Eighth Circuit -- Barry Barron v. South Dakota Board of Regents

Since the motion to dismiss was accompanied by new information, no error in court's conversion of the motion to summary judgement.

No requirement to administratively exhaust claim that school closure violates IDEA.

SJ on IDEA claim appropriate, as all kids are in good schools, despite closure of school for deaf.

No standing for parents who don't have kids in the specific program at issue.

No violation of South Dakota law.

Barry Barron v. South Dakota Board of Regents

Eighth Circuit -- United States v. Rodney L. Shrum

Sufficient evidence for filing false tax return.

Admission of gambling records not unduly prejudicial.

No substantive error in sentence.

United States v. Rodney L. Shrum

Eighth Circuit -- United States v. Brian Ellefsen

 Evidence for Brady claim that docs showed IRS allowed conduct in past years was not material.

No error in characterization of diverted fees as constructive dividends.

Harmless error in not allowing cross for a summary witness.

No abuse of discretion in barring expert testimony.

No error in restitution calculation.

United States v. Brian Ellefsen

Eighth Circuit -- Park Hill School District v. Kevin Dass

 Under IDEA, specific transition and behaviour plans are only required in special circumstances.

Park Hill School District v. Kevin Dass

Eighth Circuit -- Jerome Bass v. United States

No habeus on ineffective assistance.

"They told you the truth" in closing is not vouching.

Jerome Bass v. United States

Eighth Circuit -- Jerry Washington v. Countrywide Home Loans, Inc.

 Two days of 12% interest on $790 sufficient monetary injury for standing.

Associated fees violated state mortgage act.

Jerry Washington v. Countrywide Home Loans, Inc.

Eighth Circuit -- United States v. Taylor Bloate

 Absent related findings issued by the court, a deft's statement waiving pretrial claims is not a motion for purposes of the Speedy Trial Act.

United States v. Taylor Bloate

Seventh Circuit -- USA v. Robert George

Given the aiding & abetting, sufficient evidence to convict the (absent) aider & abettor of cocaine possession.

USA v. Robert George

Seventh Circuit -- John Doe v. Elmbrook School Dist

Public school's rental of church building for graduation, etc does not offend the Establishment Clause.

Not moot despite construction of school fieldhouse.

Plaintiffs' interest in privacy justifies the anonymous suit.

Encountering Christian symbols during the events was not unduly coercive.

Entering a house of worhip is not an inherently religious act.

No endorsement/entanglement under Lemon.

Dissent: Endorsement, what with all the pamphlets & iconography about.


John Doe v. Elmbrook School District

Seventh Circuit -- Autumn Eaton v. Indiana Department of Corrections

The 'Mikey likes it' test for comparators in a Title VII action - when both refuse the same work, and the refusal is the basis for the adverse action, there's enough similarity to move past summary judgment.

NB: The court doesn't actually call it that.

Autumn Eaton v. Indiana Department of Corrections

Seventh Circuit -- USA v. Aida Salem

 Conspirators at bottom of the operation can be held liable for the acts of the whole conspiracy, given length of time involved & ratifying acts.

USA v. Aida Salem

Seventh Circuit -- Vikram Buddhi v. Philip Benson

Judge's order to warden to deduct judgment & filing fees from inmate's account was error, but Mandamus not justified, as only impact inmate claimed was inability to proceed with an appeal that is now resolved.

Vikram Buddhi v. Philip Benson

Sixth Circuit -- Titan Tire Corp. of Bryan v. United Steelworkers of America

Arbitrator can go beyond the four corners of the CBA when refereeing dismissal claim.  But not too far.

Titan Tire Corp. of Bryan v. United Steelworkers of America

Third Circuit -- USA v. Matthew Pizzolato

 Govt did not breach plea agreement by providing to the court information that justified a longer sentence.

USA v. Matthew Pizzolato

Third Circuit -- Alief Independent School Dist v. C. C.

 Where a school district seeks and gains a declaratory order of IDEA compliance before a hearing officer, it can later file for fees if the original action was spurious (brought to harass, delay, etc.)

Alief Independent School Dist v. C. C.

First Circuit -- Fryer v. A.S.A.P. Fire and Safety Corporation

Claim that USERRA preempts state law is not jurisdictional, as preemption would not divest state courts of jurisdiction, but merely change the law that they were interpreting.

