Sixth Circuit -- Carrie Warf v. United States Dep't of Veterans Affairs

Discrimination/retaliation/unequal pay claims against Veterans Administration TKO'd.

Carrie Warf v. United States Dep't of Veterans Affairs 

Sixth Circuit -- USA v. Dennis Grigsby

Reversal for forced psychotropic medication of pretrial detainee for purposes of competency.  Remand with an eye to civil commitment.

USA v. Dennis Grigsby 

Sixth Circuit -- Michael Conlin v. Mortgage Electronic Registration

Claim of  robo-signing/ bad assignment insufficient to state a claim for fraud after statutory six-month window has closed.

Michael Conlin v. Mortgage Electronic Registration 

Sixth Circuit -- Tanya Martin v. City of Broadview Heights

Denial of qualified immunity for police officers who, confronted with a man without clothing who was asking to be arrested, tackled the fellow and lay on top of him, eventually resulting in his death.

Tanya Martin v. City of Broadview Heights 

Sixth Circuit -- Jeannette Martello v. Joshua Santana

Fee-splitting agreement between non-admitted JD/MD and law firm is void as against public policy.

Fraud claims time-barred, as the plaintiff should have been alerted by earlier shortfalls.

 Jeannette Martello v. Joshua Santana 

Fifth Circuit -- USA v. Song Chon, et al

Crim -- sufficient evidence for conspiracy where innkeeper and employees had knowledge of the alien-smuggling operation.

Procedural/substantive errors to sentences denied.

USA v. Song Chon, et al

Fifth Circuit -- Robert Antoine v. First Student, Incorporated

Title VII reasonable accommodation -- Seventh Day Adventist / school bus driver.

Reasonable question as to whether shift swaps were a reasonable accommodation.

Robert Antoine v. First Student, Incorporated

Second Circuit -- Sotomayor v. City of N.Y.

(Gladys Sotomayor.)

Cursory upholding of dismissal of discrimination/retaliation claim at summary judgment stage.

Sotomayor v. City of N.Y.

First Circuit -- US v. Dapolito

Considering the totality, no justification for Terry stop, given that the encounter grew less suspicious as it progressed.

Dissent:  There was no stop until the arrest.

US v. Dapolito 

First Circuit -- Hanson v. Astrue

SSA -- Skilled worker qualified for semi-skilled tasks, given administrative definition of the tasks.

Hanson v. Astrue 

First Circuit -- US v. Palmquist

As investigation was relating to a separate criminal investigation and not an employment matter, civilian Veterans Dept employee doesn't have a 5A claim to suppress fruits of workplace interview.

Restitution not offset by amount of related unclaimed benefits.

US v. Palmquist 

First Circuit -- US v. Rodriguez-Reyes

Crim -- sufficient evidence for conspiracy

Substantive challenges to sentences denied.

US v. Rodriguez-Reyes 

Sixth - Eleventh, DC, Fed. 4/9-10

TK, tomorrow.

-MB

Fifth Circuit -- In Re: FEMA Trailer

Discretionary function exception bars tort claim suits for chemical exposure during resettlement.

In Re: FEMA Trailer

Fifth Circuit -- Hornbeck Offshore Services, et al v. Kenneth Salaz

To determine if a judicial order has been violated, courts should  look to totality of circumstances.

Hornbeck Offshore Services, et al v. Kenneth Salaz

Third Circuit -- Karim Eley v. Charles Erickson

Crim -- Sufficient evidence for participation in conspiracy.

Habeas granted for prejudice due to co-deft's confessions -- incorrect anonymization at trial.

Karim Eley v. Charles Erickson

Third Circuit -- USA v. Corbin Thomas

District courts have subject matter jurisdiction over requests for an extension of time to file a 2255 motion, even prior to the commencement of the Habeas petition -- though civil, it is a continuation of the criminal action.

USA v. Corbin Thomas

Second Circuit -- Paskar v. USDOT

As administrator's letter doesn't create a legal right, impose an obligation, or create a legal relationship, it's not a reviewable final order.

Paskar v. USDOT

Second Circuit -- Molchatsky, et al. v. United States

SEC investigations of the Madoff ponzi scheme -- Feds are immune from suit, given discretionary functions exception..

