Eighth Circuit -- Rodney Boettcher v. Michael J. Astrue

Denial of Social Security benefits supported by substantial evidence.

Dissent: No it wasn't.


Rodney Boettcher v. Michael J. Astrue

Eighth Circuit -- United States v. Matthew Eric Linngren

Earlier criminal sexual conduct conviction can be predicate for pr0n sentencing enhancement if earlier charging documents establish relevant intent.

Dissent: Error to look to the probable cause part of the charging document.

United States v. Matthew Eric Linngren

Eighth Circuit -- Paula Dupont v. Fred's Stores of Tennessee

Waiver of contributory liability claim in pleadings does not foreclose introduction of relevant evidence of the plaintiff's actions.

No error in denial of res ipsa instruction.

Paula Dupont v. Fred's Stores of Tennessee

Eighth Circuit -- Vickie Fields v. Bill Abbott

Jail administrators entitled to qualified immunity from S1983 claim of state-created danger by guard hurt by inmates' actions.

Vickie Fields v. Bill Abbott

Eighth Circuit -- United States v. Christopher Carter

No procedural or substantive error in sentencing.

Dissent - error in calculation of guidelines range, sentence provision barring deft from working at banks was unreasonable.

United States v. Christopher Carter

Eighth Circuit -- United States v. Clifton Taylor

 Multiple denials of request for substitute counsel do not make a subsequent decision to go pro se involuntary.

United States v. Clifton Taylor

Eighth Circuit -- Green Tree Servicing v. Pillsbury-Landmark Towers

When a lease is cancelled in bankruptcy, a third party obliged by the terms of the lease to attorn to another entity upon its succession to the freehold is not so bound, as the lease is merely cancelled, and the entity does not separately succeed to the freehold.


Green Tree Servicing v. Pillsbury-Landmark Towers

Eighth Circuit -- United States v. Eric Kelley

Warrant for nighttime search did not violate 4A, as magistrate specifically authorized nighttime search.

Sentence not substantively unreasonable.

United States v. Eric Kelley

Eighth Circuit -- United States v. Randy Johnson, Jr

Court adopts "overwhelming or incontrovertible" standard for assessing whether evidence is sufficient to convict despite flawed jury instruction.

Circuit split flagged.

Dissent - Majority analyses without giving the gov't every favorable inference & presumption, as required by sufficient-evidence review.

United States v. Randy Johnson, Jr

Eight Circuit -- United States v. John Jefferson

Sufficient evidence for wire fraud.

Uncharged conduct can be used to calculate amount of loss for sentencing.

Restitution can exceed declared losses.  (Implies gains from uncharged conduct)

In-guidelines sentencing range not unreasonable.


United States v. John Jefferson

Seventh Circuit -- Yan Lin v. Eric Holder, Jr

When assessing credibility of claim of forced abortion, immigration officials should treat contrary evidence as a negative inference that may be overcome with additional corroboration.


Yan Lin v. Eric Holder, Jr

Sixth Circuit -- Philip Charvat v. NMP, LLC

 Federal courts have statutory jurisdiction under the Telephone Consumer Protection Act.

Damages sufficient for diversity jurisdiction.

Pendant state claim valid.

Invasion of privacy claim not barred as a matter of law.

Concurrence - Majority went too far into merits. 

Philip Charvat v. NMP, LLC

Sixth Circuit -- Maureen Hergenreder v. Bickford Senior Living Group

No binding arbitration requirement where agreement was in document referenced in employee handbook.

Maureen Hergenreder v. Bickford Senior Living Group

Sixth Circuit -- LaTasha Adams v. Karen Hanson

Absolute immunity for prosecutor in S1983 suit by witness detained for twelve days as a result of the prosecutor's representations to the judge.

LaTasha Adams v. Karen Hanson

Fifth Circuit -- Atif Rana v. Eric Holder, Jr.

An alien convicted of possessing 30g of marihuana can have the conviction waived for immigration purposes.  Once.

