Second Circuit -- Singer v. Ferro

As the corruption alleged by an employee parody was not relevant to matters of public concern, the speakers are not protected against retaliation.

Singer v. Ferro

Second Circuit -- WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

Subscriber-requested simultaneous one-to-one transmission of copyrighted content is not a performance for copyright purposes.

Dissent: one-to-one technology irrelevant -- the system functions as a broadcast.

WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

First Circuit (Friday) -- Hann v. Educational Credit Management

Student Loans held to be $0 in claim order for Chapter 13 bankruptcy are $0 for all purposes.

Hann v. Educational Credit Management 

First Circuit (Friday) -- Frank Sawyer Trust of May 1992 v. Commissioner of Internal Revenue

Piercing the veil -- state law governs, so not the substance-over-form standard, but rather whether the transfers were themselves fraudulent.

Frank Sawyer Trust of May 1992 v. Commissioner of Internal Reveue

First Circuit (Friday) -- Hannington v. Sun Life and Health Insurance

ERISA -- Plan erred in holding that benefits should be offset for Veterans' benefits received, as they only superficially compared the program in the Plan (SSI) with the program not mentioned (Veterans).

Hannington v. Sun Life and Health Insurance 

Friday and Today

Rolling a bit early today, so some Circuits might not be up yet.  Looks like Friday was a busy day for the First Circuit and DC Circuit -- though the New Plan is to only post the day's opinions, we'll add a few of Friday's as well.

So it's a bouilabaisse of early postings for today and some of what came in over the transom Friday.

MB

Other Decisions:

Sixth:

National Truck Equipment Assoc v. NHTSA 

William Schumacher v. AK Steel Corporation 

Seventh:

Peter Lewis v.   Jerry Sternes

USA v.   Ollie Peterson

Eighth:

[From the Court's site]

U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Civil case - Fair Credit Reporting Act. Plaintiff failed to show she suffered "actual damages" from any violation of the FCRA, as a brief episode of frustration and unhappiness over an incorrect report did not establish the sort of concrete emotional distress that is required to constitute a genuine injury and actual damages. 121294P.pdf 03/28/2013 United States v. Neil Havlik U.S. Court of Appeals Case No: 12-1294 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Criminal case - Criminal law. Defendant's statements to interrogating officers were not an unequivocal or unambiguous request for counsel, and the police were not required to ask clarifying questions; defendant's waiver of his Miranda rights was voluntary, and the district court did not err in denying his motion to suppress his statements; district court did not err in declining to give an entrapment instruction; evidence was sufficient to prove the jurisdictional element of the child pornography charges against defendant; claim of ineffective assistance of counsel should be raised in a habeas action. 121639P.pdf 03/28/2013 Nelson Gomes v. American Century Companies, U.S. Court of Appeals Case No: 12-1639 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judges]
Civil case - RICO. Maryland's demand requirement for derivative claims does not frustrate the federal policies underlying RICO, and demand was required on all of plaintiff's derivative claims; because plaintiff failed to make the required demand, the district court did not err in dismissing his complaint. 121807P.pdf 03/28/2013 Dakota, MN & Eastern R.R. v. Kevin Schieffer U.S. Court of Appeals Case No: 12-1807 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Civil case - ERISA. For the court's prior decision in the matter, see Dakota, Minn. &E.R.R. v. Schieffer, 647 F.3d 935 (8th Cir. 2011). The district court did not err in finding that the benefits sought in Schieffer's arbitration demand were not claims for benefits under an ERISA plan; as a result, the district court lacked federal subject matter jurisdiction to consider arbitrability or any other issue arising under the Employment Agreement.

Ninth:

HILARIO RIVAS V. JANET NAPOLITANO

Tenth:

 11-1340  Llewellyn v. Allstate Home Loans
 12-9010  Schoppe v. CIR

Eleventh:

USA v. Archery Lynn Overstreet

Next update Monday.

MB

Sixth Circuit -- Derry Lovins v. Tony Parker

Claim raised in motion for post-conviction relief not procedurally forfeited for federal habeas.

