Ninth Circuit: ANTHONY NIGRO V. SEARS, ROEBUCK AND CO.

Employment Discrimination -- PL Deposition can suffice to establish animus.

Deprecating statement by supervisor should have been in under party admission hearsay exception.

ANTHONY NIGRO V. SEARS, ROEBUCK AND CO.

Sixth Circuit: USA v. Chattanooga-Hamilton Cnty. Hosp.

FCA claims are not barred because of prior public disclosure, as the audit (though released to the government) was not generally released.

USA v. Chattanooga-Hamilton Cnty. Hosp.

Fifth Circuit:" Pilgrim's Pride Corporation v. CIR

Tax.

Company's abandoned securities do not have to be accounted as Capital Losses.  The relevant statute refers to derivative obligations and claims relating to the capital asset, not the actual ownership of the asset.

Pilgrim's Pride Corporation v. CIR

Fourth Circuit: Robert Reynolds v. Douglas Middleton

County panhandling prohibition makes sufficient showing to survive Summary Judgment, as government did not sufficiently establish narrow tailoring of law.

Robert Reynolds v. Douglas Middleton

Third Circuit: Carlyle Investment Management v. Moonmouth Company SA

Appellate court has jurisdiction over appeal of remand to state court when the remand is not according to the statute. (1447)

Nonparties can enforce forum selection clause in contract, as the nonparties are affiliated with the signatory corporation, and the claims would not arise but for the base agreement.

Carlyle Investment Management v. Moonmouth Company SA

Second Circuit: Johnson v. United States

Subsequent vacatur of on-point predicate conviction count doesn't bar the subsequent ACCA sentencing bump, as the statute merely requires that the offense be committed, not that the deft be convicted of it, and the other (non-vacated) counts can encompass the valid predicate offense.

No Ineffective Assistance as to that sort of stuff.

Johnson v. United States

Second Circuit: United States v. George

No plain error in jury instruction that omitted mens rea element of the offense.

Sufficient evidence of harboring undocumented live-in worker.

No 8th Amendment Excessive Fine violation in forfieture.

United States v. George

Second Circuit: Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc., et al.

Despite the fact that PL didn't move to preserve claims against future infringement, suits alleging further infringement and unfair competition by same parties to earlier suit are not barred by res judicata.

Marcel Fashions Group, Inc. v. Lucky Brand Dungarees, Inc., et al.

Second Circuit: Carol Leitner v. Westchester Community College, et al.

While the SUNY system is an arm of the state, and therefore subject to 11th Amendment protections of Sovereign Immunity, the local community colleges that compose it are not sufficiently controlled and funded by the state to qualify for the immunity.

Carol Leitner v. Westchester Community College, et al.  

Ninth Circuit: PAUL HARRINGTON V. EQUITRUST LIFE INS CO

Brochure language didn't offer sufficient grounds for RICO predicates.

Court must explain reasons for denial of fees to prevailing party.

PAUL HARRINGTON V. EQUITRUST LIFE INS CO

Ninth Circuit: JAVIER MARTINEZ-HERNANDEZ V. ERIC HOLDER, JR.

Immigration: No Ineffective Assistance where Petitioner didn't make showing of likely relief.

JAVIER MARTINEZ-HERNANDEZ V. ERIC HOLDER, JR.

Eighth Circuit: United States v. Miguel Soto

Court's denial of "Minor Participant" sentencing reduction wasn't a departure from sentencing Guidelines requiring prior notice.

United States  v.  Miguel Soto

Eighth Circuit: United States v. Gilberto Lara-Ruiz

Judgment citing incorrect statute, later corrected  didn't mean that deft was sentenced under wrong statute, as judge cited correct statute's mandatory minimum at sentencing.

Deft's attorney's concession in opening that deft committed a predicate offense is sufficient for proof of the predicate, given fact that deft didn't timely challenge.

Within-guidelines sentence not substantively unreasonable.

