Ninth Circuit -- USA V. JOHN DOE

Crim - Public Authority affirmative defense ("they said I could") must be carried by a preponderance, no plain error in the relevant jury instruction; remand for Brady violation; procedural violations in sentence.

USA V. JOHN DOE

Ninth Circuit -- JESSICA KRAMER V. TOYOTA MOTOR CORPORATION

District Court had the authority to decide whether arbitration was required; Manufacturer cannot use estoppel to compel arbitration based on an agreement between dealer and purchaser -- insufficiently intertwined.

JESSICA KRAMER V. TOYOTA MOTOR CORPORATION

Ninth Circuit -- USA V. JORGE JESUS-CASTENEDA

Witness' disguise while testifying did not violate Confrontation Clause.

USA V. JORGE JESUS-CASTENEDA

Ninth Circuit -- BARRAGAN-LOPEZ V. HOLDER

California False Imprisonment ("you can check out any time you want....") is categorically a qualifying prior crime of violence for Immigration purposes.

BARRAGAN-LOPEZ V. HOLDER

Ninth Circuit -- MATILDE CARRILLO DE PALACIOS V. ERIC HOLDER, JR.

Immigration admissibility -- voluntary departure prior to an order of deportation is still a deportation; no error in retroactive application of precedent, as petitioner could not have relied on contrary precedent; BIA interpretation reasonable

MATILDE CARRILLO DE PALACIOS V. ERIC HOLDER, JR.

Ninth Circuit -- DICHTER-MAD FAMILY PARTNERS V. USA

Brief per curiam -- discretionary action exception to FTCA, denial of discovery.

DICHTER-MAD FAMILY PARTNERS V. USA

Eighth Circuit -- BSI Constructors v. Hartford Fire Insurance Co.

Faulty workmanship provision in policy barred recovery; no ambiguity raised by question of losses consequential to barred losses; no vexatious refusal to pay, as claim was stated.

BSI Constructors  v.  Hartford Fire Insurance Co.

Eighth Circuit -- Heubel Materials Handling Co v. Universal Underwriters Insurance

Duty to defend -- control of suit; insurer therefore not able to implead third party claim.

Heubel Materials Handling Co  v.  Universal Underwriters Insurance

Eighth Circuit -- United States v. Gilbert Crow Eagle, Jr.

Testimony as to prior bad acts properly admitted; past allegations appropriately precluded; no error in sentencing.

United States  v.  Gilbert Crow Eagle, Jr.

Eighth Circuit -- Raymond Kelley v. Centennial Bank

No abuse of discretion in Bankruptcy Court's holding that a requirement that the debtor abandon a property means that it should be conveyed to the bank, not that it should be released from the estate.

Raymond Kelley  v.  Centennial Bank

Eighth Circuit -- Moussa Fofana v. Eric H. Holder, Jr.

Due Process challenge to Immigration Law Judge adverse credibility finding requires proof that the ILJ completely disregarded a relevant fact -- bad balancing insufficient.

Moussa Fofana  v.  Eric H. Holder, Jr.

Eighth Circuit -- Michael Barrett, IV v. Donald Claycomb

Injunction against mandatory drug testing program TKO'd, since the challenge was on behalf of putative future participants, and therefore a facial challenge to the law -- sufficient likely success on merits therefore can't be established.

Michael Barrett, IV  v.  Donald Claycomb

Eighth Circuit -- Catherine Leapheart v. Tyrone Williamson

Legislative immunity for city council after modifying terms of vacant position in the middle of the search, since the reporting obligations were changed as well.

Catherine Leapheart  v.  Tyrone Williamson

Eighth Circuit -- United States v. Bryan Chappell

ACCA predicates committed on the same day are distinct.

United States  v.  Bryan Chappell

Eighth Circuit -- United States v. Ralph Frisch

No error in 25 month sentence for bilking the SSA for sham disability.

United States  v.  Ralph Frisch

Eighth Circuit -- United States v. Viengxay Chantharath

Crim -- prejudicial variance; 4A; limiting instructions; sentencing.

 United States  v.  Viengxay Chantharath

Eighth Circuit -- Natalia Karnatcheva v. JP Morgan Chase Bank

District court did not err in finding fraudulent joinder for diversity.

Iqbal threshold not reached by pleading's contention of note acceleration -- merits not reached.

Natalia Karnatcheva  v.  JP Morgan Chase Bank

Eighth Circuit -- United States v. David Foote

Misdemeanor possession of MJ counts as a prior that potentially disqualifies from safety valve sentencing relief.

United States  v.  David Foote

Eighth Circuit -- Purnie Peterson v. CitiMortgage, Inc.

To quiet title, you have to plead your possession in order to state a claim.

Purnie Peterson  v.  CitiMortgage, Inc.

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

Seventh Circuit -- Eugene Devbrow v. Eke Kalu

SOL clock for prisoner deliberate-indifference medical claim does not begin to run until the prisoner learns of the injury.

Eugene Devbrow v. Eke Kalu

Seventh Circuit -- USA v. Kenneth Block

Sentencing -- court properly considered factors/disparities.

