary judgment proper on a S1983 "municipal inaction theory" - mere attempt to bootstrap a Monell claim.

Title 7 claims barred by res judicata.

Peter Palka v. City of Chicago

Seventh Circuit -- William Shaffer v. American Medical

District Court erred in dismissing FMLA claim, as employer's memo might have been falsely backdated.


Memorandum protected by A/C privilege - crime/fraud not applicable.



William Shaffer v. American Medical

Seventh Circuit -- Bruce Barton v. Zimmer, Inc

 ADEA claims TKO'd for causation.

Bruce Barton v. Zimmer, Inc

Seventh Circuit -- USA v. Calvin Brown

Fair Sentencing Act still not retroactive in the Seventh Circuit.

Sentencing court had discretion not to impose fines.

USA v. Calvin Brown

Fifth Circuit -- USA v. Miguel Carrillo

 "I wish I had a lawyer . . ." not a sufficient request for counsel under Miranda.

Police did not mislead by saying counsel was categorically unavailable for parole revocation hearing.

No error in giving of flight instruction.

Gov't's inadequate 404(b) notice harmless error.

Harmless error in admission of prior meth distribution conviction in trial for meth distribution.

No error in supervised release condition that barred deft from alcohol. 

USA v. Miguel Carrillo

Third Circuit -- USA v. Melvin Lewis

Sentencing bump for committing a crime while out on pretrial release can extend sentence beyond statutory maximum.


USA v. Melvin Lewis

First Circuit -- Spencer v. Roche

Where the warrant is for an examination of the bowels, the parts of the stomach visible in the X-ray are in plain view, constitutionally speaking.

Spencer v. Roche

First Circuit -- US v. Stergios

Sufficient evidence that bank was FDIC-insured where proof of such insurance predating offense and at time of trial.

Requesting mailed ATM cards that were later used fraudulently satisfies furtherance requirement of mail faud statute.

Ebay fraud justifies supervised-release restrictions on internet access.

Inclusion of 1.4m check in loss amounts (which doubled the guidelines range) was within court's discretion.


US v. Stergios

First Circuit -- Redondo Waste Systems, Inc. v. Lopez-Freytes

Dismissal upheld, as none of the captioned defts were alleged to have done anything wrong.

Redondo Waste Systems, Inc. v. Lopez-Freytes

Eleventh Circuit -- White Springs Agricultural Chemicals, Inc. v. Glawson Investments Corp.

No basis to review arbitration award, as all issues were properly submitted.

White Springs Agricultural Chemicals, Inc. v. Glawson Investments Corp.

Tenth Circuit -- Dish Network Corporation v. Arch Specialty Insurance Co.

Patent infringement can trigger duty to defend by way of an advertising injury claim.

Dish Network Corporation v. Arch Specialty Insurance Co.

Tenth Circuit -- Cordova-Soto v. Holder, Jr.

BIA holding that a procedurally correct but substantively unlawful entry into the country was an illegal entry is not unreasonable.

Cordova-Soto v. Holder, Jr.

Ninth Circuit -- TROY MATTOS V. DARREN AGARANO

Qualified immunity to tasering police officers.

Concurrence:  A pregnant woman parked in front of a school was tasered for refusing to sign a parking ticket or get out of her car.

Concur/Dissent (Chief K): Ever tried to get a pregnant woman out of a car?

Concur/Dissent: Disputed issues of material fact in one of the cases.

TROY MATTOS V. DARREN AGARANO

Eighth Circuit -- Libertarian Party of ND v. Alvin Jaeger

 Substantial burden of requiring primary candidates to score 1% of the vote to get on the ballot is justified by state interests.

No unconstitutional burden in limiting voters to one primary election.

As law applies equally, not equal protection violation.

Libertarian Party of ND v. Alvin Jaeger

Eighth Circuit -- Kendrick Story v. David Norwood

Although presence of injury is not a threshold requirement for claim against prison guard for violence, lack of injury can disprove prisoner's claim.

Kendrick Story v. David Norwood

Fifth Circuit -- USA v. Robert Macias, Jr.

 Series of irrelevant questions during Terry stop unconstitutionally prolonged it.

USA v. Robert Macias, Jr.

Fifth Circuit -- Noel Austin v. Burl Cain, Warden

 No double jeopardy where there is a possible theory of the second crime that does not involve the first being a predicate for it.