As sentence was enhanced for factors not found by the finder of fact, claim gets the retroactive benefit of Scotus holding barring such things.

Derry Lovins v. Tony Parker 

Sixth Circuit -- Donnetta Berrien v. USA

Federal government had no duty to inspect the structure inspected by contractor, so no FTCA liability.

Donnetta Berrien v. USA 

Sixth Circuit -- USA v. DTE Energy

EPA has standing to challenge plant emission claims prior to plant construction.

Dissent -- moot, given likely holding on remand, plus it's basically a right of pre-approval.

USA v. DTE Energy 

Sixth Circuit -- The Ohio Bell Telephone Co. v. Public Utilities Comm. of Ohio

Phone system patch points -- No error in arbitration holding applying more general provision of the Act to suit requesting relief under a more specific provision, as the intent of the statute was that the more general provision should apply as well.

Maybe.  Entertainment value only, folks.

The Ohio Bell Telephone Co. v. Public Utilities Comm. of Ohio 

Sixth Circuit -- Glendle Cain, III v. Owensboro Public Schools

Under Kentucky law, revocation of out-of-District status is tantamount to expulsion, triggering DP.  Deference to Kentucky AG's written opinion.

General knowledge of student's drug use insufficient for search of cell phone for text messages.

Mental health issues insufficient showing for Rehabilitation Act claim.

Glendle Cain, III v. Owensboro Public Schools 

Second Circuit -- United States v. James and Mallay

Extended Confrontation Clause discussion.  (Must-read.)  

A document is testimonial when prepared for use at a trial -- autopsy reports weren't, ergo not hearsay.

No error in exclusion of contradictory closing by prosecutors in another case, as there was a preponderance of evidence indicating an innocent explanation.

No error in limitation of cross on collateral inconsistent statements.

No error in denial of severance, as the potentially prejudicial issue was probative as to the racketeering charge.

Dicta - sealed indictment on another matter didn't implicate Confrontation Clause for taping of statements to CI.

Second taped statement in, as the stipulated dispute among the conspiracy was a sign of its viability, not its end.  [The opposite of conspiracy is not hate but indifference, perhaps.]

Post-trial letter alleging AUSA witness coercion not enough for evidentiary hearing.

United States v. James and Mallay

Second Circuit -- SDBC Holdings, Inc. v. NLRB

Management asseverations that they wanted to return the company to profitablility rather than sell it didn't trigger a duty to disclose financials to the union.

SDBC Holdings, Inc. v. NLRB

Second Circuit -- Gallagher v. United States

New Scotus holdings on plea-stage Ineffective Assistance were not made retroactive to cases pending on collateral appeal.

Gallagher v. United States

Second Circuit -- United States v. Botti

Honest-services jury instruction that was not limited to bribery and kickbacks is not grounds for reversal, as bribery was the only viable theory of the crime.

Discussion of "scheme or artifice" would not have implicitly created another theory for the conviction.

United States v. Botti

First Circuit -- Jakobiec v. Merrill Lynch Life Insurance

No breach of contract, as the third-party fraud would have happened even if the deft had issued the check to the correct entity.

Jakobiec v. Merrill Lynch Life Insurance 

First Circuit -- Moses v. Mele

Extended summary affirmation of summary judgment below.

Moses v. Mele 

Eleventh Circuit - Seburt Nelson Connor v. Secretary, Florida Department of Corrections, et al

No error in denial of competency hearing, as the challenge is entirely record-based, and the underlying claims were reviewed in state Habeas with an implicit determination of sufficient competence.  No statutory right to establishment of competency for collateral challenges.  AEDPA deference.

Ineffective Assistance claim properly denied, as not presenting cumulative evidence in mitigation doesn't establish Ineffective Assistance, and there was no showing of outcome-determinancy.

Seburt Nelson Connor v. Secretary, Florida Department of Corrections, et al

[thou shalt not kill.  -MB]

Tenth Circuit -- Klein-Becker USA v. Englert

Discovery sanctions against pro se litigant upheld.