Willful in USERRA refers to knowing action or reckless disregard.

Award calculations correct.

Fryer v. A.S.A.P. Fire and Safety Corporation

First Circuit -- The Capability Group, Inc. v. American Express Travel

Although company realized 149m in savings from consultant's program, the 90m figure in contract prevails - K terms & parol evidence do not allow vendor to claim the higher figure.

No risk of future harm from confidentiality breaches - no error in denial of injunction.

Though plaintiff's counsel was going through a rough patch & turned in a subpar performance, stronger performance wouldn't have saved the case.


The Capability Group, Inc. v. American Express Travel

Second Circuit -- USA v. Gansman

Where requested, securities fraud trial court must give jury instruction that there was no culpability where tipper & tippee had a relationship of trust or confidence, and tipper had no intent that info was to be used for insider trades.

No error on conscious avoidance instruction.

Within court's discretion to exclude evidence of witness' trying to game polygraph.

No error in exclusion of codeft's parent's convictions for securities fraud.

Prosc statement in closing that deft was described on a website as a trading junkie was properly & promptly cured.

USA v. Gansman

Eleventh Circuit -- Valle v. Secretary, Florida Department of Corrections, etc.

Substantive & procedural clemency claims cannot be addressed via federal habeus.

Valle v. Secretary, Florida Department of Corrections, etc. 

 [Thou shalt not kill.  -TMB]

Ninth Circuit -- USA V. BRAD SANTINI

Psychiatrist's referring to deft's prior contacts with law enforcement as 'extensive' was excessively prejudicial.

USA V. BRAD SANTINI

Ninth Circuit -- TIMM ADAMS V. USA

USPS Form 8877 qualifies as certified mail.

TIMM ADAMS V. USA

Ninth Circuit -- MICHAEL P. V. DEPARTMENT OF EDUCATION, STATE OF HAWAII

State agency violated IDEA by exclusively weighing claim based on discrepancy between student's performance with dyslexia and her putative performance without the disability.

Dissent: As this rule doesn't apply to local districts, it unfairly impacts Hawaii statewide single district.

MICHAEL P. V. DEPARTMENT OF EDUCATION, STATE OF HAWAII

Ninth Circuit -- SINGH V. HOLDER

ILJ erred in holding that the correct standard for changed circumstances is 'clear and convincing'; correct standard is 'to the satisfaction of the judge.'

ILJ holding that application came too late after expiration of lawful status not supported by substantial evidence.

SINGH V. HOLDER

Eighth Circuit -- United States v. Christian Quevedo

Sufficient evidence that deft filed false tax returns.

Uncharged false filings can be used for calculating loss for sentencing.

Harmless error in not offsetting any refunds actually due on the filings.

Beneficiaries of schemes can be counted as victims, given the likely immigration troubles ahead.

United States v. Christian Quevedo

Seventh Circuit -- Maurice Cobige v. City of Chicago

Order & Errata.

Maurice Cobige v. City of Chicago

Sixth Circuit -- Darryl Thompson v. Michael Grida

Qualified immunity appeal TKO'd, as it relies on disputed facts.

Darryl Thompson v. Michael Grida

Sixth Circuit -- John Shewchun v. Eric Holder, Jr.

BIA rule that removal proceedings cannot be stayed on the undertaking of successful naturalization unless & until DHS issues formal notification of status is entitled to deference.


John Shewchun v. Eric Holder, Jr.

Sixth Circuit -- Richard Atkinson v. Morgan Asset Management, Inc.

SLUSA bars securities fraud class action.

Claim not within first Delaware carve-out, as complint alleged that plaintiffs were induced to hold the shares for too long, not buy them.

Dismissal with prejudice upheld - class shaving not kosher.

Richard Atkinson v. Morgan Asset Management, Inc.

Sixth Circuit -- Jonathan Hirsch v. CSX Transportation Inc.

Class action dismissal upheld as 1:1,000,000 odds of bad things from dioxin exposure after train wreck is insufficient risk to warrant monitoring.

Court hold causation not proved.

Jonathan Hirsch v. CSX Transportation Inc.

Fifth Circuit -- Mohammad Khalid v. Eric Holder, Jr.

When a minor child listed as a derivative beneficiary on a visa application made by a brother or sister of a legal permanent resident attains majority and seeks to convert their status by means of a direct application, they retain the priority date of their aged-out application.