United States  v.  Gilberto Lara-Ruiz

Fifth Circuit: USA v. Jose Sanchez-Sanchez

Sentencing enhancement for use of a weapon operated as a sentencing finding and not an element of the verdict.

Facial inconsistencies in pleading documents therefore not fatal to judge's finding.

USA v. Jose Sanchez-Sanchez

Second Circuit: National Railroad Passenger Corporation v. McDonald

Amtrak Eminent Domain suit against New York barred by Statute of Limitations.

SOL ran from the date of condemnation by the state.

11th Amendment question waived by state when it asked court to rule on SOL.

National Railroad Passenger Corporation v. McDonald

Second Circuit: Garcia v. Jane and John Does 1-40

Order: Withdrawal of en banc given issuance of new panel opinion

Garcia v. Jane and John Does 1-40

Second Circuit: Garcia v. Jane & John Does

Amended opinion.

S1983 Qualified Immunity for police officers in Occupy arrests in NYC

Suit can be dismissed by grant of qualified immunity at 12(b)6 stage.

Police allowing protesters onto path offers an affirmative defense to disorderly conduct, doesn't cut against ability to arrest for same.  Police had immunity.

Garcia v. Jane & John Does

Tenth Circuit: Tiscareno v. Frasier

S1983 Malicious Prosecution and Brady claims in Medical Malpractice case

Appellate court has jurisdiction to review facts on interlocutory appeal.

Withheld pathology report suggesting prior injury insufficient basis for malicious prosecution claim.

No conviction means no Brady violation.  Though deft did not raise this in Answer or Motion for Summary Judgment, pleading of general qualified immunity was sufficient to preserve.  

At the time, there was no clearly established Constitutional rule saying that a private hospital's investigation was subject to Brady disclosures.

Tiscareno v. Frasier

Eighth Circuit: Gary Austin v. Fletcher Long

Interlocutory appeal in S1983 employment action.

Appellate court will not engage in time consuming review of the record in interlocutory appeal on questions of fact.

No error in holding comparators with DUI and ethics charges were comparable to or more seriously affected.  (PL had errors in expense accounts.)

Gary Austin  v.  Fletcher Long

Seventh Circuit: Afrouz Keirkhavash v. Eric Holder, Jr.

Immigration: IJ had sufficient evidence to disbelieve petitioner's recantation of affiliation with organization that would have torpedoed asylum application.

Seventh Circuit:  Afrouz Keirkhavash v.  Eric Holder, Jr.

Hiatus

We hope to return to normal publishing soon.  This is a going concern, but precisely where it's going remains to be seen.

MB

8/27 - 9/3 -- List Only

We'd really like to get back to doing summaries for each case, but - for the nonce:

First Circuit:

2013/08/28	12-1063P.01A	12-1063	Aguirre v. Holder     Board of Immigration Appeals (BIA)
2013/08/28	12-1679P.01A	12-1679	Dorpan, S.L. v. Hotel Melia, Inc.     District Court of Puerto Rico, San Juan
2013/08/30	12-1269P.01A	12-1269	Soto-Hernandez v. Holder, Jr.     Board of Immigration Appeals (BIA)
2013/08/30	12-1517P.01A	12-1517	Agyei v. Holder     Board of Immigration Appeals (BIA)
2013/08/30	12-2284P.01A	12-2284	French v. The Bank of New York Mellon     District Court of New Hampshire, Concord
2013/08/30	12-2495P.01A	12-2495	Awuah v. Coverall North America, Inc.     District of Massachusetts, Boston

Second Circuit:

12-612

Seybout v. Holder

09-03-2013

SUM

12-3746-cv

Musco Propane, LLP v. Town of Wolcott Planning and Zoning Comm’n, et al.

09-03-2013

SUM

12-379

Shalamberidze v. Holder

09-03-2013

SUM

13-339-cv

Basile v. Connolly

09-03-2013

SUM

12-1843

Lin v. Holder

09-03-2013

SUM

12-2681-cr(L)

United States v. Escalera

09-03-2013

SUM

12-1262-cv

Shibeshi v. City Univ. of N.Y.

