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First Circuit:
| 2013/08/06 | 10-2054U.01A | 10-2054 | US v. Austin District of Massachusetts, Boston |
| 2013/08/07 | 10-1687P.01A | 10-1687 | US v. Santos-Rivera District Court of Puerto Rico, San Juan |
| 2013/08/07 | 10-1687P.01A | 10-1931 | US v. Carrasquillo-Ocasio District Court of Puerto Rico, San Juan |
| 2013/08/07 | 10-1687P.01A | 10-2155 | US v. Diaz-Correa District Court of Puerto Rico, San Juan |
| 2013/08/07 | 11-2241P.01A | 11-2241 | Municipality of Mayaguez v. Corporacion Para El Desarrollo District Court of Puerto Rico, San Juan |
| 2013/08/07 | 12-1572P.01A | 12-1572 | Fidelity Co-operative Bank v. Nova Casualty Company District Court of MA, Worcester |
| 2013/08/07 | 12-1572P.01A | 12-2150 | Fidelity Co-operative Bank v. Nova Casualty Company District Court of MA, Worcester |
Second Circuit:
| United States v. DiCristina | 08-06-2013 | OPN |
| Fed. Treasury Enter. v. SPI Spirits Ltd. | 08-05-2013 | OPN |
| Dejesus v. HF Management Services, LLC | 08-05-2013 | OPN |
DiCristina -- Online gambling / statutory interpretation (exhaustive/non-exhaustive definitions), there's a related post at Volokh.
SPI -- Trademark, Lanham Act
Dejesus -- FLSA claim not stated due to pleading defects. Extensive dicta as to definition of "employee" under the Act.
Third Circuit:
Filed 08/07/13, No. 12-1581
Connie Edmonson v. Lincoln National Life Insuranc
USDC for the Eastern District of Pennsylvania
Filed 08/06/13, No. 12-1516
USA v. Durrell Smith
USDC for the District of New Jersey
Filed 08/06/13, No. 12-1288
Litgo New Jersey Inc v. Comm NJ Dept Env Protection
USDC for the District of New Jersey
Filed 08/05/13, No. 12-2653
USA v. Percy Dillon
USDC for the Western District of Pennsylvania
Filed 08/05/13, No. 11-2067
B.H. v. Easton Area School Dist
USDC for the Eastern District of Pennsylvania
Fourth Circuit:
124266.P US v. James Lespier (King 08/06/2013)
Published opinion after argument: Affirmed
Criminal (WDNC Reidinger)
121103.P Kenneth Ackerman v. ExxonMobil Corporation (Traxler 08/07/2013)
Published opinion after argument: Affirmed
Civil Private (DMD Quarles)
121980.P Roxana Santos v. Frederick County Board of Commissioners (Wynn 08/07/2013)
Published opinion after argument: Affirmed in part, vacated in part, and remanded
Civil Private (DMD Legg)
Fifth Circuit:
| 12-20716 | 8/6/2013 | Anadarko Petroleum Corporation v. Williams Alaska |
| 12-60648 | 8/5/2013 | Acceptance Loan Company, Inc. v. S. White Transpor |
Sixth Circuit:
| 13a0204p.06 | 12-1283 | 2013/08/05 | Suzanne Kolley v. Adult Protective Services Eastern District of Michigan at Flint |
| 13a0205p.06 | 11-4234 | 2013/08/05 | Julia Shearson v. Eric Holder, Jr. Northern District of Ohio at Cleveland |
| 13a0206p.06 | 12-6216 | 2013/08/05 | Kimberly Frazier v. Life Insurance Company of North America Western District of Kentucky at Louisville |
| 13a0207p.06 | 12-3284 | 2013/08/05 | Miami Valley Fair Housing Center v. The Connor Group Southern District of Ohio at Dayton |
| 13a0207p.06 | 12-3314 | 2013/08/05 | Miami Valley Fair Housing Center v. The Connor Group Southern District of Ohio at Dayton |
| 13a0208p.06 | 12-6204 | 2013/08/06 | USA v. Christopher Yancy Western District of Tennessee at Memphis |
| 13a0209p.06 | 12-5319 | 2013/08/06 | Margaret Boaz v. FedEx Cust. Information Svc. Western District of Tennessee at Memphis |
| 13a0210p.06 | 12-5477 | 2013/08/07 | USA v. Jerry Nelson, Jr. Middle District of Tennessee at Nashville |
| 13a0211p.06 | 12-5835 | 2013/08/07 | Everett Srouder v. Dana Light Axle Manufacturing, Eastern District of Kentucky at Covington |
Seventh Circuit:
| 12-3736 | Anthony Abbott v. Lockheed Martin Corporation | civil | 08/07/2013 | Final Opinion | Wood |
| 13-1054 | Philip Crosby v. Cooper B-Line, Incorporated | civil | 08/07/2013 | Final Opinion | Wood |
| 12-2372 | Dimitrios Papazoglou v. Eric Holder, Jr. | agency | 08/06/2013 | Final Opinion | Rovner |