Molchatsky, et al. v. United States

Second Circuit -- JS v. T’Kach

Termination from witness protection program can't be challenged statutorily, given jurisdiction-strip --  doesn't state a claim for procedural due process either.  Error to dismiss without allowing leave to replead claims based on subsequent incidental confinement.

Concurrence in J:  The lack of a judicial remedy is troubling,.

JS v. T’Kach

First Circuit -- Guaman v. Holder, Jr.

Immigration --- substantial evidence for adverse finding on credibility of petitioner.  Inconsistencies not due to PTSD/bad translation.

Guaman v. Holder, Jr. 

First Circuit -- Medina-Rivera v. MVM, Inc.

Title VII -  summary judgment for gender discrimination upheld.

No obligation on federal courts to follow Puerto Rico standards on summary judgment.

Medina-Rivera v. MVM, Inc. 

Next update

All of Monday's published opinions have been posted.  Next update Wednesday night.  (Will try to list both today's and tomorrow's.)

If the crick don't rise.  

-MB

Federal Circuit -- GENARO VAZQUEZ-CLAUDIO v. SHINSEKI [OPINION]

Veteran's PTSD claim -- no error in agency holding that the list of symptoms in the regulation is more important than the listed areas in which the symptoms occur (home, work, etc.)



GENARO VAZQUEZ-CLAUDIO v. SHINSEKI [OPINION]

Tenth Circuit -- Abernathy v. Wandes

Habeas -- claim exhaustion under S2255 isn't excused by law of the case that would compel an opposite result -- it's still a legitimate procedural vehicle, so a second-or-successive isn't allowed under S2241.

(Maybe.  Entertainment purposes only, as always.)

Abernathy v. Wandes

Tenth Circuit -- Taylor v. Roswell Independent School

Bar to student-distributed anti-abortion materials upheld.

(Not overly vague, pre-approval was licit, disruption was correctly predicted, no EP, since no comparator.)

Taylor v. Roswell Independent School

Ninth Circuit -- ALLIANCE OF NONPROFITS FOR INS V. BRETT BARRATT

As state statute barring "first dollar" insurance policies issuance by entities not licensed to do business in the state does not state a policy justification for barring out-of-state entities, it is preempted by federal risk-retention organization statute.

To get fees under S1983 for a preemption claim, the entity itself must have the specific right to be free of state regulation -- zone of interests conferred by statute isn't enough.

ALLIANCE OF NONPROFITS FOR INS V. BRETT BARRATT

Ninth Circuit -- USA V. HORACIO YUMAN-HERNANDEZ

Sentencing entrapment (govt attempting to increase the mandatory minimum) can be avoided if the deft can establish either lack of intent or lack of capability.

USA V. HORACIO YUMAN-HERNANDEZ

Seventh Circuit -- Richard M. Fogel v. Ronald Shabat

Bankruptcy --  appointment of an interim trustee does not lengthen or toll the statute of limitations for filing an avoidance claim, though equitable tolling is available.

Richard M. Fogel v.   Ronald Shabat

Seventh Circuit -- USA v. Randy Meherg

Possession of cocaine and aggrivated stalking are valid ACCA predicates.  Modified categorical (PSR).

USA v.   Randy Meherg

Seventh Circuit -- NES Rentals Holdings, Incorpor v. Steine Cold Storage, Incorpora

Indemnification clause in contract not a sufficiently knowing and explicit agreement under Indiana law where the counterparty's sole negligence is excepted, but not shared negligence.

NES Rentals Holdings, Incorpor v.   Steine Cold Storage, Incorpora

Seventh Circuit -- Leon Modrowski v. John Pigatto

At summary judgment, non-movant must go beyond the pleadings to establish tenable claim -- reiterating pleadings doesn't satisfy.

Leon Modrowski v.   John Pigatto

Sixth Circuit -- USA v. City of Detroit

Unions can intervene after the court issues an order abrogating some CBA's, but the scope of intervention is limited.

Dissent -- scope issues were not briefed - better to reverse under Rule 19 -- not joining an indispensable party.