Concurrent sentence doctrine declined.

Noel Austin v. Burl Cain, Warden

Fifth Circuit -- Countrywide Home Loans v. Lawrence Velazquez, et a

Lending agreement provided for fees.


Countrywide Home Loans v. Lawrence Velazquez, et a

Fifith Circuit -- Spencer ad hoc Equity Com v. Idearc, Incorporated

 Equitable mootness (not Article III mootness) TKO's challenge to bankruptcy plan.

Spencer ad hoc Equity Com v. Idearc, Incorporated

Fifth Circuit -- Dewey Weaver v. Texas Capital Bank, N.A.

 Debtor's claim that surrender of collateral satisfies required payout under Plan, though not barred by Rooker-Feldman, is barred by res judicata. 

Surrender of collateral is a defense to payment - claim was waived when not raised in bankruptcy court.

Dewey Weaver v. Texas Capital Bank, N.A.

Secind Circuit -- Giovanniello v. ALM Media, LLC

TCPA claims borrow the statute of limitations of the forum state where there is a specific SOL for the violation charged.

Concur in J: No need to reach, claim is stale in either case.

Giovanniello v. ALM Media, LLC

Second Circuit -- Collazo v. Pagano

Prisoner claims dismissed for absolute prosecutorial immunity count as "strikes."


Collazo v. Pagano

Federal Circuit -- TRUSTED INTEGRATION, INC. V. U.S.

As the evidence for one of the claims in a suit was insufficient to prove any of the pending claims in other Federal Courts, there was no statutory bar to the jurisdiction of the Court of Federal Claims over that specific claim.

TRUSTED INTEGRATION, INC. V. U.S.

DC Circuit -- Latif v. Obama

Classified Opinion Not Available to Public

Latif v. Obama

Ninth Circuit -- USA V. CHARLES CARPER

No procedural/substantive error in sentence for exporting night-vision equipment.

USA V. CHARLES CARPER

Ninth Circuit -- JEWISH WAR VETERANS OF THE UNI V. CITY OF SAN DIEGO

Denial of en banc.

Dissent:  Secular use of the area around the religious symbol has made it secular.  Symbol has been there for 100 years.

JEWISH WAR VETERANS OF THE UNI V. CITY OF SAN DIEGO

Eighth Circuit -- Mark Broom v. Larry Denney

District court correctly denied Batson habeus, as there were sufficient distinguishing features in the comparator.

Mark Broom v. Larry Denney

Eight Circuit -- Midwest Railcar Repair, Inc. v. South Dakota Dept. of Revenue

 The 4-R restrictions on railroad taxes do not apply to an entity which merely provides repair and maintenance to railroads.

DISSENT - Increases end cost to railroad entity.

Midwest Railcar Repair, Inc. v. South Dakota Dept. of Revenue

Eighth Circuit -- Carlos Sanchez v. Northwest Airlines, Inc.

 District Court erred in dismissing ADA complaint, as, although deft went bankrupt, the claim was incurred in the ordinary course of business, exempting it from being the subject of a required administrative claim.

Carlos Sanchez v. Northwest Airlines, Inc.

Third Circuit -- William Barber, Jr. v. Eric Shinseki, et al

 Errata. 

William Barber, Jr. v. Eric Shinseki, et al

Third Circuit -- Paola Oviedo v. Gregg Hallbauer, et al

US removal of case from State to Federal Court did not vest jurisdiction in the federal court, as the case had reached final judgment in the state venue.

Paola Oviedo v. Gregg Hallbauer, et al

First Circuit -- US v. Harris

No error in judge not holding competency hearing sua sponte given that deft was prononced sane by expert.

Having counsel answer plea in original arraignment was not reversible error.

Speedy Trial Act appropriately tolled.

No error in accepting waiver of additional time to prepare via colloquy.

Reference by witness to deft's declining to provide DNA wasn't prejudicial, appropriately cured, invited by deft's opening statement.

Sufficient evidence.

No ineffective assistance in introduction of culpability-establishing statement, given that counsel might have thought that the witness would testify later.

US v. Harris

First Circuit -- Bonefont-Igaravidez v. International Shipping Corp.

Summary judgment on age discrimination  claims was correct, as no proof of pretext was offered other than dissimilar comparators.


Bonefont-Igaravidez v. International Shipping Corp.