| 11-1501 | Norman Bernstein v. Patricia Bankert | civil | 08/05/2013 | Order Correcting Opinion | PerCuriam |
| 11-1523 | Norman Bernstein v. Auto Owners Mutual Insurance C | civil | 08/05/2013 | Order Correcting Opinion | PerCuriam |
| 11-3449 | Minor Scott, III v. Chuhak & Tecson, PC | civil | 08/05/2013 | Final Opinion | Tinder |
| 12-3611 | Vladislav Margulis v. Eric Holder, Jr. | agency | 08/05/2013 | Final Opinion | Posner |
Eighth Circuit:
122643P.pdf 08/05/2013 United States v. Edward Jefferson
U.S. Court of Appeals Case No: 12-2643
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Shepherd, Circuit
Judges]
Criminal case - Criminal law and Sentencing. Evidence was sufficient to
support defendant's conviction on drug conspiracy and communications
charges; no error in calculating drug quantity; sentence was not
substantively unreasonable; challenge to jury composition rejected; there
was no constructive amendment of the indictment or variance between the
indictment and the proof; Rule 404(b) argument regarding evidence of a
traffic stop and drug possession conviction rejected; district court did
not abuse its discretion by permitting the jury to hear certain tapes
during its deliberations; challenge to Allen charge rejected; 8 pro se
arguments rejected without comment.
122663P.pdf 08/05/2013 Ricardo Acosta v. Anne Marie Acosta
U.S. Court of Appeals Case No: 12-2663
and No: 12-2791
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges]
Civil case - Hague Convention. No error in admitting testimony from
defendant's expert witness regarding factors indicating that returning the
couple's children to Peru would subject them to a high risk of harm as the
testimony was not generic, had a factual basis and was subjected to
cross-examination; district court did not err in finding the children
would be subject to a grave risk of harm if they were returned to Peru
with plaintiff, nor did it abuse its discretion in refusing to order their
return; the burden is on the moving party to show that conditions or
"undertakings" could be imposed to protect the children upon their return,
and plaintiff failed to do so
122871P.pdf 08/05/2013 Dish Network Service L.L.C. v. Brian Laducer
U.S. Court of Appeals Case No: 12-2871
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit Judges]
Civil case - Indian law. The district court did not err in denying Dish's
motion for injunctive relief to prevent tribal court litigation as it was
not "plain" that the tribal courts lack jurisdiction over defendant
Laducer's abuse of process complaint.
122953P.pdf 08/05/2013 Robert Saterdalen v. James Spencer
U.S. Court of Appeals Case No: 12-2953
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Murphy and Smith, Circuit Judges]
Civil case - Civil rights. In light of the facts known to the police
officer who sought a warrant for plaintiff's arrest for failure to comply
with the reporting requirements of Minnesota's predatory offender statute,
and in light of the ambiguity in the statute's language, the court could
not say that no reasonably competent officer would have applied for an
arrest warrant; as a result, the officer was entitled to qualified
immunity on plaintiff's civil rights claims arising out of his arrest,
extradition and detention; prosecuting attorney was entitled to absolute
immunity for his acts in reviewing and approving the criminal complaint
against plaintiff.
122982P.pdf 08/05/2013 Novus Franchising, Inc. v. Michael Dawson
U.S. Court of Appeals Case No: 12-2982
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Bye, Author, with Loken and Bright, Circuit Judges]
Civil case - Contracts. Issues regarding dismissal of a defendant for lack
of personal jurisdiction and the granting of an extension of time to file
an answer were not properly before the court in an appeal of an order
denying injunctive relief; district court did not err in weighing the
Dataphase factors or in determining that plaintiff failed to show
irreparable harm justifying injunctive relief.