USA v. City of Detroit 

Sixth Circuit -- Mark Kerman v. CIR

Tax -- no substance to the shelter, so the penalty for understating assets applies.  Circuit split on this noted.

Mark Kerman v. CIR 

Sixth Circuit -- El Camino Resources, LTD. v. Huntington National Bank

Under Michigan law, aiding and abetting unlawful conversion requires actual knowledge, and there was no evidence that fraudster's bank had such knowledge.

Preliminary bankruptcy holding that bank had not acted in good faith not binding on the civil case at summary judgment.

El Camino Resources, LTD. v. Huntington National Bank 

Tuesday is the new Monday

Monday's opinions will be listed Tuesday morning.

MB

All Opinions

Time is short, and many opinions rolled today, so -- (very) short form:

First --
US v. Baird   -  Guns -- deft should have gotten an 'innocent possession' instruction.
US v. Morales-Cruz  -- Sentencing - conditions on supervised release.
Gianfrancesco v. Wrentham, MA  -- Equal Protection and Due Process claims by potentially over-regulated restaurant owner TKO'd.

Second --
Federal Housing Fin. Agency v. UBS Americas Inc.  -- Statute of limitations/repose, Appointments challenge
United States v. Westchester County, New York  --  Federal housing consent decree litigation
Mercer v. Gupta -- Securities - whether a 'beneficial owner'

Third --
Timothy Ross v. David Varano -- Habeas, equitable tolling
Grane Health Care v. NLRB

Fourth --
Southern Walk at Broadlands v. Openband at Broadlands, LLC 
Lansdowne on the Potomac v. Openband at Lansdowne, LLC

Fifth --
First National Bank, et al v. Polk Mechanical Comp 

Sixth --
Commonwealth of Kentucky v. Tracfone Wireless, Inc.
USA v. Derrick Hammond 

Seventh --
USA v.   Kurt Scheuneman
Anthony Maniscalco v.   Jay Simon
USA v.   Nicolas Gomez
Bankmanagers Corporation v.   Federal Insurance Company

Eighth -- [text from court site]

121857P.pdf 04/05/2013 Southern Wine and Spirits, etc v. Mountain Valley Spring Company U.S. Court of Appeals Case No: 12-1857 and No: 12-1915 U.S. District Court for the Western District of Arkansas - Hot Springs [PUBLISHED] Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Contracts. For the court's prior opinion in the case, see Southern Wine & Spirits of Nevada v. Mountain Valley Spring Co., 646 F.3d 526 (8th Cir. 2011). District court order denying Southern's motion for attorneys' fees is affirmed, as the district court was within its discretion in finding that neither party in the case qualified as the prevailing party under Nevada law.

Ninth --

FIREBAUGH CANAL WATER DISTRICT V. USA  -- Deference to Dept of Interior
CARLOS CASTRO V. CAL TERHUNE -- Prison anti-gang statutes not void for vagueness

Tenth --

 11-3258  United States v. Patterson

DC Circuit --

11-7127Magloire Etoh v. Fannie Mae








12-1284Marc Barnes v. Commissioner, IRS




Federal Circuit -- 

INRE: STEVE MORSA [OPINION]

Go, stranger, and tell the Spartans that at least we got the titles posted.

-MB

Federal Circuit -- BRUCE SAFFRAN v. JOHNSON & JOHNSON [OPINION]

Patent.


BRUCE SAFFRAN v. JOHNSON & JOHNSON [OPINION]

Ninth Circuit -- NORTH EAST MEDICAL SERVICES, I V. CALIFORNIA DEPARTMENT OF HEALT

Health clinics cannot recoup monies paid to the state 11th Amendment bars the suit, as the funds would be taken from the state treasury.

NORTH EAST MEDICAL SERVICES, I V. CALIFORNIA DEPARTMENT OF HEALT

Ninth Circuit -- PETER KNAPPE V. USA

Executor's reliance on accountant's advice as to tax deadline does not excuse the late filing -- deadlines are not a substantive matter.

PETER KNAPPE V. USA

Eighth Circuit -- United States v. William Mefford

Conditions imposed on supervised release not overbroad.

United States v. William Mefford

Eighth Circuit -- United States v. Roberto Rodriguez

Handcuffing during traffic stop did not make it an arrest.