Circuit split flagged.

Mohammad Khalid v. Eric Holder, Jr.

Fifth Circuit -- USA v. Manuel Barraza

 Where juror makes a nonspecific prejudicial comment prior to deliberations, but jury reaches verdict before court can act -- no remedy, as only way to prove impropriety would be to inquire into deliberations.

No Brady violation where deft has the information.

Prejucial testimony properly cured by instruction.

Email from judge seeking sexual relations as part of larger plan involving both money and sexual relations qualifies under wire fraud statute (which requires that money be involved).

No error in bribery sentencing bumps.

USA v. Manuel Barraza

Fifth Circuit -- Swindle, et al v. Livingston Parish, et al

 Student has a valid property interest in alternative education when expelled from public school - some kind of process/hearing is required upon denial.

SJ on qualified immunity for administrators denied.

State sovereign immunity shields officials from some claim.

Swindle, et al v. Livingston Parish, et al

Fourth Circuit -- Commonwealth of Virginia v. Kathleen Sebelius

ACA does not inflict sufficient sovereign injury on Virginia for standing.

Conflict between state and federal law does not give state standing.

Current challenge is quasi-parens-patriae - Fed Govt is the true parens, not the states.

(Sixteen-page caption.)

Commonwealth of Virginia v. Kathleen Sebelius

Fourth Circuit -- John Doe v. Atty Gen USA

Anti-Injunction Act bars pre-enforcement challenge to ACA, as the penalty is a tax.

Concurrence: Concur, but if I reached merits, I would uphold the ACA as a legit exercise of plenary tax power.

Dissent - Mandate is not a tax - legislative history proves.  Would uphold ACA on merits.

Liberty University v. Timothy Geithner

Third Circuit -- John Doe v. Atty Gen USA

Status of aliens paroled into the country (as distinct from admitted) while facing criminal charges can be judicially reviewed.

Not intriniscally a due process violation.

Wire transfer a sufficiently aggravated fraud.

Dissent: Arrest warrant was insufficient grounds to deny entry.

John Doe v. Atty Gen USA

Third Circuit -- Amica Mutual Ins Co v. Edward Fogel

To stack or not to stack - car crash choice of law.

Choice of law rules of initial forum obtain in S1404(a) transfers.

Car insurance place of contracting outweighed by new residence.

Amica Mutual Ins Co v. Edward Fogel

First Circuit -- Mendes v. Brady

State supreme court gatekeeper process for state habeus claims upheld - referees whether claim is 'new and substantial.'


Mendes v. Brady

Second Circuit -- A.Q.C. v. United States

Claim barred by FTCA statute of limitations - if SOL could be tolled, it wouldn't be tolled in this case, due to dilatory lawyerin'.


A.Q.C. v. United States

Second Circuit -- United States v. Aumais

Child pr0n victim's injuries not proximately caused by possessor of images - Circuit split flagged.

No substantive/procedural error in sentence.

United States v. Aumais

Eleventh Circuit -- Manuel Valle vs Steven Singer, Timothy Cannon, et al

Death penalty prisoner's habeus challenge to injection protocol denied.

Manuel Valle vs Steven Singer, Timothy Cannon, et al  

[Thou shalt not kill.  -TMB]

Eleventh Circuit -- Sara E. Krinsk v. Suntrust Bank

Amendment of the complaint revived (amending) party's right to compulsory arbitration.

Sara E. Krinsk v. Suntrust Bank

Eleventh Circuit -- Lydia Rosenfeld v. Oceania Cruises, Inc.

Question of suitability of floor materials in slip & fall case was an appropriate one for expert witness

Lydia Rosenfeld v. Oceania Cruises, Inc.

Eleventh Circuit -- Covenant Christian Ministries, Inc., Pastor Frederick T. Anderson vs City of Marietta, Georgia

RLUIPA challenge to municipal building codes.


Injunctive relief claims made moot by subsequent legislation.

No damages, as church was seeking to build in a residential zone.

Covenant Christian Ministries, Inc., Pastor Frederick T. Anderson vs City of Marietta, Georgia

Eleventh Circuit -- Kenneth Loggins v. Thomas

Though Roper bars the death penalty for juveniles, they can still be charged with capital crimes and sentenced to life without parole.