USA v. Kenneth Block

Seventh Circuit -- USA v. John Dean

Sentencing court properly considered factors.

USA v. John Dean

Seventh Circuit -- USA v. Joshua Vidal

Sentencing -- remanded for trial court to consider psych history.

USA v. Joshua Vidal

Seventh Circuit -- Julie McArdle v. Peoria School Dist

Employment -  First Amendment, tortious interference, breach.

Julie McArdle v. Peoria School Dist

Seventh Circuit -- William Grote, III v. Kathleen Sebelius

ACCA

William Grote, III v. Kathleen Sebelius

Seventh Circuit -- USA v. Victor M. Diaz-Rios

Sentencing -  Court should have considered minor-participant reduction.

USA v. Victor M. Diaz-Rios

Seventh Circuit -- Hans Rapold v. Baxter International

Employment discrimination / Title VII.

Hans Rapold v. Baxter International

Seventh Circuit -- Jose Matamoros v. Greg Grams

When mistakenly terminated parole is restored nunc pro tunc, but parolee doesn't yet have notice, crime committed in interval is still subject to enhancements for parole.

Jose Matamoros v. Greg Grams

Sixth Circuit -- U.S. Citizens Association v. Kathleen Sebelius

Standing for interlocutory appeal on health care reform, District Court correctly held that there was no interest in expressive/intimate association with physicians; no liberty/privacy interest.

U.S. Citizens Association v. Kathleen Sebelius 

Sixth Circuit -- 600 Marshall Entertainment v. The City of Memphis

Challenge to adult dancing -- no prior restraint, not vague, no procedural DP, but the there is standing to challenge the underlying statute although the zoning ordinance is the proximate bar to the conduct.

600 Marshall Entertainment v. The City of Memphis 

Sixth Circuit -- Martinique Stoudemire v. Mich. Dep't of Corrections

Prisoner S1983 claim.

Martinique Stoudemire v. Mich. Dep't of Corrections 

Sixth Circuit -- Kelly Volpe v. Ginine Trim

No double jeopardy in convictions for operating vehicle under the influence and vehicular homicide.

Kelly Volpe v. Ginine Trim 

Fifth Circuit -- Levy Gardens Partners 2007, LP v. Lewis Title Insu

Whether insurance policy covers merely monetary losses to title of property or consequential claims as well.

Levy Gardens Partners 2007, LP v. Lewis Title Insu

Fifth Circuit -- Francis Barker, Jr. v. Hercules Offshore, Inc., et

Claim under tort, statute, and general maritime law -- properly removed, no error in summary judgment for deft.

Francis Barker, Jr. v. Hercules Offshore, Inc., et

Fifth Circuit -- Clinton Growers, et al v. Pilgrims Pride Corporati

Written contracts barred estoppel claim.

Clinton Growers, et al v. Pilgrims Pride Corporati

Fifth Circuit -- USA v. Wayne Stoker

Sufficient evidence for witness intimidation, but not entirely a crime of violence.

USA v. Wayne Stoker

Fifth Circuit -- USA v. Cristobal Cervantes, et al

Crim -- jury selection, prior bad acts, trial conduct, sentencing.

USA v. Cristobal Cervantes, et al

Fifth Circuit -- USA v. Omar Alvarez

No flexibility in statutory deadline to challenge forfeiture where principal is a minor.

USA v. Omar Alvarez

Fifth Circuit -- USA v. Janice Demmitt

Crim -- money laundering, wire fraud.

USA v. Janice Demmitt

Fifth Circuit -- Uwe Taylor v. Michael Astrue, Commissioner

ALJ did not go against medical opinions in denying benefits.

Uwe Taylor v. Michael Astrue, Commissioner

Fifth Circuit -- USA v. Jesus Garza

Sentencing court inappropriately considered rehabilitative program length.

USA v. Jesus Garza

Fifth Circuit -- USA v. Mark Snarr, et al

Crim -  Wire fraud, money laundering.

USA v. Mark Snarr, et al

Fourth Circuit -- William Meyers, Sr. v. Baltimore County, Maryland

Error  in grant of qualified immunity to police officer who tasered suspect ten times.

William Meyers, Sr. v. Baltimore County, Maryland

Fourth Circuit -- Manuel Mondragon v. Eric Holder, Jr

BIA correctly denied petitioner's attempt to introduce affidavit into modified categorical analysis of prior conviction.

Manuel Mondragon v. Eric Holder, Jr

Fourth Circuit -- Bethel World Outreach v. Montgomery County Council

Zoning / RILUPA

Bethel World Outreach v. Montgomery County Council

Second Circuit -- Kleinman v. Elan Corp., plc

Securities class action -- press releaase was not materially misleading.

Kleinman v. Elan Corp., plc

First Circuit -- Canning, III v. Beneficial Maine, Inc.

Creditor's refusal to take the property or release the lien does not result in a discharge injunction violation, whatever that might be.

Canning, III v. Beneficial Maine, Inc. 

First Circuit -- Patrick v. Rivera-Lopez

Hague Convention custody suit.