Second Circuit -- Gallop v. Cheney

Sanctions ordered, adjudged and decreed against counsel for frivoluos and vexatious filings in 9/11 conspiracy theory case.  

Counsel of Record's urging that the entire Second Circuit recuse itself from the case was in bad faith - for the next year, counsel must notify any court in the circuit before which he appears of the sanctions.

Order to show cause why similar sanctions should not issue for de facto lead counsel.

Gallop v. Cheney

Eleventh Circuit -- Delgado v. Florida Department of Corrections

No double jeopardy where Appeals Court sets aside the conviction for a faulty legal theory as opposed to an insufficiency of the evidence.

State's theory on burglary was TKO'd on appeal - felony murder and premeditated murder were tied to it.  (The latter as an included offense.)

Delgado v. Florida Department of Corrections 

 [Thou shalt not kill.  TMB.]

Tenth Circuit -- Twigg v. Hawker Beechcraft Corporation

District Court correctly TKO'd S1981 and FMLA retaliation claims for lack of proof.

Twigg v. Hawker Beechcraft Corporation

Ninth Circuit -- USA V. MICHAEL MCENRY

District Court erred in sentencing deft convicted of noncommercial piloting without a license according to the range for interfering with the safety of an aircraft - the correct comparator is piloting a commercial airplane without a license.

Look to the categorical offense, not the conduct.


USA V. MICHAEL MCENRY

Ninth Circuit -- USA V. GREGORY REYES

No prosecutorial misconduct in advancing theory of self-dealing despite structural bars in the operation which woould have barred self-dealing - govt was forthright.


No prosecutorial misconduct in testimony, as not demonstrably false.

No error in materiality finding, given impact on general financials.

Restatement of earnings not dispositive, but part of the total mix.


USA V. GREGORY REYES

Ninth Circuit -- USA V. LENNY URENA

No abuse of discretion in not issuing self-defense instruction where deft was prisoner responding to a slur with a shank.

No error in limiting cross of MD to extent of injuries, not cause of injuries.

No procedural error in sentence, as change in guideline was not retroactive.


USA V. LENNY URENA

Ninth Circuit -- MONTANA CONSUMER COUNSEL V. FERC

Chevron deference to administrative order setting reasonable pricing in light of market rates.


No burden on agency to verify markets empirically.


MONTANA CONSUMER COUNSEL V. FERC

Eighth Circuit -- Christian Escoto-Castillo v. Janet Napolitano

 Petition for immigration review TKO'd for not exhausting administrative remedies & requiring grounds not in the record.


(Said grounds: state court sentencing order of 364 days, and the predicate requires a one year sentence.)


Christian Escoto-Castillo v. Janet Napolitano

Eighth Circuit -- Chanh Lovan v. Eric H. Holder, Jr.

 Where deportation waivers were available prior to non-retroactive repeal of enabling statute, the particulars of a petition must be weighed as they would have been prior to the repeal - not according to the later administrative rules designed to exclude those categories of offenses covered by the earlier statute.

Chanh Lovan v. Eric H. Holder, Jr.

Eighth Circuit -- SEC v. Sherwin Brown

 District Court did not err in issuing summary judgment without allowing deft to respond, as deft invoked 5A after responding to the interrogatory that he now wishes to use.

Disgorgement was appropriate remedy.

Dissent - Inadequate showing of need for equitable remedy of disgorgement; striking pre-5A interrogatories overbroad.

SEC v. Sherwin Brown

Fifth Circuit -- Robert Evans, et al v. Sterling Chemicals, Inc.

Asset Purchase Agreement effectively amended ERISA plan.

Although subsequent rejection in bankruptcy negatived the contractual basis of the agreement, the ERISA guarantee is stronger.

Robert Evans, et al v. Sterling Chemicals, Inc.

Fifth Circuit -- Oscar Jimenez, et al v. Texas Alcoholic Beverage Comm.

 No plain error in District Court's S1983 instruction that reasonable suspicion was required for strip-searches of prisoners suspected of minor offenses.

Even though instruction was in accord with precedent, no futility exception - objection was not preserved at trial.

No abuse of discretion in instruction holding that Hindering Apprehension was a minor offense as a matter of law.

Dissent - Objection preserved, decision not in accord with Scotus precedent holding that the criterion is the effective operation of the detention facility, not the specific crime of the prisoner. 