123082P.pdf 08/05/2013 United States v. James Arnold
U.S. Court of Appeals Case No: 12-3082
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Shepherd, Author, with Beam and Melloy, Circuit Judges]
Criminal case - Criminal law. Defendant's challenges to the search warrant
application amounted, at most, to minor discrepancies that did not
establish deliberate or reckless falsehood, and the district court did not
err in denying his motion for a Franks hearing; even if the court assumed
the challenged affidavit contained deliberate or reckless falsehoods, the
unchallenged portions of the affidavit established probable cause.
123193P.pdf 08/05/2013 S.L. v. Richard Gray
U.S. Court of Appeals Case No: 12-3193
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Smith and Gruender, Circuit Judges]
Civil case - Civil rights. In action alleging plaintiff's arrest by St.
Louis police officers and a subsequent cover-up violated her civil rights,
the district court did not err in denying defendants Isshawn-O'Quinn's and
Harris's motions for summary judgment based on qualified immunity as a
reasonable jury could find on the evidence in the record that the officers
conspired to conceal another office's role in plaintiff's arrest, to
apprise that officer of the course of an internal investigation of the
cover-up and to prevent plaintiff from filing a Section 1983 action
following her false arrest, all of which actions violated plaintiff's
clearly established civil rights; city's appeal dismissed as the municipal
liability claims in the case were not inextricably intertwined with the
qualified immunity issues, and the court lacked jurisdiction to hear them
at this stage of the case. Judge Gruender, concurring in part and
dissenting in part.
123616P.pdf 08/05/2013 United States v. Robert Lunsford
U.S. Court of Appeals Case No: 12-3616
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Shepherd, Circuit Judge, and Rose,
District Judge]
Criminal case - Criminal law. SORNA does not require an offender to update
his registration when he moves out of the country, and the district court
should have dismissed this indictment charging defendant with failure to
update his registration in violation of SORNA.
121986P.pdf 08/05/2013 Carlisle Power Trans Products v. United Steel, etc. U.S. Court of Appeals Case No: 12-1986 U.S. District Court for the Western District of Missouri - Springfield [PUBLISHED] [Colloton, Author, with Loken and Murphy, Circuit Judges] Civil case - Labor law. For the court's prior opinion in the matter, see Carlisle Power Transmission Prods. v. United Steelworkers, 326 F. App'x (8th Cir. 2009). There was no basis for finding the Union acquiesced in the splitting of Carlyle's claims, and the district court erred in determining that the Union had waived its right to invoke the doctrine of res judicata; the district court's order granting summary judgment to Carlisle is vacated and the court is ordered to dismiss Carlisle's complaint.111232P.pdf 08/06/2013 United States v. Abby Rae Cole U.S. Court of Appeals Case No: 11-1232 and No: 11-1513 U.S. District Court for the District of Minnesota - St. Paul [PUBLISHED] [Shepherd, Author, with Murphy and Bye, Circuit Judges] Criminal Case - conviction and sentence. Evidence was sufficient to prove Cole knowingly and intentionally joined in an agreement to defraud Best Buy and that she willfully committed affirmative acts constituting tax evasion and that a tax deficiency resulted. Evidence was sufficient to sustain tax fraud conspiracy. District court did not err in denying her motion for acquittal on claim there was a prejudicial variance in the evidence used on the tax evasion and tax fraud conspiracy charges because there was no variance. The district court did not abuse its discretion in rejecting Cole's claim that the verdict was against the weight of the evidence, as there was sufficient evidence Cole played a role in the conspiracy, and did not abuse its discretion in denying a new trial based on admission of a government exhibit. Because the district court's variance from a guideline range of 135 to 168 months imprisonment to three years probation when her coconspirators received 180 months and 90 months imprisonment represented a major departure, the district court's brief and contradictory explanation is insufficient to allow for meaningful appellate review of whether sentence is substantively unreasonable. Sentence is remanded for the district court to offer a fuller explanation for the sentence. 