Ninth Circuit -- JOHN FAULKNER V. ADT SECURITY SERVICES, INC.

State claim removed to Federal Court has leave to amend to reach Iqbal threshold.

JOHN FAULKNER V. ADT SECURITY SERVICES, INC.

Eighth Circuit -- United States v. Carlos Ponce

Possession of meth not a lesser included of possession with intent to distribute.

[Party name ensures SCOTUS cert.]

United States  v.  Carlos Ponce

Seventh Circuit -- Wisconsin Education v. Scott Walker

In which the Wisconsin anti-union law is upheld.

Wisconsin Education v. Scott Walker

Seventh Circuit -- Linda Roddy v. Michael Astrue

Substantial evidence vel non on SSA decision.

Linda Roddy v. Michael Astrue

Seventh Circuit -- Yi Chen v. Eric Holder, Jr.

Immigration/ China.

Yi Chen v. Eric Holder, Jr.

Seventh Circuit -- USA v. Darrick Boroczk

Pr0n sentencing.

USA v. Darrick Boroczk

Seventh Circuit -- Asim Chaudhry v. Eric Holder, Jr.

Invasion of privacy claim for being filmed without consent.

Asim Chaudhry v. Eric Holder, Jr.

Seventh Circuit -- Alonzo Suggs v. USA

Whether a Habeas challenge filed after one collateral challenge that resulted in resentencing is second/successive if it only challenges underlying conviction.

Alonzo Suggs v. USA

Sixth Circuit -- Robert Stocker, II v. USA

Tax.

Robert Stocker, II v. USA 

Fifth Circuit -- ?

Range of opinions show as posted yesterday, but they look like they've all already been issued.

http://www.ca5.uscourts.gov/Opinions.aspx?View=Last7

Fourth Circuit -- US v. Antwan Jackson

Confrontation Clause exception for when deft makes the witness unavailable doesn't require that witness unavailability be the sole motive of deft's actions.

US v. Antwan Jackson

Fourth Circuit -- Center for Individual Freedom v. Natalie H. Tennant

1A challenge to state Campaign Finance statutes.

Center for Individual Freedom v. Natalie H. Tennant

Second Circuit -- Linde v. Arab Bank, PLC

No colateral jurisdiction over District Court discovery orders under Alien Tort Claims Act and Anti-Terrorism Act, Mandamus will not issue.

Linde v. Arab Bank, PLC

Second Circuit -- Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

New 2 Cir. test for whether there is a duty to bargain over certain terms referenced by CBA.

Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

First Circuit -- US v. Rayner

No error in sentencing.

US v. Rayner

First Circuit -- US v. Armstrong

Whether 2A bars certain offenses from being valid predicate for sentencing purposes.

 US v. Armstrong 

First Circuit -- US v. Voisine

Brief per curiam on 2A.

US v. Voisine 

First Circuit -- Global Naps, Inc. v. Verizon New England, Inc.

Injunction preserving assets of troubled company.

Global Naps, Inc. v. Verizon New England, Inc. 

First Circuit -- US v. Matias

Crim - evidence, bad statements in closing.

 US v. Matias 

First Circuit -- Boston Gas Company v. Century Indemnity Company

Insurance coverage for environmental cleanup

Boston Gas Company v. Century Indemnity Company 

First Circuit -- Khattak v. Holder, Jr.

Immigration.

Khattak v. Holder, Jr. 

First Circuit -- Colby v. Union Security Insurance Compa

Insurance coverage for disability.

Colby v. Union Security Insurance Company

Abridged Service Continues

Quick headlines only today.  As always, entertainment purposes only.

Cheers,

MB

Federal Circuit -- W.C. V HHS [OPINION]

Temporal proximity insufficient for causation for claim under Vaccine Act.

Aggravation of condition claim linked to causation analysis for symptoms.

W.C. V HHS [OPINION]

Federal Circuit -- PARALLEL NETWORKS, LLC. V. ABERCROMBIE & FITCH CO.

Patent.

PARALLEL NETWORKS, LLC. V. ABERCROMBIE & FITCH CO.

DC Circuit -- American Road & Transportation v. EPA (1/15)

Challenge to EPA rules time-barred under 60 day Clean Air Act clock.

American Road & Transportation v. EPA

DC Circuit -- William Moore, Jr. v. Michael Hartman (1/15)

Qualified immunity still good, as although lack of probable cause might arguably not have been an element in retaliatory prosecution claims in the Tenth, it was in DC.

Dissent: 1A law vague on this generally.

William Moore, Jr. v. Michael Hartman

DC Circuit -- Grocery Manufacturers Assoc. v. EPA (1/15)

Dissent from denial of en banc -- food producers and petroleum producers are both within the zone of interests for Ethanol legislation.