Sequence of events - conviction #1, waiver, adjustment of status, conviction #2, left country, refused readmission.

Atif Rana v. Eric Holder, Jr.

Fifth Circuit -- Gary Simmons v. Christopher Epps

Although there was insufficient evidence for the aggravating circumstance which permitted the death penalty, the error was harmless, as another potential aggregator was sufficiently in the record.

Exclusion of a video made immediately afterwards expressing remorse wasn't contrary to clearly established law.

[Thou shalt not kill.  TMB]

Gary Simmons v. Christopher Epps

First Circuit -- Delia v. Verizon Communications, Inc.

Errata.


Delia v. Verizon Communications, Inc.

First Circuit -- US v. Shields

Errata

US v. Shields

First Circuit -- US v. D'Andrea

Errata

US v. D'Andrea
US v. Jordan

Federal Circuit -- CLARK V. U.S.

Decision barring National Guard members from reimbursement for time spent taking correspondence courses upheld.

Not a violation of Mandate Rule or law of the case, as appeals court hadn't spoken to that part of merits.

CLARK V. U.S.

Federal Circuit -- IN RE AOYAMA

Patent stuff.  Chenery doesn't overly limit review.

Error in overbroad construction of claim.
Insufficient disclosure of algorithm.
Chenery does not bar appellate decision on different grounds than the Board considered.
Dissent: Ab initio raising of issues on appeal unfair to parties, barred by jurisdictional statute.

IN RE AOYAMA

Federal Circuit -- TODD CONSTRUCTION, L.P. V. U.S.

Contractor evaluations sufficiently relate to the contract at issue for the Court to have jurisdiction under Tucker Act / CDA.

No standing, as defenses to individual negative evaluations do not sum up to a coherent challenge to the evaluations themselves as arbitrary and capricious.

TODD CONSTRUCTION, L.P. V. U.S.

Eleventh Circuit -- USA v. Ali Shaygan

District Court abused discretion when it imposed sanctions against US for an objectively reasonable prosecution .  

Assignment of costs and fees to US under Hyde Act was error, as there was no conscious wrongdoing.

Due Process error in not warning proscs that they were facting a public reprimand.

No reassignment at this point.

Dissent/special concurrence - bad faith provision in Hyde Act allows broader application than conscious wrongdoing.

USA v. Ali Shaygan

Eleventh Circuit -- Lindo v. NCL (BAHAMAS), LTD.

Contract term mandating arbitration in Nicaragua (under Bahamian law) of Jones Act claims enforced as not against public policy.

Strong presumption for arbitration clause enforcement.

Statutory claims are arbitrable.

Not unconscionable agreement.

Pubic policy defense is to be made at time arbitration award, not time of compelling arbitration.

No subject-matter exception for arbitrating Jones Act claims.  

Dissent: prospective waiver of statutory rights violates public policy.

Lindo v. NCL (BAHAMAS), LTD.

Eleventh Circuit -- Eloy Rojas Mamani v. Jose Carlos Sanchez Berzain

 ATS claim TKO'd at pleadings under Iqbal

Plaintiffs haven't pleaded facts sufficient to establish that defts specifically are subject to suit.

Killing of 70 to restore social order isn't a crime against humanity.


Eloy Rojas Mamani v. Jose Carlos Sanchez Berzain

Tenth Circuit -- James River Insurance Company v. Rapid Funding, LLC

 Petition for limited rehearing & rehearing en banc denied.

James River Insurance Company v. Rapid Funding, LLC

Ninth Circuit -- INTERNATIONAL UNION OF PAINTER V. J&R FLOORING, INC.

Challenge to card-check vote conducted under CBA is primarily contractual , and should be resolved through arbitration.


Substantial evidence for Board finding that since employer didn't follow own version of disputed card-check rules, union should be recognized.

Ordering all employers to arbitration creates unitary solution.



INTERNATIONAL UNION OF PAINTER V. J&R FLOORING, INC.

Ninth Circuit -- AGUILAR-TURCIOS V. HOLDER

Order withdrawn, supplementary briefing ordered.