Dissent 2 - Not in accord with the Scotus precedent.

Dissent 3 - Search not required if detainee doesn't enter general population.

Oscar Jimenez, et al v. Texas Alcoholic Beverage Comm.

First Circuit -- US v. Pleau

Once the Federal Government has sought custody of a prisoner under the IAD, it cannot by writ of ad prosequendum circumvent the statutory power of a Governor to decline to surrender custody.

Appropriate standard is that for advisory writs, not usual madamus/prohibition.

Absent IAD, State would have to honor the writ.

DISSENT:  Writ has been validly issued.

US v. Pleau 

[Thou shalt not kill.  - TMB]

First Circuit -- US v. Rodriguez

Massachusetts Larceny From the Person statute is an ACCA predicate.

US v. Rodriguez

First Circuit -- Bucci v. US

Habeus 6A claim resulting from the partial closure of the courtroom during jury selection (abundance of venirepersons) was procedurally defaulted given lack of objection at trial.

Ineffective assistance claim does not save, as counsel might have reasonably have decided not to object.

No error in conducting 2255 hearing without petitioner.

Remand for hearing as to whether codeft's counsel was in the room at the time.

No Article III violation in the room being closed by clerk.

No Brady violation - no prejudice.

No coercion of prosc. witness.

Bucci v. US 

Federal Circuit -- ROBERT BOSCH LLC. V. PYLON MANUFACTURING CORP.

Lower court erred in not issuing temporary injunction for patent infringement, given clear irrepearble harm from loss of market share.

Good overview of post-Ebay injunciton law, patent-ways.

ROBERT BOSCH LLC. V. PYLON MANUFACTURING CORP.

DC Circuit -- USA v. Bryan Burwell

Going to en banc & rebriefing.

USA v. Bryan Burwell

Eleventh Circuit -- Camilo Ernesto Sanchez Fajardo v. U.S. Atty. Gen.

BIA erred in going beyond modified categorical approach by examining particulars of offense in determining that False Imprisonment conviction was a crime of moral turpitude.

Camilo Ernesto Sanchez Fajardo v. U.S. Atty. Gen.

Ninth Circuit -- STEVEN JAMES V. DORA SCHRIRO

Habeus granted for ineffective assistance in penalty phase.

Claim not procedurally barred, as no firmly established state procedural rule at the time.  Raised in first State PCR, and therefore barred by "law of case" in subsequent PCR, which therefore cannot be grounds for waiver.

STEVEN JAMES V. DORA SCHRIRO

[Thou shalt not kill.  - TMB]

Ninth Circuit -- RUSSELL COUNTRY SPORTSMEN V. USFS

Wilderness plan offends neither NEPA nor state law by further restricting motorized activity.

RUSSELL COUNTRY SPORTSMEN V. USFS

Eighth Circuit -- Patti J. Sullivan v. Raymond Welsh

 Decision to transfer property that otherwise would be exempt under state homestead exemption means that Bankruptcy Code fraudulent transfer provisions apply.

"No harm, no foul" rejected.

Patti J. Sullivan v. Raymond Welsh

Fifth Circuit -- In Re: Cecil Bradford

Republished.  Possibly, errata?

In Re: Cecil Bradford

Third Circuit -- Jane Doe v. County of Luzerne

District Court erred in dismissing 14A privacy claim, as police officer undergoing unclothed de-fleaing in decontamination chamber had a cognizable interest.

As videotaping of officer was not undertaken in the furtherance of an investigation, 4A not implicated.

No error in dismissal of failure to train claim.

Jane Doe v. County of Luzerne

Third Circuit -- Nicole Delalla

Thirty day window to remove to state court runs from service on individual deft, not first deft in suit.

Nicole Delalla

Nicole Delalla v. Hanover Ins Co

First Circuit -- US v. Garcia-Hernandez

Categorically, violations of knock & announce do not exclude evidence in subsequent lawful search.

Exclusionary remedy not available for 4A excessive force claims.

Management sentencing bump applies so long as deft supervises at least one of the group.

Concurrence - Expounding further upon the Constitution would give the police brighter lines.

US v. Garcia-Hernandez

First Circuit -- Colon-Fontanez v. Municipality of San Juan

Insufficient information in record to overrule finder of fact's holding that exhibits offered in evidence weren't properly translated.

No error in court's allowance of paralegal-prepared chart summarizing voluminous writings.