Corporate veil can be pierced for purposes of sanctions by default judgment.

Disgorgement amount equal to gross sales upheld (copyright/Lanham Act)

But/for fraud damages upheld.

Injunction upheld, despite the fact that movant had sold the intellectual property at issue.

Demand for jury trial untimely.

Can't Cross on matters unrelated to the Direct.

Klein-Becker USA v. Englert

Ninth Circuit -- MAIRI TANEDO V. EAST BATON ROUGE PARISH SCHOOL

Denial of immunity on the grounds of right to petition (Noerr-Pennington) is not immediately appealable under Collateral Order doctrine, as its not easily separable from the case and is potentially subject to later appellate scrutiny in the usual way.

But not sufficiently intertwined to trigger pendant jurisdiction.

MAIRI TANEDO V. EAST BATON ROUGE PARISH SCHOOL

Eighth Circuit -- Christine Dollar v. Smithway Motor Xpress

Employment -- FMLA

Employee had already been transferred at time of incident, so no need to prove that she could return to her old job.

No failure to mitigate claim for denying settlement offer, as failure to mitigate is an affirmative defense waived if not made early in the game.

Given business uncertainties, 10 year prospective pay relief was unreasonable.

Christine Dollar v. Smithway Motor Xpress

Seventh Circuit -- Xing Zheng v. Eric Holder, Jr

Immigration -- China.  BIA error in not analysing record before denying Chinese immigrant relief was harmless, as there's nothing in the record that justifies relief.  Petition denied.

Xing Zheng v.   Eric Holder, Jr

Sixth Circuit -- Melissa Hearring v. Karen Sliwowski

S1983 -- Qualified immunity to school health worker for extraordinary examination of student.

Melissa Hearring v. Karen Sliwowski 

Sixth Circuit -- Metropolitan Hospital v. HHS

Chevron deference to HHS interpretation of statute.

Dissent: Circuit precedent establishes that Congress did indeed speak to the precise question at issue.


Metropolitan Hospital v. HHS 

Fifth Circuit -- Kenneth Richards v. Rick Thaler, Director

Mailbox timestamp rule applies to post-conviction challenges of incarcerated inmates in Texas.

Kenneth Richards v. Rick Thaler, Director

Second Circuit -- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.

Questions certified to the New York Court of Appeals -- (1) whether judgment debtors have a private right of action under state protective statute, and if so, (2) what right to damages, and (3) anything else that comes to mind.

Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.

Second Circuit -- Selevan, et. al v. New York Thruway Authority (NYTA), et al.

Discount on toll bridge for island residents doesn't violate Dormant Commerce Clause.

Nonresidents' comparatively higher tolls give standing.

No strict scrutiny, as not a significant restriction on travel.

Toll discount sufficiently relates to actual usage and cost.

Selevan, et. al v. New York Thruway Authority (NYTA), et al.

Second Circuit -- Johnson v. Priceline.com, Inc.

Class-action against "name your own price" internet travel booking service doesn't state a claim, since there is no valid agency relationship created between the customer and the service -- the customer retains no ability to direct the activity of the service.

Johnson v. Priceline.com, Inc.

Other Decisions

Eleventh:

Atheists of Florida, Inc., et al. v. City of Lakeland, Florida, et al.

USA v. Jonas Coronado-Cura

DC:

USA v. Jason Reynolds

Federal Circuit:


IN RE HUBBELL [ERRATA] P
POWER INTEGRATIONS, INC. V. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC.
INRE: TIMOTHY OWENS [OPINION]
MARVIN BRANDT v. US [OPINION]

MB

Ninth Circuit -- SHELLEY RUBIN V. CITY OF LANCASTER

Privately-led prayers at the beginning of City Council meetings not an Establishment of Religion.

SHELLEY RUBIN V. CITY OF LANCASTER

Ninth Circuit -- HYUK LIM V. ERIC H. HOLDER JR.

