Very Short Form -- Friday

Second Circuit:

USA v. Hardy - Medication of prisoner for competency / protection of other prisoners.

Third Circuit:

Cheryl Harris v. Kellogg Brown & Root Services
William Hayes v. WalMart Stores Inc

Sixth Circuit:

Daniel Greenberg v. Procter & Gamble Company 

Seventh Circuit:

Terrence Barber v.   City of Chicago
Kirk Chrzanowski v.   Louis Bianchi
Kurtis B. v.   James Kopp
Brandon Stollings v.   Ryobi Technologies, Inc
KM Enterprises Incorporated v.   Global Traffic Technologies
Citizens Health Corporation v.   Kathleen Sebelius
Gary E. Peel v.   Deborah Peel

Eighth Circuit (From site):

122790P.pdf   08/02/2013  Jarek Charvat  v.  Mutual First Fed. Credit Union
   U.S. Court of Appeals Case No:  12-2790
                          and No:  12-2797
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Melloy, 
   Circuit Judge] 
   Civil case - Electronic Fund Transfer Act. In action alleging defendants 
   violated the Act by failing to have an exterior fee notice posted on or at 
   their ATM machines, the district court erred in finding plaintiff did not 
   have standing because he did not have an injury in fact; assuming without 
   deciding that plaintiff waived the claim that the $2.00 fee he was charged 
   constituted an injury in fact, plaintiff still had standing to pursue his 
   claim against the defendants based on the informational injury he 
   allegedly sustained because of the failure to post the notice; once he 
   alleged a violation of the notice provisions of the Act in connection with 
   his ATM transactions, plaintiff had standing to claim damages; further, 
   the injury was fairly traceable to defendants' conduct. 
  
122893P.pdf   08/02/2013  United States  v.  Alvin Clay
   U.S. Court of Appeals Case No:  12-2893
   U.S. District Court for the Eastern District of Arkansas - Little Rock    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Prisoner case - habeas. Assuming, without deciding that the Government 
   used perjured testimony in obtaining Clay's conviction and knew or should 
   have know it was perjured, his allegation of error is an allegation of a 
   trial error and not a structural error and must be evaluated under the 
   harmless-error standard; applying the harmless-error standard, the claimed 
   false testimony could not have actually prejudiced the jury's verdict in 
   light of the overall strength of the government's case and the fact that 
   the witness was thoroughly impeached at trial 
  
122946P.pdf   08/02/2013  Minnesota Voters Alliance  v.  Mark Ritchie
   U.S. Court of Appeals Case No:  12-2946
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Wollman, Author, with Murphy and Smith, Circuit Judges] 
   Civil case - Civil rights. In a Section 1983 action challenging the 
   process by which Minnesota election officials confirm the eligibility of 
   voters who register on election day and a provision of the Minnesota 
   Constitution denying the right of persons under guardianship to vote, the 
   district court did not err in finding that plaintiffs failed to state a 
   claim under Section 1983 with respect to their registration issues as 
   their allegations did not raise any of the aggravating factors this court 
   identified in Pettengill v. Putnam County R-1 School District, 472 F.2d 
   121 (8th Cir. 1973), any discriminatory or other intentional misconduct or 
   any defect that would cause Minnesota's system to be fundamentally unfair; 
   with respect to the guardianship claims, plaintiffs failed to show they 
   had standing to raise them as they failed to allege that any plaintiff had 
   been denied the right vote under the provision. 
  
131134P.pdf   08/02/2013  David Johnson, Jr.  v.  County of Douglas, NE
   U.S. Court of Appeals Case No:  13-1134
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - Civil rights. In an action to impose municipal liability 
   under Section 1983 after a jail operated by the County failed to provide 
   plaintiff with his anti-seizure medication, plaintiff failed to present 
   evidence of a continuing, widespread, persistent pattern of 
   unconstitutional misconduct; while plaintiff made multiple requests for 
   the medication, all of the requests were within the space of a few hours, 
   and there was no evidence to suggest that policy making officials would 
   have received notice of the incidents and made a deliberate decision to 
   ignore or tacitly authorize denial of the medications. 