Kenneth Loggins v. Thomas

Eleventh Circuit -- James D. Gentry v. Harborage Cottages-Stuart

Florida property developer not exempt from disclosure requirements, as there was no real-world reason to split the acquisition of the property into two lots, neither of which was large enough to trigger the requirements.

James D. Gentry v. Harborage Cottages-Stuart

Eleventh Circuit -- USA v. Arthur Smith

FSA challenge TKO'd by appeals waiver.

USA v. Arthur Smith

Tenth Circuit -- Tarrant Regional v. Herrmann

We hold that the Red River Compact insulates Oklahoma water statutes from dormant Commerce Clause challenge insofar as they apply to surface water subject to the Compact. We also uphold the Oklahoma statutes against Tarrant’s preemption claim.

Tarrant Regional v. Herrmann

Tenth Circuit -- Helm v. State of Kansas

Farragher-Ellis affirmative defense TKO's Title VII harassment claim of judge's administrative assistant.

Helm v. State of Kansas

Tenth Circuit -- Rivera-Barrientos v. Holder, Jr.

No abuse of discretion in BIA holding that El Salvadoran young women who have resisted gangs are not a cognizable social group.

Rivera-Barrientos v. Holder, Jr.

Tenth Circuit -- City of Hugo v. Nichols

Municipality can't sue state water board because of dormant commerce clause - municipality is a subdivision of state.

Plaintiff whose claims derive from the municipality has no standing as well, as claim is not redressable.

Dissent - subdivision has standing where sufficiently independent & making a constitutional claim.

City of Hugo v. Nichols

Ninth Circuit -- OLGA CERVANTES V. COUNTRYWIDE HOME LOANS, INC.

Probable cause for arrest of driver very different than probable cause for search of car.

OLGA CERVANTES V. COUNTRYWIDE HOME LOANS, INC.

Ninth Circuit -- OLGA CERVANTES V. COUNTRYWIDE HOME LOANS, INC.

Dismissal of class action against electronic mortgage system upheld.

OLGA CERVANTES V. COUNTRYWIDE HOME LOANS, INC.

Ninth Circuit -- LACEY SIVAK V. JOHN HARDISON

Knowing presentation of perjured inmate testimony suffices for habeus for death penalty deft.

LACEY SIVAK V. JOHN HARDISON

[Thou shalt not kill.  -TMB]

Eighth Circuit -- Employers Reinsurance Company v. Massachusetts Mutual Life Ins

 Insurance contract had a follow-the-settlements provision.

Continuing course of conduct did not toll SOL under Connecticut law.

Employers Reinsurance Company v. Massachusetts Mutual Life Ins

Eighth Circuit -- Nancy Mader v. United States

When claimant's representative doesn't produce appropriate credentials to agency, subsequent Article III claims are barred, as FTCA requires such showing.

Dissent - the requirement comes from a reg, not the statute.

Nancy Mader v. United States

Seventh Circuit -- USA v. Gary Stevenson

No error in introduction of marihuana evidence given that cocaine conspiracy was slam dunk.

No variance from guidelines.

USA v. Gary Stevenson

Seventh Circuit -- USA v. Israel Pillado

Some relief for drug conspiracy defts, given that more than half were strangers who agreed to unload a truck.


USA v. Israel Pillado

Seventh Circuit -- USA v. Jose Alvarado-Tizoc

When sentencing drugs defts by weight of drugs sold, dealers who sell undiluted products to distributors who then dilute them before retail should be sentenced for the wholesale weight, not the retail weight.  

Judge can then adjust ranges to account for extrinsic factors.

USA v. Jose Alvarado-Tizoc

Seventh Circuit -- Ronald Reher v. Frank Vivo

Officer had probable cause for disturbing the peace arrest given knowledge of S1983 plaintiff's troubled relationship with ex-wife.

Second officer get qualified immunity, as others in park said deft was videotaping kids, depsite deft claim that he was taping confrontation with ex-wife.

Ronald Reher v. Frank Vivo

Seventh Circuit -- Sergio Escobar v. Eric Holder, Jr.

Columbian pro-government trucker wasn't getting persecuted for being a trucker.  Remand to BIA.


Sergio Escobar v. Eric Holder, Jr.