Grocery Manufacturers Assoc. v. EPA

DC Circuit -- EchoStar Satellite, LLC v. FCC (1/15)

FTC rulemaking TKO'd.

EchoStar Satellite, LLC v. FCC

Eleventh Circuit -- Federal Trade Commission v. Richard A. Bishop, et al.

Damages for deceptive marketing practices correctly based on the gross, not the net.

Federal Trade Commission v. Richard A. Bishop, et al.

Eleventh Circuit -- USA v. Erica Hall

Sentencing for credit card fraud -- the key is the number of people whose information was misused, not the number whose information was illicitly possessed.

USA v. Erica Hall

Eighth Circuit -- United States v. Robert Cover

Prior assault conviction is a qualifying prior for 10 year Federal minimum.

United States v. Robert Cover

Eighth Circuit -- United States v. Willie Johnson

Retroactivity of Amendment 742 to the Sentencing Guidelines.

United States v. Willie Johnson

Eighth Circuit -- United States v. Robert Garcia

No error in leader sentencing bump.  No error in guns sentencing bump.

United States v. Robert Garcia

Eighth Circuit -- United States v. Gilberto Baldenegro-Valdez

Crim - trial procedure, inventory search, jury instructions.

United States v. Gilberto Baldenegro-Valdez

Sixth Circuit -- James Luedtke v. David Berkebile

Prisoner challenges to wages for prison work via Habeas mostly denied.

 James Luedtke v. David Berkebile

Fourth Circuit -- US v. Irvin Bumpers

Terry stop for trespassing in parking lot of open convenience store upheld.  Dissent dissents.

US v. Irvin Bumpers 

Fourth Circuti =-- D.L. v. Baltimore City Board of School Commissioners

Statute does not require state to fund alternative schooling for disable student at sectarian school.

D.L. v. Baltimore City Board of School Commissioners 

Third Circuit -- Roderick Johnson v. Louis Folino

Habeas remanded to District Court on Brady violation given evidence that emerged in Federal discovery after the termination of the State proceedings.

Roderick Johnson v. Louis Folino

Returning to normal

Quick summaries today DC, Fed & 112 TK.

Tenth Circuit -- United States v. Graham

Crack/cocaine sentencing

United States v. Graham

Tenth Circuit -- Tabor v. Hilti, Inc.

Title VII claim.

Tabor v. Hilti, Inc.

Tenth Circuit -- D.A. Osguthorpe Family Partner v. ASC Utah, Inc

Abstention.

D.A. Osguthorpe Family Partner v. ASC Utah, Inc

Tenth Circuit -- Dill Oil Company, LLC v. Stephens

Bankruptcy.

Dill Oil Company, LLC v. Stephens

Ninth Circuit -- USA V. JUAN VIDAL-MENDOZA

Where IJ tells petitioner that he is apparently not eligible for relief, and relief is later available through post-conviciton change in law, no error.

[Check us on this - not sure, quick read.]

USA V. JUAN VIDAL-MENDOZA

Ninth Circuit -- JONATHAN GENTRY V. STEPHEN SINCLAIR

Extensive denial of death penalty habeas.

[thou shalt not kill.  -MB]

JONATHAN GENTRY V. STEPHEN SINCLAIR

Ninth Circuit -- KAREN WILSON V. CIR

Tax Court can review evidence outside the record.

Dissent - Nope, as it's an APA review.

KAREN WILSON V. CIR

Ninth Circuit -- USA V. MATTHEW JENSEN

Sentence for not appearing for sentencing after revocation of supervised release is determined by the underlying crime, not the crime for which supervised release was revoked.

USA V. MATTHEW JENSEN

Ninth Circuit -- USA V. GARY HARDEMAN

Even where state duty-to-register law is ex post facto, no error in federal conviction for committing crimes while under a duty to register.

USA V. GARY HARDEMAN

Eighth Circuit -- Hallmark Cards v. Janet Murley

Though normally, court must explicitly find bad faith and prejudice before issuing adverse inference instruction, here it was sufficiently plain that the error was harmless.

Lower court erred in putting plaintiff in a better position than they otherwise would have been had deft not breached employment agreement.

Hallmark Cards  v.  Janet Murley

Eighth Circuit -- United States v. Carlous Lindell Daily

District court can sua sponte recognize plain error that restricts a substantial right and consider it in sentencing.

United States  v.  Carlous Lindell Daily

Eighth Circuit -- Michael Argenyi v. Creighton University

Med school must accomodate deaf student under ADA.

Michael Argenyi  v.  Creighton University

Eighth Circuit -- Christopher Freitas v. Wells Fargo Home Mortgage, Inc

Fraudulent misrepresentation and estoppel claims not enough to state a claim.

Christopher Freitas  v.  Wells Fargo Home Mortgage, Inc

Eighth Circuit -- United States v. Christopher Grant

Court must provide rationale for (within guidelines) change in sentence at resentencing.