Ninth Circuit:

In re: CERY BRADLEY PERLE

USA V. WILLENA STARGELL

USA V. JOSEPH LIRA

Tenth Circuit:

Brown v. Eppler

United States v. Esquivel-Rios

DC Circuit:

Ralph Nader v. Federal Election Commission

American Trucking Associations v. FMCSA

Super-Short Form: Thursday

First Circuit:

US v. Garcia-Leon 
Manning v. Boston Medical Center 
DeJesus v. Park Corporation 
Zhao-Cheng v. Holder 
Kinisu v. Holder 

Second Circuit:

United States v. Bernacet -- State rule barring arrest for warrantless arrest for parole violation is a state rule not necessarily presenting a violation of the Federal Constitution.
New York Life Ins. Co. v. United States -- Tax.  Whether something happened within a certain year.
United States v. Agrawal -- Economic espionage - jurisdictional hook.
Gordon v. Softech Int'l, Inc. -- Whether state privacy law imposes duty of care on those with access to drivers license information.  Majority says yes.
Franklin Advisers, Inc. v. CDO Plus Master Fund, Ltd.

Third Circuit:

Cheryl Harris v. Kellogg Brown & Root Services

Sixth Circuit:

 Ronnie Ray v. USA 

Seventh Circuit:

11-2734	USA v.   Charles Stokes	criminal	08/01/2013	Final  Opinion	Sykes
11-3303	Anthony Weddington v.   Dushan Zatecky	prisoner	08/01/2013	Final  Opinion	Tinder
12-1718	USA v.   Eddie Lee	criminal	08/01/2013	Final  Opinion	Rovner
12-2435	USA v.   Corey Stinefast	criminal	08/01/2013	Final  Opinion	WILLIAMS
12-2541	Michael DeGuelle v.   Kristen Camilli	civil	08/01/2013	Final  Opinion	Posner
12-2658	Lippert Tile Company, Inc. v.   Int'l Union of Bricklayers	civil	08/01/2013	Final  Opinion	Williams
12-2769	USA v.   Patrick Davis	criminal	08/01/2013	Final  Opinion	Manion
12-3348	Markith Williams v.   Christopher Dieball	civil	08/01/2013	Final  Opinion	Williams
12-3447	Anthony Hill v.   Daniel M. Tangherlini	civil	08/01/2013	Final  Opinion	Williams
12-3561	Andriy Yasinskyy v.   Eric Holder, Jr.	agency	08/01/2013	Final  Opinion	Williams
12-3704	Pactiv Corporation v.   Reynolds Group Holdings Limite	civil	08/01/2013	Final  Opinion	Easterbrook
12-3804	Pactiv Corporation v.   Chad Rupert	civil	08/01/2013	Final  Opinion	Easterbrook
12-3884	USA v.   Tajudeen Rabiu	criminal	08/01/2013	Final  Opinion	Manion

Eighth Circuit (from site):

122219P.pdf  08/01/2013  Juan Armenta-Lagunas  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:   12-2219
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Loken and Colloton, Circuit Judges] 
   Petition for Review - Immigration. The BIA did not err in concluding that 
   petitioner's Nebraska conviction for witness tampering was an aggravated 
   felony subjecting petitioner to removal under 8 U.S.C. Sec. 
   1227(a)(2)(A)(iii). 
  
122822P.pdf  08/01/2013  Petco Animal Supplies Stores  v.  Insurance Co. of North America
   U.S. Court of Appeals Case No:   12-2822
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Wollman and Bye, Circuit Judges] 
   Civil case - Insurance. The district court did not err in finding that 
   defendant was not obligated to defend or indemnify plaintiff in its 
   underlying litigation with a customer who suffered losses in a fire 
   started by an aquarium heater sold by plaintiff, as plaintiff failed to 
   show that the heater complied with any mandatory or voluntary safety 
   standards, a condition precedent to coverage. 
  