AGUILAR-TURCIOS V. HOLDER

Eighth Circuit -- Michael Fisette v. Jasmine Keller

 Chapter 13 debtor can strip off completely unsecured claims (senior lien-holder's claim outpaces value of property) against principal residence.

Effective upon completion of plan, not formal discharge.

Michael Fisette v. Jasmine Keller

Eighth Circuit -- John Patrick Murphy v. John King

Thirty year execution of sentence upon probation violation upheld against 8A cruel & unusual habeus petition - the claim is procedurally barred, as not advanced on direct appeal or state collateral attacks.

Doesn't qualify for miscarriage of justice exception, as deft agreed to initial sentencing deal.


John Patrick Murphy v. John King

Eighth Circuit -- Minch Family LLLP v. Estate of Gladys I. Norby

Where a flood damage claim is based on the construction of a dike, the 6-year trespass SOL is superseded by the 2-year real estate improvement SOL.  

Claim based on flooding of neighbors field doesn't get the 15 year adverse possession SOL.

First flood is the accrual date.

Continuing trespass exception doesn't apply.

No tolling for time seeking administrative relief against what seems to be some sort of state agency.  [Again folks, this is quick work.]

Minch Family LLLP v. Estate of Gladys I. Norby

Eighth Circuit -- United States v. Jackie Porchay

No speedy trial violation.

Statutory:

No speedy trial violation as part of the alleged time was requested by deft, and a newly indicted deft was joined in the interim.

Court need not make detailed factual findings to justify tolling the speedy trial clock.

Mistrial from Brady does not mean that all consequent delays should be charged to the gov't when calculating speedy trial.

Sixth Amendment:

TKO'd by deft's active litigating.

--

Franks claim TKO'd - no need to disclose that some of affiant's FBI background was as a 'paraprofessional' & no proof of intentional/reckless disregard for truth.

No Brady  violation where disclosed during tril (but not beforehand)

No abuse of discretion in denying mistrial after codeft spuriously invoked the Fifth -- no prejudice.

No error in denying pretrial release.

Dissent: Violation of Speedy Trial Act , as gov't didn't offer proof that missing witness was essential.


United States v. Jackie Porchay

Eighth Cicuit -- Ricky Kidd v. Jeff Norman

 Habeus petition claiming actual innocence must rely on of acts not discoverable through reasonable due diligence at the time of trial.


Circuit split flagged.


Ricky Kidd v. Jeff Norman

Eighth Circuit -- Patti Beeler v. Michael J. Astrue

 Agency determination that four statutory methods are sole methods of establishing paternity/maternity entitled to deference under Chevron  and Auer.  

Prior agency ruling that children of valid marriage entitled to the benefit does not estop present ruling, as state intestacy laws establish that the designation doesn't apply to present case (posthumously conceived child)

Circuit split flagged.

Patti Beeler v. Michael J. Astrue

Eighth Circuit -- United States v. Donald Leonard Sturgis

Where the warrant includes 'occupants' of a structure and their vehicles, a regular occupant of the  structure who is not physically occupying the structure at the time the warrant was served is within the warrant.

United States v. Donald Leonard Sturgis

Seventh Circuit -- William Padula v. Timothy Leimbach

Summary judgment dismissal of S1983 claims against police actions against hypoglycemic individual during Terry stop.

Actions of hypoglycemic driver provided probable cause for DUI arrest, TKO'ing wrongful arrest S1983 action.

Removal from car wasn't excessive force, given court's decision not to second-guess police decisions.

Training/condoning claims are untenable given the loss of the underlying claims.

William Padula v. Timothy Leimbach

Sixth Circuit -- Joe D'Ambrosio v. Margaret Bagley

Where a federal court issues a conditional habeus order and the state releases the
deft but doesn't reprosecute within the time allotted, the federal court retains jurisdiction and may issue an unconditional writ barring reprosecution.