Probable cause for automobile exception search, as deft admitted to having contraband in the car.

Sources sufficed for warrant.

Many sentencing challenges.

United States v. Roberto Rodriguez

Seventh Circuit -- USA v. Steven Dotson

As the dilapidated gun pointed by the deft could still be regarded as something capable of firing bullets and was not beyond repair, it qualifies under the statute.

USA v.   Steven Dotson

Seventh Circuit -- Rebecca Pepper v. Carolyn W. Colvin

No error in ALJ's denial of disability claim.

Rebecca Pepper v.   Carolyn W. Colvin

Seventh Circuit -- USA v. Geoffrie Allen Lee Dill

Alternate juror's presence in jury room did not constitute a Constitutional violation, as the juror did not participate in or affect the deliberations.

USA v.   Geoffrie Allen Lee Dill

Seventh Circuit -- Betty Jordan v. Kelly Binns

Multi-step hearsay analysis.  Ultimately harmless error.

Betty Jordan v.   Kelly Binns

Seventh Circuit -- Solomon Monroe v. Randy J. Davis

Denial of Habeas --

As appellate holding was consistent with time of arrest stipulated to by the parties, the state courts gave the question a full and fair adjudication, despite error by trial court.

No ineffective assistance, as the putative additional witness wouldn't have done much for the case.

Conviction of murder on accountability theory upheld, as the deft's gang had a preexisting common plan to harm the victim.

Solomon Monroe v.   Randy J. Davis

Seventh Circuit -- Lisa Williamson v. Mark Curran, Jr.

As plaintiff's pleadings establish that deputies had reasonable grounds to suspect plaintiff to have stolen the horse, no S1983 claim.

Lisa Williamson v.   Mark Curran, Jr.

Sixth Circuit -- SEC v. Sierra Brokerage Services, Inc

SEC shift in theory of the case at the summary judgment stage from fraud-based to non-fraud-based (investors as stockholders) did not unduly harm deft's ability to defend.

Broker was a control person under Rule 144, given shareholder agreement.

Stock powers made broker a beneficial owner of the securities.

Sufficient scienter for injunction.

SEC v. Sierra Brokerage Services, Inc 

Sixth Circuit -- Cumberland River Coal Co. v. The Federal Mine Safety and He

Order of relief for mine worker upheld, as ALJ credited medical evidence to the contrary.  No impermissible imposition of business judgment.

Cumberland River Coal Co. v. The Federal Mine Safety and He 

Fourth Circuit -- Ashley II of Charleston LLC v. PCS Nitrogen Incorporated

Successor corporation did not assume clear contractual responsibility for predecessor's toxic waste liabilities, as the asset sale was treated as if it were hypothetically a stock swap.  Still responsible, though, after weighing the other evidence.

Extensive grading and construction is enough to make one a responsible party - no need to prove that soil was actually imported.

Adjacent leasehold should be considered part of the site.

Duty of care towards the waste is that of a similarly situated reasonable person.

No error in imposition of joint & several liability, as the inquiry was detailed and fact-specific.

Ashley II of Charleston LLC v. PCS Nitrogen Incorporated 

Third Circuit -- Akers National Roll Company v. United Steel, Paper and Forest

Deference to arbitrator's decision, as an arbitration outcome derives its essence from the CBA if it could in any way rationally derive from it.  Arbitrator could therefore look to past practice of parties.

Akers National Roll Company v. United Steel, Paper and Forest

Third Circuit -- West Run Student Housing v. Huntington National Bank

Conclusory allegations that contractor disclosed information to a competitor insufficient to state a claim.  Corroboration required.

No breach of the implied warranty of good faith and fair dealing in providing financing to a competitor.

At the motion to dismiss stage, the court cannot look beyond the four corners of the pleading -- statements in original pleading later superseded by amended pleading are therefore not binding judicial admissions.

West Run Student Housing v. Huntington National Bank

First Circuit yesterday

These appeared in the First after we went to press yesterday:

Aetna, Inc. v. Pfizer, Inc., et al 

Harden Manufacturing Co. v. Pfizer, Inc. 