Immigration -- service in South Korean army doesn't qualify for the service exception to the continuous presence rule.  Rational basis review.

HYUK LIM V. ERIC H. HOLDER JR.

Ninth Circuit -- SERVICES EMPLOYEES INTERNATION V. SAL ROSSELLI

Federal labor law creates umbrella union fiduciary duty to constituent unions themselves, not just the rank and file.

SERVICES EMPLOYEES INTERNATION V. SAL ROSSELLI

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.

Ninth Circuit -- USA V. ETHAN JINIAN

Deft's deposit of checks into his bank account triggered the wire fraud statute, given the subsequent interbank wire transfers.

Concurrence -- clearly, the scheme was to avoid scrutiny of the deposits by breaking them up.

USA V. ETHAN JINIAN

Eighth Circuit -- Universal Cooperatives, Inc. v. AAC Flying Service, Inc.

Crop dusters owed no duty of care to manufacturer of the chemical.

Off-tatget spraying not a deceptive trade practice under state statute.

Arkansas likely would not recognize a third-party claim exception to the American rule in fees, i.e. deft can't sue a third party to reclaim the fees.

Universal Cooperatives, Inc. v. AAC Flying Service, Inc.

Seventh Circuit -- Brian Teed v. Thomas & Betts Power Solutions

FLSRA successor liability applies even when the successor disclaims the debt, unless there is good cause otherwise.


Brian Teed v.   Thomas & Betts Power Solutions

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

Sixth Circuit -- Henry Hodges v. Roland Colson

Denial of Habeas upheld.

Trial court had discretion to bar voir dire question asking about defts with murder priors, as deft had murder priors.

Claim that juror voted because of arthritis pain procedurally defaulted, as no there was cause for omission of claim in state Habeas.

Plea-stage ineffective assistance (deft pled to qualifying offense) defaulted as to facial invalidity; as to Strickland, pleading could have been a strategic choice.  No prejudice.

No error in denial of hearing on competency and ineffective assistance.

Henry Hodges v. Roland Colson 

[Thou shalt not kill.  -MB]

Third Circuit -- USA v. Nathaniel Benjamin

Constructive possession (inside house) of guns and drugs upheld.

Felon-in-possession is a continuing activity -- it therefore merges with the possession-in-house charge.

References to parolee status not unduly prejudicial.


USA v. Nathaniel Benjamin

First Circuit -- Reynoso v. Holder

Immigration -- substantial evidence that marriage was a sham.  False statements of fact before agency established categorical bar to finding of good moral character.

 Reynoso v. Holder 

First Circuit -- US v. Sparks

Good-faith exception to the Exclusionary Rule applies to GPS tracker placement.

Circuit precedent (a 'beeper,' not a GPS system, one day of tracking as opposed to eleven) entitled police to believe that they could do it.

US v. Sparks 

Federal Circuit -- DAWSON V. DAWSON AND BOWMAN

Patent interference -- it's not just inventing something, it's knowing that it can be used for a certain purpose.

Dissent -- relation to practice relates back to time of complete conception for purposes of time of invention.

[Maybe.  As always, entertainment purposes only.]

DAWSON V. DAWSON AND BOWMAN

Ninth Circuit -- LUVDARTS LLC V. AT&T MOBILITY, LLC

Mobile messaging and copyright --

No vicarious infringement, given lack of feasible monitoring system.

No contributory, as indifference is not willful blindness.

LUVDARTS LLC V. AT&T MOBILITY, LLC

Ninth Circuit -- KEVIN MILES V. CHARLES RYAN

Habeas denial upheld, as omission of addiction evidence might have been a strategic choice, as it would undercut the clean-cut image.

Dissent: Lack of investigation of deft's history.

KEVIN MILES V. CHARLES RYAN

[thou shalt not kill.  -MB]

Ninth Circuit -- ROBERT PEREZ V. NIDEK CO., LTD.

Off-label use of medical device doesn't state a claim under medical experimentation statute.