Key is that the first conviction wasn't vacated - What vacates a conviction is an entry in the court docket,
which—depending on the state’s procedures—is likely made through a court order, or
clear actions by the court signifying a vacatur.


FRCP 60(b) is an independent basis for jurisdiction.

Deft still has standing after issue of unconditional writ - not being retried is sufficient interest.

Dissent - The writ is an attack on the judgment - when the deft is freed from the incarceration incurred by the unjust judgment, the federal courts jurisdiction is at an end.

Joe D'Ambrosio v. Margaret Bagley

Sixth Circuit -- USA v. Lanerrick Johnson

Deft has standing to object to search o his bedroom where he is intermittently living there - house owned by his mother in law, inhabited by defts mother and estranged wife.

The right is not linked to the law of property.

USA v. Lanerrick Johnson

Sixth Circuit -- Kassem Hachem v. Eric Holder, Jr.

Immigration - Rule withdrawing voluntary departure upon filing of adverse appeal upheld under Chevron.


ILJ correctly applied totality of circumstances test to adverse credibility finding.


Adversarial demeanor of ILJ insufficiently established to show bias.

Any putative error in finding as to fear of persecution irrelevant, given changed conditions in the country. 

Reinstatement of earlier voluntary departure which had been imposed prior to rulemaking makes the order subject to the rule.


Kassem Hachem v. Eric Holder, Jr.

Fifth Circuit -- Jane Doe, et al v. Covington County Sch Dist, et al

Elementary school  students in public schools are shielded by a Deshaney responsibility to protect from third parties on the part of the state. 

Qualified immunity for school officials,as this is new law.

Dissent : Circuit split flagged, parents could have removed student from school at any time, no state-created danger.

Jane Doe, et al v. Covington County Sch Dist, et al

Third Circuit -- USA v. Leonard Gibbs

State statute barring wearing of body armor is a serious drug offense ACCA predicate.

Modified categorical approach, the indictment is in under Shepard, and it reveals the underlying offense to be possession of cocaine with intent to distribute.

No notice issue as insufficiently vague or unexpected.

USA v. Leonard Gibbs

FIrst Circuit -- Nolan v. CN8

No coercion under the Mass. Civil Rights Act where the action was termination and the employment arrangement was at-will.

Concurrence - no interference wit any protected right, given emplyment contract negotiated by sophisticated parties.

Nolan v. CN8

First Circuit -- Hatch v. Trail King Industries, Inc.

No error in jury instruction based on S404 of the RST recognizing an implied warranty of merchantability under Massachusetts law towards an innocent third party where the employer of the third party substantially designed the device.

In both strict liability and implied warranty, contract specifications defense is available.

No error in instruction which stated the law from S404 of the RST instead o Massachusetts state law.

Hatch v. Trail King Industries, Inc.

First Circuit --- Curet-Velazquez v. ACEMLA De Puerto Rico, Inc.

Copyright action - mostly procedural stuff.  

Preemption, SOL, misc arguments waived since not presented/preserved below.

No abuse of discretion in district court not looking at whole record for implied nonexclusive license affirmative defense - where not explicit, waived.

No abuse of discretion in reopening discovery.

No abuse of discretion in allowing expert to testify beyond his report without subsequent amendment. 

No error in not striking expert testimony where court ultimately doesn't credit his method.

Election of statutory damages under the Copyright Act can happen anytime prior to entry of judgment.

No error in damages.

Curet-Velazquez v. ACEMLA De Puerto Rico, Inc.

First Circuit -- Sagun Tuli v. Brigham & Women's Hospital

Gender discrimination verdict upheld.


No requirement to seek internal remedy where formal remedy discouraged by supervisor and specific adverse employment action taken.

Within SOL, as it didn't tick until a formal presentation to hospital committee about hostile work environment.

Hearsay in as not for the truth of the matter asserted.

Holding claim in abeyance is not a formal waiver.

No error in denial of isolated incidents instruction.

Jury could reasonably find that ordered counseling was retaliation.

The formal presentation resuscitated earlier small incidents for purposes of causation assessment.