122948P.pdf  08/01/2013  United States  v.  Joey Smith
   U.S. Court of Appeals Case No:   12-2948
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Per Curiam - Before Shepherd, Beam and Melloy, Circuit 
   Judges] 
   Criminal case - Criminal law. Incorrect date on search warrant was a 
   "technicality issue" that did not invalidate the warrant, and the 
   magistrate's error in completing the warrant did not defeat probable 
   cause; evidence was sufficient to support defendant's drug and gun 
   convictions. 
  
136003P.pdf  08/01/2013  Charles W. Ries  v.  Michael Calandrillo
   U.S. Court of Appeals Case No:   13-6003
   U.S. Bankruptcy Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Nail, Author, with Federman, Chief Judge, and Saladino, 
   Bankruptcy Judge] 
   Bankruptcy Appellate Panel. Bankruptcy court did not err in allowing 
   trustee's amended complaint to relate back to the date of the original 
   complaint as the original complaint was timely and Calandrillo was aware 
   of the adversary proceeding; further, Calandrillo knew or should have 
   known that he would have been named as defendant but for a mistake as to 
   the proper party; $65,000 payment made to defendant's lawyers in trust for 
   plaintiff was not a contemporaneous exchange within the meaning of 11 
   U.S.C. Sec. 547(c)(1), or a payment made in the ordinary course of 
   business within the meaning of 11 U.S.C. Sec. 547(c)(2)(A), and the court 
   did not err in ordering Calandrillo to return the funds to the trustee 
   under 11 U.S.C. Sec. 547(b). 

Ninth Circuit:


LAWRENCE V. HOLDER
07-74829
Board of Immigration Appeals
Agency
oa
08/01/2013
GLENN TIBBLE V. EDISON INTERNATIONAL
10-56406
Los Angeles District Court
Civil
oa
08/01/2013
USA V. VICTOR VALENZUELA-ARISQUETA
12-10596
Tucson District Court
Criminal
08/01/2013

Tenth Circuit:

 13-6042  United States v. Hodge

Eleventh Circuit:

Jeffery Lee v. Commissioner, Alabama Department of Corrections

Federal Circuit:

KERNEA v. SHINSEKI 

Apologies for the "short-form," folks.  It's as unrewarding to write as it is to read.  Working back towards long-form.

MB

Blog offline

The blog is offline for planned maintenance.  We will quite possibly resume normal service on 8/1 or thereabouts.   (Full disclosure, we just came up with the plan today, and the maintenance in question has absolutely nothing to do with the blog.)

Cheers,

MB

Very, Very Short Form -- Tuesday & Wednesday

Crick rose.  Normal posting resumes tomorrow.

MB

First Circuit:

Brown v. United Air Lines, Inc.
Mitchell v. US Airways, Inc. 
Chen v. Holder 
Lecky v. Holder 
Ang v. Holder, Jr. 
Peerless Indemnity Insurance C v. Frost 

Second Circuit:


Palma v. NLRB
Gonzalez v. USA
Sokolowski v. Metropolitan Transportation Authority
Pascual v. Holder
Kwong, et al. v. Bloomberg, et al.
United States of America v. Barker
Irizarry v. Catsimatidis

Third Circuit:

New Jersey Primary Care Associ v. New Jersey Department of Human
USA v. Kluger

Fourth Circuit:

Peter Waldburger v. CTS Corporation


Fifth Circuit:

Kelly Baker v. RR Brink Locking Systems, Inc.

Anadarko Petroleum Corporation v. Williams Alaska

Sixth Circuit:

Entertainment Productions, Inc. v. Shelby County

Jessie Harrison v. State of Michigan

USA v. Dominic Jeter

Seventh Circuit:

10-2951	Terrance Thompson v.   City of Chicago	civil	07/10/2013	Final  Opinion	Sykes
11-2883	Terrance Thompson v.   City of Chicago	civil	07/10/2013	Final  Opinion	Sykes
12-1525	Kevin Sroga v.   Ronald Huberman	civil	07/10/2013	Final  Opinion	PerCuriam
12-2595	Doli Syarief Pulungan v.   USA	civil	07/10/2013	Final  Opinion	Easterbrook
13-1351	Michael Amundson v.   Wisconsin Department of Health	civil	07/10/2013	Final  Opinion	Easterbrook
13-2373	Levence Simpson v.   USA	original  proceeding	07/10/2013	Final  Opinion	PerCuriam
11-3904	Scott Rabin v.   Michael Flynn	civil	07/09/2013	Final  Opinion	Williams
12-1592	USA v.   Prince Bey	criminal	07/09/2013	Final  Opinion	Hamilton
12-3008	Mahvash Akram v.   Eric Holder, Jr.	agency	07/09/2013	Final  Opinion	Kanne
12-3105	Shailja Gandhi Revocable Trust v.   Sitara Capital Management, LLC	civil	07/09/2013	Final  Opinion	Williams
12-3562	Roger Peele v.   Clifford Burch	civil	07/09/2013	Final  Opinion	Kanne

Eighth Circuit:

122370P.pdf  07/09/2013  JPMorgan Chase Bank  v.  Daniel Johnson
   U.S. Court of Appeals Case No:   12-2370
                          and No:   12-2686
                          and No:   12-3049
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [PUBLISHED] [Bye, Author, with Melloy and Smith, Circuit Judges] 
   Civil case - Banking. A national banking association chartered by the 
   Office of the Comptroller of the Currency but not registered to do 
   business with the Arkansas Secretary of State or the Arkansas Bank 
   Department may still use the non-judicial foreclosure procedure provided 
   by the Arkansas Statutory Foreclosure Act, Ark. Code Ann. Secs. 18-50-101 
   - 18-50-117. 
  
122542P.pdf  07/09/2013  United States  v.  Iralee French, Jr.
   U.S. Court of Appeals Case No:   12-2542
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Loken and Shepherd, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The Constitution does not 
   mandate electronic recording of a defendant's custodial interrogation, and 
   admission of his statement does not violate his Fifth Amendment rights; 
   district court duly considered the evidence, defendant's arguments and the 
   3553(a) factors in imposing and explaining defendant's sentence; district 
   court did not err in finding defendant was a threat to society; no error 
   in applying the first-degree murder cross-reference in the sentencing 
   Guideline for robbery where the court found a bank guard died of 
   complications related to the gun shot wound defendant inflicted during the 
   bank robbery; the imposition of consecutive sentences was not 
   substantively unreasonable under the tragic and calloused circumstances of 
   defendant's crimes. 
  
123093P.pdf  07/09/2013  Moones Mellouli  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:   12-3093
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit 
   Judge] 
   Petition for Review - Immigration. BIA's conclusion that a state court 
   drug paraphernalia conviction "relates to" a federal controlled substance 
   because it is a crime "involving conduct associated with the drug trade in 
   general" was a reasonable interpretation of the relevant statute, 8 U.S.C. 
   Sec. 1227(a);BIA did not err in relying on evidence outside the record of 
   conviction to determine that petitioner's state conviction fell outside 
   the personal use exception of 8 U.S.C. Sec. 1227(a)(2)(B)(i). 

Ninth Circuit:
  

WENDY TOWNLEY V. ROSS MILLER
12-16881
Reno District Court
Civil
07/10/2013
ELIM CHURCH OF GOD V. HILDA SOLIS
12-35029
Seattle District Court
Civil
07/10/2013
SHELL OFFSHORE, INC. V. GREENPEACE, INC.
12-35332
Anchorage District Court
Civil
o
07/10/2013
ACTION RECYCLING INC. V. USA
12-35338
Spokane District Court
Civil
07/09/2013
IRENE TRITZ V. USPS
10-56967
Santa Ana District Court
Civil
07/09/2013
CITY OF GLENDALE V. USA
11-15631
Phoenix District Court
Civil
ao
07/09/2013


(Nothing in the Tenth today.  Yesterday unknown.)