Federal statutes preempt lack of disclosure claim.

ROBERT PEREZ V. NIDEK CO., LTD.

Ninth Circuit -- In re: DAVID C. WELSH and SHARON N. WELSH

Bankruptcy -- Chapter 13 inquiry as to good faith cannot look to retention of SSI income, payments for luxury goods.

In re: DAVID C. WELSH and SHARON N. WELSH

Eighth Circuit -- North American Banking Co. v. Brian Leonard

Bankruptcy -- possessory lien extinguished when the holder of the interest gave the property to the Trustee.

North American Banking Co. v. Brian Leonard

Eighth Circuit -- Jerry Wright v. First Student, Inc.

Reversal of dismissal of claim by plaintiff proceeding IFP -- no showing as to whose fault it was that papers weren't served.

Jerry Wright v. First Student, Inc.

Eighth Circuit -- United States v. Ricky Johnson

Police report alone insufficient to establish conduct justifying parole revocation, absent showing as to availability of officers.  Remand without opportunity to present more.

United States v. Ricky Johnson

Eighth Circuit -- Iowa League of Cities v. EPA

No deference to agency on question of whether new interpretation is a new legislative rule.

Analysis in letters to legislator qualifies as same.

Iowa League of Cities v. EPA

Seventh Circuit -- Peter Gakuba v. Charles O'Brien

S1983 claims against prosecutor in pending prosecution stayed under Younger abstention.

Peter Gakuba v.   Charles O'Brien

Seventh Circuit -- Harlis Woods v. Illinois Department of Childre

SOL for all S1983 cases in Illinois is 2 years -- individual category-specific statutes shouldn't govern.

Harlis Woods v.   Illinois Department of Children

Seventh Circuit -- Liberty Mutual Insurance Co. v. American International Group

Easterbrook: Class action dismissed, pursuant to stipulation agreement among almost all of the parties.

Posner, dissenting: Um, maybe we should read the stip.



Liberty Mutual Insurance Co. v.   American International Group

Seventh Circuit -- USA v. Guy Westmoreland

No 6A violation in 8 year delay in FRCrimP Rule 33 motion -- no prejudice, and no chance of being freed sooner on reversal, given unchallenged counts.

No violation of right to counsel for collateral challenge filed simultaneously with (represented) direct appeal, as counsel was free to decline to help with unwise motion.

USA v.   Guy Westmoreland

Sixth Circuit -- In re: Creekside Senior Apts.

Dismissal of Bankruptcy petition for cause upheld, given, among other things, debtor bad faith.

 In re: Creekside Senior Apts.

Sixth Circuit -- Thomas Judge v. Metropolitan Life Insurance Co.

ERISA --  denial of benefits upheld, as there was a deliberate, principled process.

Dissent:  Substantive errors in Plan's ruling.

Thomas Judge v. Metropolitan Life Insurance Co. 

Fourth Circuit -- Candice Hardwick v. Martha Heywar

Tinker test allows local school to ban clothing with the Confederate flag on it.

Candice Hardwick v. Martha Heywar

Fourth Circuit -- Washington Gas Light Company v. Prince George's County Council

Burford abstention (don't frustrate state administrative procedures) upheld, as state judicial zoning review statutory question turns on term frequently used in zoning disputes.

No preemption of zoning by federal pipelines statute, as the federal statute is solely concerned with safety, and another statute doesn't include local companies..



Washington Gas Light Company v. Prince George's County Council 

Fourth Circuit -- Charlotte McCauley v. Home Loan Investment Bank, FSB

Mortgage borrower's state unconscionability claim preempted by federal law, bu t not the fraud claim.

Claim sufficiently stated for heightened pleading under 9(b).

Charlotte McCauley v. Home Loan Investment Bank, FSB

Third Circuit -- USA v. Louis Manzo

No fees & cost-shifting for an allegedly bad-faith federal prosecution -- since the judge explicitly declined to dismiss the remaining counts, gov't could go ahead.

Sloppiness is not necessarily spoiliation.