No error in jury construing negative evaluations as animus.

No error in jury finding defamatory statement reckless.

No abuse of discretion in denying remittitur for 1.6m verdict; parallel state claims allow the jury to bypass the federal damages limit.

No error in 1.3m fees.

Sagun Tuli v. Brigham & Women's Hospital,

Federal Circuit -- STAR SCIENTIFIC, INC. V. R.J. REYNOLDS TOBACCO CO.

Patent claim which TMB will misconstrue later, as he's out of time now.  Much about best mode, infringement, obviousness - the usual patent argot.


STAR SCIENTIFIC, INC. V. R.J. REYNOLDS TOBACCO CO.

DC Circuit -- Christol English v. DC

No reversible error in exclusion of report on violations of procedures, as it wasn't directly probative to the S1983 claim.

Harmless error in gov't not amending expet disclosure under FRCP 26. 

Other evidence rulings upheld.

Christol English v. DC

DC Circuit -- Christol English v. DC

Errata.

Christol English v. DC

Eleventh Circuit -- Natalie Versiglio v. Board of Dental Examiners of Alabama

Board of Dental Examiners not entitled to sovereign immunity.

Natalie Versiglio v. Board of Dental Examiners of Alabama

Tenth Circuit -- United States v. Coleman

Oklahoma juvie drug convictions count as serious drug priors under ACCA.

Court must look to full sentence in statute without considering offsetting factors such as release at majority.

United States v. Coleman

Tenth Circuit -- Qwest Corporation v. Colorado Public Utilities

We conclude that 47 C.F.R. § 51.5 plainly states that all UNE loops count towards the number of business lines in a wire center.

No deference, as statute is not ambiguous.

Qwest Corporation v. Colorado Public Utilities

Ninth Circuit -- SEC V. HAROLD GEWERTER

Under FRCP (45), a motion to quash a subpoena must be presented to the court that issued the subpoena.

Attorney attempts to quash SEC third-party subpoena seeking his client banking records.

Jurisdiction, as third party has no incentive to contest, so no need to wait for noncompliance. 

SEC V. HAROLD GEWERTER

Ninth Circuit -- JEANENE HARLICK V. BLUE SHIELD OF CALIFORNIA

Although ERISA plan does not cover inpatient treatment for anorexia nervosa, state statute requires that plans of its type must provide such coverage.

JEANENE HARLICK V. BLUE SHIELD OF CALIFORNIA

Ninth Circuit -- MARK YOUNG V. COUNTY OF LOS ANGELES

S1983 Action for officer's pepper-spraying and striking with a baton during routine traffic stop upon plaintiff's refusal to go back into the car.

No state claim for false imprisonment, as officer could have arrested. 

Error in dismissing 4A excessive force claim.

Error in granting qualified immunity.

MARK YOUNG V. COUNTY OF LOS ANGELES

Ninth Circuit -- MANUFACTURED HOME COMMUNITIES V. COUNTY OF SAN DIEGO

Insufficient proof of actual falseness as required by California public speech lawsuit statute.

Where statute awards fees to prevailing party, no abuse of discretion where a party that lost on first motion but eventually prevailed gets all fees - law of the case does not bind.

MANUFACTURED HOME COMMUNITIES V. COUNTY OF SAN DIEGO

Ninth Circuit -- JUAN VALADEZ LOPEZ V. UNITED STATES OF AMERICA

Where plaintiff doesn't name the US on initial complaint, subsequently exhausts administrative remedy and then amends the complaint to add the US, exhaustion is kosher, there's no need to file a new action, and the amended complaint does not relate back to original filing for purposes of assessing exhaustion.

Claim not within FTCA waiver of sovereign immunity, as no specific negligent federal conduct alleged in pleadings.

No error in dismissal of S1983 & Monell claims.

JUAN VALADEZ LOPEZ V. UNITED STATES OF AMERICA

Ninth Circuit -- USA V. STINSON

Errata.