Eleventh Circuit:

Meier Jason Brown v. USA	09-10142	07-00085-CV-BAE-GRS, 03-00001-CV-BAE	07-10-2013	NEW	view
Sherrie Johnson v. Ryan Conner, et al	12-15228	2:12-cv-00392-WHA-SRW	07-09-2013	CER	view

Federal Circuit:

SMITH & NEPHEW, INC. v. REA [OPINION] STEPHEN YONEK v. SHINSEKI [OPINION] CAMERON v. SHINSEKI [OPINION]

DC Circuit:

10-3004USA v. Alfred Thompson

 07/09/2013

11-7086Lindsay Huthnance v. DC

 07/09/2013

12-1058Sang Park v. Commissioner of IRS

 07/09/2013

12-5142Gang Luan v. USA

Short Form -- Monday, 19 Messidor (Cerise)

Second Circuit:

Porter v. Quarantillo -- Affidavit stating affiant's age doesn't qualify for family history hearsay exception.
Kanciper v. Suffolk County SPCA, Inc. et al -- District court erred in dismissing S1983 suit due to claim-splitting, as one action was in state court, and the other in federal court.

Third Circuit:

Interfaith Comm Orgn v. Honeywell Intl Inc -- FRCP Rule 68 as applied to citizen-suits does not violate the Rules Enabling Act; Application to relator is similar to civil rights litigation;  Rule 68 applies to damages/remedy phase as well as liability phase;  No error in departure from forum-rate rule, as there were no area counsel qualified in this particular area of law.

Seventh Circuit:

USA v.   Midwest Generation, LLC -- Claim that deft's lacked of construction permit 10/15 years ago is barred by statute of limitations -- not considered an ongoing violation.
Debra Leveski v.   ITT Educational Services, Inc -- Relator's claims were sufficiently distinct and knowledge sufficiently direct to state a claim.  Sanctions for frivolous lawsuit were in error.
Cincinnati Life Insurance Comp v.   Marjorie Beyrer -- FRCP - statement of claim insufficiently short & plain; Heightened pleading standard for fraud claims not met;
United Food and Commercial Wo v.   Walgreen Company
Robert Wehrle v.   Cincinnati Insurance Company
Patrick J. Ryan v.   USA

Eighth Circuit: (From site)

113490P.pdf   07/08/2013  Watkins Incorporated  v.  Chilkoot Distributing, Inc.
   U.S. Court of Appeals Case No:  11-3490
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges] 
   Civil case - Contracts. For the court's earlier opinion in the case, see 
   Watkins Inc. v. Chilkoot Distrib., Inc., 655 F3d 802 (8th Cir. 2011). The 
   district court did not err in determining that Watkins' reclassification 
   of a distributor known as the Lambert Group from sales associate to 
   manufacturer's representative was not prohibited by either of the 
   contracts between Watkins and Chilkoot and was not a breach of the 
   contracts nor a breach of the implied convenant of good faith and fair 
   dealing; district court did not err in dismissing counterclaims for 
   equitable relief as equitable relief in unavailable under Minnesota law 
   where, as here, the rights of the parties are governed by a valid 
   contract. 
  
126061P.pdf   07/08/2013  J&M Securities, LLC  v.  Patricia Anne Moore
   U.S. Court of Appeals Case No:  12-6061
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Kressel, Author, with Saladino and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. Moore's claim of a $15,000 homestead exemption 
   is allowed under Missouri's homestead exemption statute; J&M's juidical 
   line impaired her exemption and the bankruptcy court properly applied 
   existing law in computing the extent to which the lien impaired the 
   exemption 
  
  

Ninth Circuit:

ALBARO ELIAS TISTA V. ERIC H. HOLDER JR.
ANTONIO HINOJOS V. KOHL'S CORPORATION

Tenth Circuit:

Wood v. Milyard

Federal Circuit:

STEPHEN YONEK v. SHINSEKI 

Notice of Vacatur

Gone Fishing.  Back in a week, and we'll get things back up to speed then.  