Kaiser Foundation Health Plan v. Pfizer, Inc. 

Acosta-Ramirez v. Banco Popular de Puerto Rico 

- MB

Ninth Circuit & Federal

Short on time -- here's what's posted so far:

Ninth:

USA V. YALE AUGUSTINE A. D. V. STATE OF CALIF. HIGHWAY PATROL ECOLOGICAL RIGHTS FOUNDATION V. PG&E USA V. THOMAS JENNINGS

Federal:

KAHRS INTERNATIONAL, INC. v. US [OPINION]

- MB

Eighth Circuit -- Jeff Knutson v. Schwan's Home Service, Inc.

From the court's website:

122240P.pdf 04/03/2013 Jeff Knutson v. Schwan's Home Service, Inc. U.S. Court of Appeals Case No: 12-2240 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
Civil case - Employment discrimination. Plaintiff was not qualified to perform an essential job junction because of his eye injury and his inability to obtain DOT qualification, and the district court did not err in granting Schwan's motion for summary judgment on plaintiff's ADA claim; district court did not err in granting Schwan's summary judgment on plaintiff's claims for mileage reimbursement and a bonus.

Eighth Circuit -- Owners Insurance Company v. Betty Hughes

From the court's website:

122198P.pdf 04/03/2013 Owners Insurance Company v. Betty Hughes U.S. Court of Appeals Case No: 12-2198 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Insurance. The Owners policy's underinsured motorist coverage does not cover Hughes' claims because the underinsured person's insurance bodily injury limit was not less than $100,000 as required by the policy's unambiguous definition of underinsured automobile.

Eighth Circuit -- Douglas Reuter v. Jax Ltd., Inc.

From the court's website:

121753P.pdf 04/03/2013 Douglas Reuter v. Jax Ltd., Inc.
U.S. Court of Appeals Case No: 12-1753 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
Civil case - Contracts. Even if Reuter did not waive Jax's breach of the parties' contract with his own breach, any factual disputes in the case were not outcome determinative because Jax's breach was neither damaging nor material, and the district court did not err in granting Jax's motion for summary judgment on Reuter's claim for breach of contract; the district court did not err in denying Reuter's motion to amend his complaint.

Seventh Circuit -- Shun Warren v. Michael Baenen

Denial of Habeas for plea-stage ineffective assistance.

Due process claims on knowingness of plea speculative.

No DP violation in sentencing judge's citation of attempt to withdraw from plea as a basis for sentence length.

Shun Warren v.   Michael Baenen

Sixth Circuit -- USA v. Jermaine Woods

"What's in your pocket?"  doesn't change a Terry stop [SITA?] into an interrogation.

Concurrence -- public safety exception.

USA v. Jermaine Woods 

Sixth Circuit -- Cogent Solutions Group, LLC v. Hyalogic, LLC

Where business competitors enter into a settlement agreement barring deprecatory references to each others' products, only direct references are barred, absent language to the contrary in the agreement.

 Cogent Solutions Group, LLC v. Hyalogic, LLC 

Sixth Circuit -- USA v. Rashan Doyle

Conditions of supervised release vacated as insufficiently explained.

USA v. Rashan Doyle 

Third Circuit -- USA v. Mark Zabielski

Sentencing -- application of the threat of death sentencing bump harmless error, as court explicitly stated that it didn't affect the length of the sentence.

USA v. Mark Zabielski

Third Circuit -- In Re: Leon A. Kendall

Statement in judicial opinion disagreeing with superior tribunal cannot serve as a basis for criminal contempt charge unless there is a clear and present danger of obstruction or prejudice.  Not judicial immunity, tho --  Free Speech.

In Re: Leon A. Kendall

Second Circuit -- United States v. Bryant

Guns --  Federal possession-in-furtherance statute survives 2A review.

United States v. Bryant

Second Circuit -- Evans v. Fischer

Reversal of Habeas grant --  admission of hearsay isn't, per se, a violation of due process.  State prior appellate review holding the error to be harmless therefore bars federal collateral review.

Evans v. Fischer

Second Circuit -- CFTC v. 3M Employee Welfare Benefit Association Trust I, et al.