USA V. STINSON

Seventh Circuit -- Jaymz Hernandez v. Lakesha Foster

S1983 claim for improper removal of infant from family - substantive due process, 4A & procedural due process claims.

Infant has substantive due process claim on initial removal, as 4A protects, but parents can pursue SDP for removal.  Qualified immunity for defts, as probable cause existed.

Infant's continued withholding analysed under 4A, parents' claim under SDP.  Sufficient to survive summary judgment, no qualified immunity. 

Issue of coercion in agreeing to protective plan strong enough to survive summary judgment, as parents didn't have custy and were told that they wouldn't get custody unless they signed.  Caselaw put defts on notice that empty threats were clear violations of rights - no immunity. 

Qualified immunity on PDP for removal, as caselaw on removal/exigency was insufficient for notice .  PDP violation in withholding of custody during negotiating protective plan.


Jaymz Hernandez v. Lakesha Foster

Seventh Circuit -- Joseph A. Freda v. CIR

No clear error in funds received as a result of a settlement of a claim for misappropriation of capital assets being taxed as ordinary income as opposed to capital gains.

The settlement was not in lieu of a replacement of appropriated capital.

Nothing in agreement suggested that the payor viewed the deal as compensation for the use of capital assets.  Complaint was for lost profits.

Dissent: Nature and basis of claim is compensation for use of trade secret.


Joseph A. Freda v. CIR

Seventh Circuit -- Victoria L. Serednyj v. Beverly Healthcare LLC

Summary judgment upheld against Title VII claimant (pregnancy) who was denied a work accommodation and then left the gig because she didn't qualify for leave under FMLA.

Company's light-work policy does not violate the PDA, as it is pregnancy-blind.

Pregnancy complications may qualify under the ADA, but there were insufficiently limiting.

Insufficient proof for ADA record of disability claim to survive SJ.

Same for retaliation claim.


Victoria L. Serednyj v. Beverly Healthcare LLC

Seventh Circuit -- Owner-Operator Indep v. FMCS

Rulemaking TKO'd for not taking into account statutory requirement.

Rule dealt with electronic monitoring of truckers.  Court held that rulemaking was arbitrary and capricious under State Farm as the agency hadn't ever considered a statutory mandate barring electronic devices from being used in a manner harassing to drivers.

Owner-Operator Indep v. FMCS

Seventh Circuit -- Mariana Kasalo v. Harris & Harris

District Court's decision to dismiss an individual suit for lack of prosecution while plaintiff was attempting to certify a class was an abuse of discretion.

Lesser remedies wiser.

Mariana Kasalo v. Harris & Harris

Seventh Circuit -- USA v. Juan P. Lua-Guizar

 No procedural error in sentencing where judge declines to depart downwards in anticipation of pending change to guidelines; No procedural error in sentencing where judge declines to depart downward in recognition of fast-track programs in other districts and states that the court recognizes that it has the power to do so.

(Illegal entry case.)

USA v. Juan P. Lua-Guizar

Seventh Circuit -- Zakaria Bullen Wani v. Eric H. Holder, Jr.

Though government claims court has no remaining jurisdiction over immigration case, court retains ability to review for errors of law.  Case is not moot due to gov't cessation of removal process.

Three legal claims forfeited by the gov't accepted by court here - (1) fact that petitioner's deported family member has not yet been tortured isn't dispositive; (2) no requirement that petitioner have personal knowledge of the certainty of his impending torture; (3) unopposed evidence stating that foreign nation tortures repatriates. 

Petition is not moot when gov't states that removal has been stopped, so long as there is an active removal order and court has jurisdiction. 

Zakaria Bullen Wani v. Eric H. Holder, Jr.

Sixth Circuit -- Nancy Dickson v. Countrywide Home Loans

Although lender did not have a perfected lien on manufactured home prior to foreclosure - as no notation was made to title and lis penden does not suffice - subsequent conversion to improvement to real estate perfected the claim.

A manufactured home is personalty, until converted to an improvement to real estate.