Patrick v. Rivera-Lopez 

First Circuit -- Patel v. Holder

Whether conspiracy/larceny is a crime of moral turpitude for immigration purposes.

Patel v. Holder 

First Circuit -- RTR Technologies, Inc. v. Helming

Liability for bad tax advice, attorneys' fees for the suit.

RTR Technologies, Inc. v. Helming 

First Circuit -- US v. Tum

Crim -- wire fraud / conspiracy

US v. Tum 

First Circuit -- Drumgold v. Callahan

S1983 Brady claim against homicide detective remanded for jury instruction on causation.

Drumgold v. Callahan 

Limited Service Update

Just as a reminder, the site is on limited service, due to equipment troubles occasioned by a bit of a dust-up between a bicycling MB and a taxicab.  We expect to return to full summaries within a few weeks.  The remainder of this week's opinions will be summarized tomorrow.

MB

Seventh Circuit -- USA v. Raphael Patton

"Deer in headlights" look justified pat-down.

USA v. Raphael Patton

Seventh Circuit -- Eugene Crane v. Travis Crowell

Citation served on judgment debtor is a lien on their bank accounts under Illinois law.

Eugene Crane v. Travis Crowell

Sixth Circuti -- Vision Processing, LLC v. Christie Groves

Methods of proof and claim for pneumoconiosus.  (A disease miners get.)

Vision Processing, LLC v. Christie Groves 

Fifth Circuit -- USA v. Mark Snarr, et al

Direct appeal of capital sentence -- jury selection; lesser-included offense; aggravating factors; Death Penalty Act unconstitutional; improper exclusion of victim character evidence; funds for investigators.

[Don't kill.  MB]

USA v. Mark Snarr, et al

Fifth Circuit -- USA v. Land

Homeowners association did not suffer a Taking when members' properties were taken.

USA v. Land

Fifth Circuit -- John Brown v. Natl Railroad Passenger Corp.

Expert testimony insufficiently validated under Daubert.  Railway intersection sufficiently clear to justtfy summary judgment.

John Brown v. Natl Railroad Passenger Corp.

Fourth Circuit -- Ophelia De'Lonta v. Gene Johnson

Prisoner gender reassignment delay/denial sufficiently states a claim.

Ophelia De'Lonta v. Gene Johnson

Third Circuit -- Association New Jersey Rifle a v. Governor of the State of New J

As state gun control law regulates, as opposed to prohibits, no preemption by Federal prohibition.

Gun paperwork not so onerous as to imperil lifelibertyproperty.

Association New Jersey Rifle a v. Governor of the State of New J

Third Circuit -- Randy Mulholland v. Government County of Berks

Rogue caseworker doesn't make county liable under S1983.  Procedural & Substantive DP claims.

Randy Mulholland v. Government County of Berks

Third Circuit -- In Re: Diet Drugs

Whether Settlement Agreement barred a subsequent products liability suit.  No duty on court to reform Settlement Agreement.

In Re: Diet Drugs

Second Circuit -- McCoy v. United States

Prevailing professional norms for Habeas Ineffective Assistance are those prevailing at the time of the decision.  Later changes clarifying the law do not impose a retroactive duty on counsel to revisit his/her decisions.

McCoy v. United States

Second Circuit -- Secrest v. Merck, Sharp & Dohme Corp.

Expert witness in product liability -- sham issue of fact doctrine under Florida law.

Secrest v. Merck, Sharp & Dohme Corp.

Second Circuit -- Kirkendall v. Halliburton, Inc.

ERISA -- where Plan participant reasonably interprets Plan as not requiring administrative exhaustion, participant not required to administratively exhaust.  Also a plan-specific holding.

Kirkendall v. Halliburton, Inc.

Second Circuit -- Mary Jo C. v. New York State and Local Retirement System et ano.

Title II of the ADA does not apply to employment discrimination.  ADA standards can sometimes necessitate violating state law.

Mary Jo C. v. New York State and Local Retirement System et ano.

Second Circuit -- United States v. Dupree

State court order admissible - not hearsay - as it was offered to show that deft was on notice, not to prove the facts underlying the order.  Also a verbal act.

United States v. Dupree

Second Circuit -- Osterweil v. Bartlett

O'Connor pinch-hits, upholding certified question to NY Court of Appeals on handgun restrictions.

Osterweil v. Bartlett

Second Circuit -- Garcia v. Hartford Police Dep’t

Racial discrimination, 1A rights of public officials -- matters o' public concern vel non.

Garcia v. Hartford Police Dep’t

First Circuit -- US v. Kravetz

Disclosure request for docs in pending criminal case.  Sentencing memos are public documents.  Other documents, not so much -- special need showing required.

US v. Kravetz 

First Circuit -- US v. Figueroa

Crim -- Wiretap good, no error in denial of Franks hearing.

US v. Figueroa 

First Circuit -- Gerald v. University of Puerto Rico

Discrimination -- Title VII, retaliation, discharge, state claims.

Gerald v. University of Puerto Rico 

First Circuit -- US v. Guevara

Crim --- Conspiracy, affirmative defenses of withdrawal & entrapment.

US v. Guevara