Employee's excessive absences TKO qualified individual status under ADA.

Retaliation claim TKO'd for causation.  No error in dismissal of hostile work environment claim.

Colon-Fontanez v. Municipality of San Juan

First Circuit -- US v. Rogers

Erratum.

US v. Rogers

Second Circuit -- Joseph, et. al v. Hyman, et. al

District Court correctly dismissed federal challenge to state Manhattan parking tax.  

Tax Injunction Act limits remedies; Abstention for comity.

Joseph, et. al v. Hyman, et. al

DC Circuit -- Dick Heller v. DC

D.C. Gun control laws authorized by statute.

Basic registration scheme does not impinge on 2A guarantees.

Aspects of current registration scheme implicate 2A under intermediate scrutiny - remand for facts.

Prohibitions on assault weapons survives intermediate scrutiny.

Dissent - Ban on semiautomatics & registration scheme unconstitutional under Heller.

Dick Heller v. DC

DC Circuit -- USA v. Abdul Khanu

Tax - govt corrctly established deficiency by "cash" method (spending outpaces reported income); deft's insistence that he underreported cash on hand at beginning of year does not avail.

No need to reach question of whether govt-confiscated funds from deft's safe were in custody of deft, as other funds establish the deficiency.


USA v. Abdul Khanu

Eighth Circuit -- Estrella Valencia v. Eric H. Holder, Jr.

Immigration petitioner's ineffective assistance claims were not supported by a showing of prejudice; BIA did not abuse discretion to hear claim.

Estrella Valencia v. Eric H. Holder, Jr.

Eighth Circuit -- Victoria Johnson v. James Carroll

 Appropriateness of force during arrest a matter for trial, given contested facts.

Remand for consideration of costs for state law claims.

Summary judgment granting qualified immunity for state law claims was error.

Dissent - Officers used appropriate force.

Victoria Johnson v. James Carroll

Eighth Circuit -- James Riley v. Sun Life and Health Insurance

 District Court erred in holding that VA benefits could be offset in employer-provided long term disability benefits - VA is not similar to SSA, as the Plan requires.

Dissent - Abuse of discretion appropriate, not de novo.  Administrator's decision was kosher.

James Riley v. Sun Life and Health Insurance

Eighth Circuit -- Caleb R. Sturge v. Northwest Airlines, Inc.

ERISA Claim will not lie as court has no jurisdiction (as it has nothing to do with a CBA) and plaintiff did not establish causation between the dismissal and his pending claim.

Caleb R. Sturge v. Northwest Airlines, Inc.

Federal Circuit -- BOND V. SHINSEKI

VA appeals claims must be evaluated both in relation to pending claims and with respect to potential new claims.

BOND V. SHINSEKI

Federal Circuit -- ABSOLUTE SOFTWARE v. STEALTH SIGNAL

Error in summary judgment on IP tracking patent infringement claim, as nothing in record as to whether device reports one or two IP's.

Conjunctive/disjunctive "or."

No error in literal/equivalent findings of non-infringement.

No errors in construction generally.

ABSOLUTE SOFTWARE v. STEALTH SIGNAL

Federal Circuit -- TIANRUI GROUP CO v. ITC

International Trade Commission can investigate and grant relief based on extraterritorial conduct in violation of trade secret regulations of the Tarriff Act.

Dissent: No, it can't.

TIANRUI GROUP CO v. ITC

Ninth Circuit -- MEZA-VALLEJOS V. HOLDER

Where a period of voluntary departure ends on a holiday, weekend, or any day in which the courts are not open to the petitioner, the period constructively ends on the first subsequent business day.

Skidmore (lack of) deference.

MEZA-VALLEJOS V. HOLDER

Eighth Circuit -- Forrest Allred v. Gilbert Vilhauer

 Finder of fact's determination that not too many cattle were burned in the burn pit is not erroneous.

Forrest Allred v. Gilbert Vilhauer

Eighth Circuit -- Diane Marie Banks v. Kondaur Capital Corporation

 Where creditor has not produced bearer note, summary judgment for creditor is inappropriate.

Diane Marie Banks v. Kondaur Capital Corporation

Eighth Circuit -- United States v. Jason Todd Garreau

 District Court holding of inevitable discovery affirmed on grounds of valid inventory search.

United States v. Jason Todd Garreau