121788P.pdf 08/06/2013 United States v. Jason Gilbert U.S. Court of Appeals Case No: 12-1788 and No: 12-1790 and No: 12-1791 and No: 12-2009 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] Criminal Cases - conviction and sentence. In consolidated appeals relating to a series of attempted robberies and one completed robbery, there was sufficient evidence presented to establish the existence of a single conspiracy, as the defendants shared a common overall goal and used the same method to achieve that goal, even if the actors were not always the same. District court did not abuse its discretion in limiting cross-examination relating to knowledge of an unrelated murder. Denial of motion to suppress eyewitness testimony is affirmed as the photographic lineup was not impermissibly suggestive. District court did not clearly err in applying two-level enhancement for abuse of position of trust to Gilbert's sentence, as he used his special knowledge or access to facilitate or conceal the offense. 121971P.pdf 08/06/2013 Brian Jeffries v. United States U.S. Court of Appeals Case No: 12-1971 U.S. District Court for the District of South Dakota - Rapid City [PUBLISHED] [Colloton, Author, with Wollman and Bye, Circuit Judges] Habeas Petition - motion to vacate. Separate document rule (Rule 58(a)) applies in appeals from section 2255 proceedings. The district court's order, replete with legal analysis, requires a separate judgment. Because no separate judgment was entered, the judgment is considered entered 150 days after the filing of the order and the notice of appeal is thus timely filed. On the merits of the claim of ineffective assistance of counsel that counsel failed to object to government's alleged breach of the plea agreement, Jeffries did not demonstrate that he was prejudiced and the district court did not abuse its discretion in resolving the case without an evidentiary hearing. 122489P.pdf 08/06/2013 Francis Gathungu v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 12-2489 Petition for Review of an Order of the Board of Immigration Appeals [PUBLISHED] [Melloy, Author, with Smith and Benton, Circuit Judges] Petition for Review - immigration. Petition for review is granted, as BIA misapplied the "social visibility" criterion when it ruled Mungiki defectors were not a "particular social group." Based on the record, Mungiki defectors constitute a "particular social group," and the record compels a conclusion that the Kenyan government is unable or unwilling to stop Mungiki's violent attacks on defectors. The BIA abused its discretion in refusing to remand to allow petitioner's sister to testify in person, as her testimony would likely change the result in this case, as testimony would corroborate petitioners' claims. 123350P.pdf 08/06/2013 Richard Scott v. John Baldwin U.S. Court of Appeals Case No: 12-3350 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Benton, Author, with Colloton and Gruender, Circuit Judges] Civil Case - civil rights. Following a decision by the Iowa Supreme Court affording inmates credit for time served for supervision or services, director is entitled to qualified immunity for claims from inmates who were released after their release dates because it was not clearly established what amount of time was necessary to recalculate the inmates' release dates. District court's grant of qualified immunity is affirmed.122569P.pdf 08/07/2013 Residential Funding Company v. Terrace Mortgage Company U.S. Court of Appeals Case No: 12-2569 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Bye, Author, with Wollman and Colloton, Circuit Judges] Civil case - Contracts. The district court did not err in finding the parties' contract required Terrace to repurchase certain loans Residential had determined contained material misrepresentations and inaccuracies; Residential did not waive its rights under the contract; challenges to Residential's damages evidence rejected; award of attorneys' fees and expenses affirmed.Ninth Circuit:
Tenth Circuit (Wednesday only):
12-3129 Talavera v. Wiley
13-1085 In re: Harper v.
Eleventh Circuit:
| USA v. Theodore Stewart Fries | 11-15742 | 4:11-cr-00022-RH-WCS-1 | 08-06-2013 | NEW | view |
| Judy Weekes-Walker, et al. v. Macon County Greyhound Park, Inc. DC Circuit: Leola Smith v. Cathy LanierBlack Oak Energy, LLC v. FERC Federal Circuit: APPLE INC. v. ITC [OPINION] REMBRANDT VISION TECH v. JOHNSON & JOHNSON VISION [OPINION] CHEESE SYSTEMS, INC. v. TETRA PAK CHEESE [OPINION] | 12-14673 | 3:10-cv-00895-MEF-CSC | 08-05-2013 | NEW | view |
JANE GALLO v. DEPARTMENT OF TRANSPORTATION [OPINION]
NATIONAL ORG OF VETERANS ADVOC v. SHINSEKI [OPINION]