Corporate receivership winding up a fraud has equitable authority not to award a prudence premium to investors in the regulated funds, as both the regulated and the non-regulated investments are similarly situated with respect to the fraud.

Inflation adjustment not required as a matter of law.

CFTC v. 3M Employee Welfare Benefit Association Trust I, et al.

Second Circuit -- Cohen v. Cohen

To state a fraud-based RICO claim in a divorce action, the facts alleged must create a plausible inference of wrongdoing.

Fraud-based claims accrued at first suspicions of the ex-wife, but the investigation at the time was reasonable.

Event-based statute of limitations for unjust enrichment has run.

Cohen v. Cohen

Rest of opinions

Sixth:

USA v. Bernard Kurlemann 

USA v. Kevin Daws 


Seventh:

Feras Jabr v.   Eric Holder, Jr.
Koransky, Bouwer & Poracky, P. v.   Bar Plan Mutual Insurance Comp
Richard Budd v.   Edward Motley
USA v.   Mario Lomax

Eighth:

113862P.pdf 04/02/2013 United States v. Elnora Logan U.S. Court of Appeals Case No: 11-3862 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Criminal case - Sentencing. The district court erred in denying defendant's motion to reduce her sentence under 18 U.S.C. Sec. 3582(c)(2), and the case is remanded for exercise of the district court's substantial discretion. Judge Colloton, dissenting. 121297P.pdf 04/02/2013 Salahaddin Ayyoubi v. Eric Holder, Jr. U.S. Court of Appeals Case No: 12-1297 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Civil case - Immigration. The USCIS's approval of plaintiff's application for adjustment to permanent resident status mooted his appeal of the district court's judgment in his action seeking a declaration that the agency had acted unlawfully by withholding adjudication on his application without periodic review; plaintiff's uncertainty about the reasons for his approval and his subjective fears about future applications or eventualities are insufficient to establish a continuing controversy. 122476P.pdf 04/02/2013 Andrew Alexander v. Mary Jo Jensen-Carter U.S. Court of Appeals Case No: 12-2476 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Arnold, Author, with Melloy and Smith, Circuit Judges]
Civil case - Bankruptcy. District court order affirming the order of the bankruptcy court giving possession of disputed property to the trustees is affirmed.

Ninth:

RUBEN CERON V. ERIC H. HOLDER JR.
USA V. LKAV, JUVENILE MALE

Tenth:

 12-5013  United States v. Benoit


DC:

12-5004Citizens for Resp. and Ethics v. Federal Election Commission

 
And two in fed

Sixth Circuit -- Thomas Kinkade Company v. Nancy White

Arbitration vacated for evident partiality.

Thomas Kinkade Company v. Nancy White 

Fifth Circuit -- Willie Garner v. Paul Morales, et al

Muslim prisoners have right under RLUIPA to grow short beards.

Willie Garner v. Paul Morales, et al

Second Circuit -- United States v. Livecchi

Despite facial reading of statute to the contrary, government had both foreclosure rights and civil cause of action, as such a reading of the statute best effectuates the intent & purpose of the statute.

Claim accrued for statute of limitations purposes at the discovery fo the underlying crime, not the defaulted mortgage payments.

United States v. Livecchi

Second Circuit -- United States v. Walsh

Asset attachment -- as parties to the divorce waived statutory equitable distribution, there was no claim on the value of the house prior to the fraud -- and as the income from the fraud exceeded the net worth at the time of the deft, proceeds from the sale of the house are reachable.

Exception to FRE witness identification requirements for drug-related cases (Monsanto) can be applied to non-drug cases.  No error in quashing subpoena for pretrial deposition of witnesses in Monsanto hearing, as the facts were available elsewhere.



United States v. Walsh

Second Circuit -- Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.

To state a claim for breach of fiduciary duty under ERISA, circumstantial evidence is sufficient, but there must be enough to raise a reasonable inference of breach of duty -- mere decline in the assets of the Plan is insufficient.

Dissent -- Plausible inference suffices -- no heightened pleading for ERISA


Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.

Second Circuit -- United States of America v. Barton

Court must make finding of requisite financial status before appointing counsel, even if deft declines to provide any information.

United States of America v. Barton