Sixth Circuit -- Stanley Jalowiec v. Margaret Bradshaw

Death Penalty habeus denied.

Brady violation procedurally defaulted.  Prejudice from gov't's delay in revealing the information does not excuse, as the information isn't sufficiently material (i.e. game-changing).

Ineffective assistance claim TKO'd - another client of deft's counsel testified against deft in exchange for some consideration, deft's counsel crossed witness at trial.

State finding that hearsay introduced in penalty phase to dispel residual guilt was kosher is not contrary to clearly established law.

No mitigation-stage ineffective assistance.

No ineffective assistance on appeals, as even a non-'inept' presentation would not have seen these claims prevail.

Stanley Jalowiec v. Margaret Bradshaw 

[Thou shalt not kill.  -TMB]

Fifth Circuit -- Opelousas General Hosp Auth v. FairPay Solutions,

Conduct of local deft insufficient to trigger CAFA local controversy exception.

Opelousas General Hosp Auth v. FairPay Solutions,

Fifth Circuit -- USA v. Aaron Robinson

 No error in sentencing court's application of 'use of minor' enhancement where deft had the kid buy the cell phone that deft later used to make bomb threats.

USA v. Aaron Robinson

Fifth Circuit -- Toni Hollinger, et al v. Home State Mutual Ins Co.

 No error in District Court CAFA finding that most of the plaintiffs were non-alien Texans.

 Toni Hollinger, et al v. Home State Mutual Ins Co.

Fifth Circuit -- USA v. Antonio Scott

Sentencing bump for prior sentences for crimes of violence would be the same if considered as prior crimes of violece - doesn't matter that deft shot all victims as part of the same occurrence.

Later revision of guidelines do not establish that changed bits accomplish none of the valid purposes of punishment.

USA v. Antonio Scott

Third Circuit -- Amer Auto Ins Co v. Stephen Meloni

While a directly injured victim has standing in a declaratory insurance action, a passenger who attaches liability to a third party who then can sue the client of the insurance company does not have standing.

For purposes of accrual of the policy's timeframe, the wrongful act was not failing to purchase liquor liability insurance on the date of the accident, but rather not purchasing same upon first discovery of the need for it.

Amer Auto Ins Co v. Stephen Meloni

Third Circuit -- USA v. Thomas Pendleton

Venue is proper in the district of arrest when the act is committed entirely in a foreign country.

As the jurisdictional element in statute has an express [as opposed to local?] connection to interstate commerce, valid under Lopez.

USA v. Thomas Pendleton

Third Circuit -- Robert Jackson, III v. Carl Danberg

No abuse of discretion in denial of stay of execution due to pending challenge to lethal injection prototcol.

Robert Jackson, III v. Carl Danberg

[Thou shalt not kill.  - TMB]

Second Circuit - Dyncorp v. Dir., OWCP

Revised opinion.

Dyncorp v. Dir., OWCP

Federal Circuit -- LOMBARDI V. SEC. OF HEALTH AND HUMAN SERVICES

Claimant alleging multiple disorders as a result of vaccine did not sufficiently singly establish any of them.

Concurrence - Illogical to decide which disease is most likely to be caused by the harm, and then determine if it is sufficiently likely caused by the harm.

LOMBARDI V. SEC. OF HEALTH AND HUMAN SERVICES

DC Circuit -- Shawali Khan v. Barack Obama

Guantanamo habeus -- No error in District Court's assessment of veracity of intelligence reports, inmate properly detained under AUMF.


Shawali Khan v. Barack Obama

DC Circuit -- American Civil Liberties Union v. DOJ

FOIA request for policies on use of cell phone location data in prosecutions -- releases upheld, remand for further development of record.


American Civil Liberties Union v. DOJ

Tenth Circuit -- Hafed v. Federal Bureau of Prisons

Order of dismissal.


Hafed v. Federal Bureau of Prisons

Ninth Circuit -- USA V. RICARDO CISNEROS-RESENDIZ

When assessing an alien's application for withdrawal of admission, the ILJ must consider the interests of justice, not the equities of the case.

USA V. RICARDO CISNEROS-RESENDIZ

Ninth Circuit -- JOSEPH R. DIAZ V. JANICE BREWER

No error in issuance of injunction barring law which removed health benefits for same-sex partners.

JOSEPH R. DIAZ V. JANICE BREWER