- MB

Short Form -- 6/19 - 6/21

First:

 Evergreen Partnering Group v. Pactiv Corporation 

Second:

Grullon v. City of New Haven
Jones v. Smith
United States v. Bonventre
United States v. Shellef
Cruz v. FXDirectDealer, LLC
Spavone v. N.Y. State Dep’t of Corr. Servs.
Chhabra v. USA
In re: Bernard L. Madoff Investment Securities
United States v. Turner
Vidro v. United States

Third:

USA v. Lee Graves
Gwynn v. City of Philadelphia

Fourth:

US v. Thomas Hager 
Jennifer Clodfelter v. Republic of Sudan
Federal Deposit Insurance Corporation v. Avery Cashion, III 
US v. Okechukwo Otuya
US v. Mitchell Smalls 

Rest TK. Perhaps. Time is short.

MB

Short Form - Rest of Tuesday

Fifth:

Florentino Meza v. Intelligent Mexican Marketing,

Seventh:

USA v.   Robert Loffredi
Robert Yeftich v.   Navistar, Inc.

Eighth (From site):

121797P.pdf   06/18/2013  Donna Floyd-Gimon  v.  University of Arkansas
  U.S. Court of Appeals Case No:  12-1797
  U.S. District Court for the Eastern District of Arkansas - Little Rock    
  [PUBLISHED] [Chief Judge Riley, Author, with Wollman and Gruender, 
  Circuit Judges]
  Civil Case - civil rights. District court's grant of 
  summary judgment in civil rights action alleging violations of due process 
  and equal protection relating to termination for gross misconduct is 
  affirmed. Due process claims failed because employee received all the 
  process she was due; the failure to provide specific examples of altered 
  records does not rise to the level of a due process violation. Claim that 
  employee was deprived of a liberty interest in her reputation without due 
  process failed because employee did not sufficiently, if at all, request a 
  name-clearing hearing. District court did not err in finding employee 
  failed to show direct evidence of gender discrimination and correctly 
  concluded employee did not show the defendants' explanation for terminating 
  her was a pretext for gender discrimination; the comparators were not 
  similarly situated. 
 
122654P.pdf   06/18/2013  Jenny Evance  v.  Trumann Health Services
  U.S. Court of Appeals Case No:  12-2654
  U.S. District Court for the Eastern District of Arkansas - Jonesboro    
  [PUBLISHED] [Chief Judge Riley, Author, with Bright and Benton, Circuit Judges]
  Civil Case - employment discrimination. Appeal is limited 
  to review of summary judgment as that was only order designated in the 
  notice of appeal. District court correctly granted summary judgment on 
  discrimination claims, as there was no direct evidence of discrimination 
  and employer articulated legitimate, nondiscriminatory reason for 
  termination and Evance did not show other similarly situated employees were 
  treated more favorably. District court properly granted summary judgment on 
  defamation claims, as there was no evidence to support she was defamed by 
  falsely stating she initiated improper conduct with resident. 
 
123766P.pdf   06/18/2013  William Dimercurio  v.  Deidre Malcom
  U.S. Court of Appeals Case No:  12-3766
  U.S. District Court for the Eastern District of Missouri - St. Louis    
  [PUBLISHED] [Arnold, Author, with Gruender and Benton, Circuit Judges]
  Civil Case - Rule 41(b) dismissals. After district court 
  rescheduled trial, denied plaintiff's motion for continuance of retrial 
  date, and denied motion for reconsideration, the district court dismissed 
  the case with prejudice for failure to prosecute the appeal on the trial 
  date. District court abused its discretion in denying the continuance and 
  erred in dismissing the case with prejudice. The dismissal with prejudice 
  is reversed and the case remanded. 
 