United States  v.  Christopher Grant

Eighth Circuit -- United States v. Raymond Standafer

No substantive error in sentence.

United States  v.  Raymond Standafer

Eighth Circuit -- James Stickley v. Karl Byrd

No constitutional violation in denial of toilet paper.

James Stickley  v.  Karl Byrd

Eighth Circuit -- City of Duluth v. Fond Du Lac Band of Chippewa

Agency adjudication represents a change in the law for purposes of Rule 60B.

City of Duluth  v.  Fond Du Lac Band of Chippewa

Seventh Circuit -- On Command Video Cor v. Samuel Roti

Fraud and veil-piercing issues were independent enough to allow for an appeal after an order resolving only one of them.

As debtor wasn't using the corporate foprm to shield assets in which he had an interest, the veil shall not be pierced.

Creditor was on notice gioven flagged checks.

On Command Video Cor v. Samuel Roti

Sixth Circuit -- USA v. Ernest Catchings

Sentencing court erred in including credit cards possibly legitimately opened as part of the fraud.

[Quick summaries today, BTW.  Entertainment purposes only, as always.]

USA v. Ernest Catchings 

Sixth Circuit -- Gillian Miller v. Countrywide

No abuse of discretion in denying class certification.

Gillian Miller v. Countrywide 

Sixth Circuit -- Djelika Camara v. Eric Holder, Jr.

Immigration -

Court will not review denial of derivative protection from removal.

Djelika Camara v. Eric Holder, Jr. 

Sixth Circuit -- Lawrence Glazer v. Chase Home Finance, LLC

Mortgage foreclosure is debt collection under FDCPA

Lawrence Glazer v. Chase Home Finance, LLC 

Sixth Circuit -- Susan Stricker v. Twp. Of Cambridge

Summary Judgment for defts on S1983 claims upheld.

Susan Stricker v. Twp. Of Cambridge 

Fourth Circuit -- Total Realty Management, LLC v. R. A. North Development, Incorporated

You can't ask for contribution before you're liable on the indemnification.

Total Realty Management, LLC v. R. A. North Development, Incorporated

Third Circuit -- Mandel v. M&Q Packaging Corp

Title VII hostile workplace claim.

Mandel v. M&Q Packaging Corp

Third Circuit (1/14) -- CMR DN CORP and Marina Towers v. City of Philadelphia

Change in zoning ordinance moots claim based on arbitrariness of ordinance.

No error in denying leave to amend, as the gravamen of the suit was spot-on with the change.

CMR DN CORP and Marina Towers v. City of Philadelphia

Third Circuit -- USA v. Issa Diallo

Intended Loss for purposes of sentencing is not always the limit of the credit card in question.

USA v. Issa Diallo

Third Circuit -- Robert Jenkins v. Superintendent Laurel Highland

Proceduaral motion that might or might not have been decided on the merits suffices for a statutory AEDPA toll.

Robert Jenkins v. Superintendent Laurel Highland

Third Circuit -- PG Publishing Co v. Carol Aichele

Press has no First Amendment or Equal Protection right to access polling places.

PG Publishing Co v. Carol Aichele

Second Circuit -- Shabaj v. Holder

District Court does not have jurisdiction under APA or INA to review immigration Admissibility decisions.

Shabaj v. Holder

Second Circuit -- USA v. Gomez

No plain error in exclusion of deft's family from the courtroom during voir dire.

No error when defense counsel doesn't formally state that the defense is resting at the close of the case.

Admission of statements from pretrial discussions did not violate proffer agreement or Rule 410.

USA v. Gomez

First Circuit -- American Civil Liberties Union v. United States Conference

Establishment Clause challenge to HHS funds to sectarian relief group.

Moot, as contract is up, new contract made, and no relief is possible.

Not voluntary cessation, as there was a reason unrelated to the litigation.

Not capable/evading, as the exception is too narrow to capture this case.


American Civil Liberties Union v. United States Conference 

First Circuit -- US v. Maryea

No violation of Speedy Trial Act given delays from co-deft.

No error in not oprdering competency evaluation after injury during the trial.

No variance from indictment.



US v. Maryea 

First Circuit -- Latin American Music Co., Inc. v. Media Power Group, Inc.

Copyright challenge

Sufficiency of Evidence claim procedurally defaulted.

Sending issue of ownership top the jury after resolution earlier at summary judgment was not error, as the court treated the question as a live one throughout.

Argument that the earlier court decided case without considering late-submitted evidence does not bar collateral estoppel from binding.

No error in decision on proof of song registration paperwork.


Latin American Music Co., Inc. v. Media Power Group, Inc. 

Service will return Tuesday

We are still experiencing difficulties here at MB Central.  Back tomorrow, if the creek don't rise.

MB