USA v. Louis Manzo

Second Circuit -- Doe v. Guthrie Clinic Ltd.

Question certified to NY Court of Appeals -- whether there's a c/a against a corporation for breach of fiduciary duty when an employee, acting ultra vires, discloses information without authorization.

Doe v. Guthrie Clinic Ltd.

Other decisions today

Ninth:

COLUMBIA PICTURES INDUSTRIES, V. GARY FUNG

GLENN TIBBLE V. EDISON INTERNATIONAL

Eleventh:

Collegiate Licensing Company v. American Casualty Co. of Reading Pennsylvania, et al.

Federal Trade Commission v. Abbvie Products LLC

FED:

NATIONAL ORG OF VETERANS ADVOC v. SHINSEKI [ORDER]

SLATTERY V US [OPINION]


Apologies, folks.  Back to speed soon.

MB

Seventh Circuit -- Ehnae Northington v. H & M International

As the discrimination complained of wasn't a Title VII violation, the complaint wasn't a protected activity.

Ehnae Northington v.   H & M International

Seventh Circuit -- USA v. Andrzej Pietkiewicz

General denial insufficient for refusal of bona fide motion for downward variance -- some explanation must be given.

USA v.   Andrzej Pietkiewicz

Seventh Circuit -- Larry Harmon v. Ben Gordon

Basketball player manager's change in percentage take didn't transform the deal into a lifetime contract.

Larry Harmon v.   Ben Gordon

Seventh Circuit -- USA v. John Munson

Trebling of damages under False Claims Act is contract-standard difference in value, not gross amount of the fraud.

USA v.   John Munson

Sixth Circuit -- Frank Foster v. Nationwide Mutual Insurance Co.

FLSA exemption for "investigators" upheld for insurance investigators.  Independent discretion in furtherance of business interests.  Court cannot assess whether that independence has been undercut by company policies, as it's a question of fact.

Frank Foster v. Nationwide Mutual Insurance Co. 

Fourth Circuit -- Melissa Trail v. Local 2850 UAW

Petitioner's claim against union officials is individual, not collective, and  the malfeasance doesn't threaten the general health of the union.  Ergo, no claim under union-specific legislation.

Melissa Trail v. Local 2850 UAW

Fourth Circuit -- Raymond Woollard v. Denis Gallagher

Reversal of summary judgment -- Maryland's good-and-substantial-reason requirement for gun carrying permits does not impermissibly infringe on 2A rights.

As-applied and facial challenges TKO'd.

Intermediate scrutiny, viz - "reasonably adapted."


Raymond Woollard v. Denis Gallagher

Fourth Circuit -- Dennis Glynn v. EDO Corporation

No whistleblower protection for DoD contractor, as the flaws pointed out were iterative potential improvements, and not fatal flaws, and therefore there was no viable qui tam suit.

No material fraud in paperwork, pace DoD crim investigation.

Dennis Glynn v. EDO Corporation

Second Circuit -- Scottsdale Ins. Co. v. R.I. Pools Inc.

Defects in installation count as 'accidents' for purposes of swimming pool insurer's duty to defend.

Scottsdale Ins. Co. v. R.I. Pools Inc.

Second Circuit -- Natural Resources Defense Council, Inc. v. U.S. Food and Drug

Advocacy group has Article III standing to challenge regulatory inaction on dangerous chemical, as its members might be exposed to it.  No such standing for challenge to chemical that might eventually produce antibiotic-resistant bacteria, as the connection to the group's members is contingent.

Natural Resources Defense Council, Inc. v. U.S. Food and Drug

Second Circuit -- Parisi v. Goldman, Sachs & Co.

Title VII pattern-or-practice is a method of proof, and not a substantive claim.  Arbitration agreement that forecloses such a claim/proof is therefore enforceable.

Parisi v. Goldman, Sachs & Co.

Reminder -- Coverage

Under the New System, missed days are missed days.  3/21 Opinions only today.  Unless there's extra time.  Capriccio.

MB