Ninth:

USA V. MARK AVERY
12-35209
Anchorage District Court
Habeas
06/18/2013
PEDRO TAMAYO-TAMAYO V. ERIC H. HOLDER JR.
08-74005
Board of Immigration Appeals
Agency
06/18/2013
ANGEL LOPEZ-VALENZUELA V. COUNTY OF MARICOPA
11-16487
Phoenix District Court
Habeas
06/18/2013
USA V. VICTOR GONZALEZ VAZQUEZ
11-30176
Seattle District Court
Criminal
06/18/2013

DC:

11-5344Abdul Al Qader Hussain v. Barack Obama

 06/18/2013

11-5353In Re: Polar Bear Endangered Species Act Listing

 06/18/2013

12-5032Jefferson Morley v. CIA

 06/18/2013

12-5294Delta Airlines v. Export-Import Bank of the US

Federal Circuit:

NOVO NORDISK A/S v. CARACO PHARMACEUTICAL [OPINION]

LEVI STRAUSS & CO. v. ABERCROMBIE & FITCH [OPINION]

Second Circuit: Castillo Grand, LLC v. Sheraton Operating Corporation

Federal statute does not provide for the award of fees where the action is dismissed for lack of jurisdiction.

Insufficient bad faith in juggling of plaintiffs to justify award of fees under common-law principles.

Castillo Grand, LLC v. Sheraton Operating Corporation

Second Circuit: Cappiello v. ICD Publ’ns, Inc.

In a diversity action, federal rules - not state laws - control the level of post-judgment interest due.  (Where constitutional.)

Cappiello v. ICD Publ’ns, Inc.

Short Form: Monday

(Plus a couple from the DC Circuit late Friday.)

First Circuit:

US v. Van Bommel Duyzing  -- As the entire amount seized was in the caption of the warrant, omission of part of the sum from the details doesn't bar proper service.  Plaintiff didn't have sufficient ownership for standing to challenge the seizure of the bales of cash thrown off the boat.  Concur/Dissent: There was insufficient ownership to establish standing to challenge seizure of the cash found on the deft's person.
Joyce v. Town of Dennis, MA  -- Gender discrimination - No error in denial of punitive damages instruction; Court did not sufficiently weigh potential for future harm before denying injunctive relief; Reduction of fees was error.
US v. Ihenacho -- Fraud/ sentencing

Sixth Circuit:

James Daley, Jr. v. Ann Mostoller  -- Boilerplate agreement to lien on IRA did not vitiate bankruptcy protection for the IRA.

Seventh Circuit:

USA v.   Parnell Gulley -- FRE: Insufficient contemporaneous objection, so plain error review; Evidence as to prior bad acts went to impeachment; sentencing challenges.
Paul Villanueva v.   Keith Anglin -- Prisoner challenge to mandatory supervised release as a violation of the terms of the plea bargain; Untimely under AEDPA, as the clock ran from the mention of it in the plea colloquoy; Deft has the burden to establish that he/she thought that the prison term did not include suupervised release.

Eighth Circuit (From site):

122274P.pdf   06/10/2013  United States  v.  Shawn Mackey
   U.S. Court of Appeals Case No:  12-2274
   U.S. District Court for the District of South Dakota - Rapid City    
   [PUBLISHED] [Colloton, Author, with Bright and Loken, Circuit Judges]
   Criminal case - Criminal law. The district court did not err in applying
   the criteria set forth in Sell v. United States, 539 U.S. 166 (2003) when it
   granted the government's motion to medicate defendant involuntarily to
   restore his competency to stand trial.

126070P.pdf   06/10/2013  Felicia McIntosh  v.  John LaBarge, Jr.
   U.S. Court of Appeals Case No:  12-6070
   U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. Order confirming debtor's Chapter 13
   plan over her objection is affirmed; where debtor concedes that one or
   more of her proposed additions to the plan were appropriately rejected,
   the concession is fatal to her appeal as a court must accept or reject a plan
   as a whole; contrary to debtor's assertions, the model plan form used in
   the Eastern District of Missouri does not infringe upon a debtor's
   substantive rights under the Code.

Ninth Circuit:

USA V. CHARLES GILLENWATER, II -- [Must-read] Deft has a constitutional and statutory right to testify at competency hearing, can only be waived by the deft personally.  If deft becomes disruptive, he must be warned of possibility of exclusion from hearing.  Testimony at comeptency hearing can only be used for impeachment.

Tenth Circuit:

United States v. Dunbar
United States v. Dyke


DC Circuit:


NRG Power Marketing, LLC v. FERC
Suburban Air Freight, Inc. v. TSA