Petitoner can avoid the lien, however, since the operative act wasn't the mortgage (as the property was personalty at the time) but the (involuntary) state court default judgement, and all other requirements for avoidance are met.

Nancy Dickson v. Countrywide Home Loans

Sixth Circuit -- Christina Roberts v. Christopher Hamer

Children of a lessee have no statutory standing to sue for lead paint violations under RLPHRA.

Statutory standing is dismissed under 12(b)(6), not subject matter jurisdiction.

Even where children have legal status of third-party beneficiaries under state law, plain reading of federal statute reveals Congress' intent to limit.

Christina Roberts v. Christopher Hamer

Sixth Circuit -- EA Management v. JP Morgan Chase Bank NA

Bank was not required to honor cashiers checks when it acted as both payor and depositor, meaning that it received no consideration on the deal, defeating any UCC claim against it.

Plaintiff was not legally in a position to enforce the instrument, separately defeating the claim.

 EA Management v. JP Morgan Chase Bank NA

Sixth Circuit -- Christian Heyne v. Metropolitan Nashville Public

Where plaintiff sufficiently alleges imposition of school suspension based on impermissible considerations of race, no qualified immunity for initial adjudication (Due Process & EP) - Qualified immunity granted for DP allegations on appeal, as there was no constitutional right to an appeal.

Where plaintiff in S1983 claim does not plead a plan or agreement among defts, court is to consider defts separately in analyzing qualified immunity -- not as conspirators.

Denial of qualified immunity to school official who imposed a suspension upheld -- sufficient pleading that adjudication's impartiality had been manifestly compromised.

Immunity for officials who handled case after initial appeal to board, as such appeals were not constitutionally required.

Qualified immunity for EP violation (race) denied to initial decisionmaker, but granted for others, given allegations in pleading.

Christian Heyne v. Metropolitan Nashville Public Schools

Third Circuit -- USA v. Wayne Bryant

[Third Circuit server is down at this writing.]



USA v. Wayne Bryant

First Circuit -- EMC Corp v. Arturi

Under Massachusetts law, court cannot impose a post-employment equitable remedy beyond the length of time agreed upon in the employment agreement.


EMC Corp v. Arturi

First Circuit -- Glik v. Cunniffe

The filming of government officials in a public space is a clearly established right under 1A - court did not err in denying qualified immunity.

Contradicts unpublished decision from the Fourth Circuit.

Despite the fact that the recording was done with a cell phone, sufficient notice for the police officers to have actual knowledge of the recording , defeating any violation of the Massachusetts wiretap statute.  No immunity for 4A violation.


Glik v. Cunniffe

First Circuit -- Martinez-Burgos v. Guayama Corp.

Where other performance-related factors would justify the decision not to hire, no error in dismissal of Title VII pregnancy- based hiring claim.

 Claim based on decision not to rehire after pregnancy TKO'd by fact that replacement had outperformed her in her absence.

(Full disclosure - your correspondent worked for the same temp firm many years ago.)


Martinez-Burgos v. Guayama Corp.

First Circuit -- Donald v. Spencer

District Court correctly denied discovery request for DNA examination, given the overwhelming evidence for conviction.

AEDPA restriction of habeus review to existing Scotus precedent is not unconstitutional.

Donald v. Spencer

First Circuit -- Perez-Cordero v. Wal-mart Puerto Rico, Inc.

District court's dismissal of Title VII suit for  lack of severity and pervasiveness reversed - plaintiff had raised genuine issues of material fact.

Error in dismissal of retaliation claim as well, as deft has not explained actions of managers and no explanation is evident in the record. 

Perez-Cordero v. Wal-mart Puerto Rico, Inc.

Second Circuit -- Interpharm, Inc. v. Wells Fargo Bank, N.A.

 Where a lender has the right to cut off credit and demand repayment, threats to do so are not wrongful, and therefore not grounds for a claim of economic duress.


No threat to withhold performance of contract.

Interpharm, Inc. v. Wells Fargo Bank, N.A.