09-03-2013

SUM

11-5149-cv

Bender v. Lowe

09-03-2013

SUM

10-1166

Leslie v. Holder

08-30-2013

SUM

12-657

Lin v. Holder

08-30-2013

SUM

12-1834-cv

Mitchell v. Con Edison

08-30-2013

SUM

12-2066

Padilla v. Holder

08-30-2013

SUM

12-1298

Diallo v. Holder

08-30-2013

SUM

12-553

Lin v. Holder

08-30-2013

SUM

11-3971

Du v. Holder

08-30-2013

SUM

11-2746-ag

Ilunga v. Holder

08-30-2013

SUM

12-2956-cv

Merrill Lynch Capital Services, Inc. v. UISA Finance, USINAS Itamarati S.A.

08-30-2013

SUM

11-3161-cr(L)

United States v. Morin

08-30-2013

SUM

12-1262-cv

Shibeshi v. City Univ. of N.Y.

08-29-2013

SUM

13-576-cv

Mitchell v. Faulkner

08-29-2013

SUM

Third Circuit:

Filed 09/03/13, No. 12-3575
USA v. Antonio Figueroa
USDC for the District of New Jersey

Filed 09/03/13, No. 12-2736
SemCrude LP v.
USDC for the District of Delaware

Filed 09/03/13, No. 12-2073
Bernardo Castillo v. Attorney General United States
Agency

Filed 09/03/13, No. 10-3218
Deborah Klein v. Douglas Weidner
USDC for the Eastern District of Pennsylvania

Filed 08/30/13, No. 12-4027
William Keitel v. Joseph Mazurkiewicz
USDC for the Western District of Pennsylvania

Filed 08/29/13, No. 12-1486
USA v. Terrell Davis
USDC for the Eastern District of Pennsylvania

Filed 08/27/13, No. 12-2808
In Re: RCS Capital Development v.
USDC for the District of Delaware

Filed 08/27/13, No. 12-2736
SemCrude LP v.
USDC for the District of Delaware

Fourth Circuit:

121537.P Town of Nags Head v. Matthew Toloczko (Diaz 08/27/2013) 
Published opinion after argument: Reversed and remanded 
Civil Private (EDNC Dever) 
________________________

(Apparently takes the "Not Needing to Clear the Decks at Summer's End" Prize. MB)

Fifth Circuit:

11-31049	8/28/2013	USA v. Renee Pratt
12-10312	8/28/2013	Natasha Whitley v. John Hanna, et al
12-20294	8/27/2013	Carol Cantrell, et al v. Briggs & Veselka Company
12-30230	8/29/2013	In Re: Deepwater Horizon
12-30890	8/30/2013	USA v. Craig Nash
12-40085	8/27/2013	Pilgrim's Pride Corporation v. Gary Agerton, et al
12-40244	8/29/2013	USA v. Juan De Leon, Jr.
12-41262	8/28/2013	Philip Davis, et al v. Signal Intl Texas GP, L.L.C
12-60005	8/29/2013	USA v. Antonio Hughes
12-60547	8/30/2013	Khagendra Sharma v. Eric Holder, Jr.
13-70007	8/30/2013	Jessie Hoffman v. Bobby Jindal, et al

Sixth Circuit:

13a0249p.06	11-3024	2013/08/26	John Drummond v. Marc Houk     Northern District of Ohio at Youngstown
13a0249p.06	11-3039	2013/08/26	John Drummond v. Marc Houk     Northern District of Ohio at Youngstown
13a0250p.06	11-3449	2013/08/26	James O'Neal v. Margaret Bagley     Southern District of Ohio at Cincinnati
13a0251p.06	11-6311	2013/08/26	USA v. Felix Booker     Eastern District of Tennessee at Knoxville
13a0252p.06	12-2434	2013/08/26	Dimitrios Papas v. Buchwald Capital Advisors, LLC     Eastern District of Michigan at Detroit
13a0253p.06	12-6043	2013/08/27	USA v. Sam Droganes     Eastern District of Kentucky at Covington
13a0253p.06	12-6144	2013/08/27	USA v. Sam Droganes     Eastern District of Kentucky at Covington
13a0254a.06	xx-xxxx	2013/08/27	USA v. John Doe     Northern District of Ohio at Youngstown
13a0255p.06	12-6122	2013/08/28	Kenneth Seaton v. TripAdvisor LLC     Eastern District of Tennessee at Knoxville
13a0256p.06	12-3433	2013/08/29	USA v. Demario Denson     Northern District of Ohio at Cleveland
13a0257p.06	12-1427	2013/09/03	USA v. Theodore Stewart     Eastern District of Michigan at Detroit
13a0258p.06	10-2571	2013/09/03	Rebecca Jasinski v. Sheri Tyler     Western District of Michigan at Grand Rapids

Seventh Circuit:

12-2383	Riley J. Wilson v.   Career Education Corporation	civil	08/30/2013	Final  Opinion	Darrow  concurs
12-2383	Riley J. Wilson v.   Career Education Corporation	civil	08/30/2013	Final  Opinion	Hamilton  concurs and dissents
12-2383	Riley J. Wilson v.   Career Education Corporation	civil	08/30/2013	Final  Opinion	PerCuriam
12-2383	Riley J. Wilson v.   Career Education Corporation	civil	08/30/2013	Final  Opinion	Wood  concurs and dissents
12-3596	USA v.   Farshad Ghiassi	criminal	08/30/2013	Final  Opinion	Rovner
13-1256	USA v.   Darius Howard	criminal	08/30/2013	Final  Opinion	Hamilton
12-3041	Sharon Laskin v.   Veronica Siegel	civil	08/29/2013	Final  Opinion	Bauer
12-3099	Gilbert Aponte v.   City of Chicago	civil	08/29/2013	Final  Opinion	Tinder
12-3153	Sharon Laskin v.   Veronica Siegel	civil	08/29/2013	Final  Opinion	Bauer
12-3299	USA v.   Norma Leonard-Allen	criminal	08/29/2013	Rehearing Denial Order  Correcting Opinion	PerCuriam
12-3663	USA v.   Walter Stern , III	criminal	08/29/2013	Rehearing Denial Order  Correcting Opinion	PerCuriam
12-3671	Toby T. Watson v.   Jennifer King-Vassel	civil	08/28/2013	Final  Opinion	Kanne
12-3858	Yohan Salim v.   Eric Holder, Jr.	agency	08/28/2013	Final  Opinion	Williams
12-1632	USA v.   Chad Iacona	criminal	08/27/2013	Final  Opinion	Rovner
12-1930	USA v.   Lazaro Medina	criminal	08/27/2013	Final  Opinion	Darrow
12-2738	Sara Bridewell v.   Kevin Eberle	civil	08/27/2013	Final  Opinion	Easterbrook
12-2738	Sara Bridewell v.   Kevin Eberle	civil	08/27/2013	Final  Opinion	Wood  concurs

Eighth Circuit:

121720P.pdf   08/30/2013  American River Transportation  v.  United States, Corp of Eng
   U.S. Court of Appeals Case No:  12-1720
   U.S. District Court for the Eastern District of Missouri - St. Louis    
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Melloy, Circuit 
   Judge] 
   Civil case - Admiralty. Because the United States chose to appear in the 
   limitation action to contest the complaint filed by American River 
   Transportation, it was required to show that it had the requisite standing 
   to do so; here, the government did not have statutory standing because it 
   failed to file a claim in accordance with Federal Rule of Civil Procedure 
   Supplemental Rule F(5), which creates statutory standing requirements for 
   challenging limitations actions; therefore, because the government was 
   without standing, the district court erred by entertaining the 
   government's motion to dismiss the limitation complaint, and the order 
   dismissing the complaint is reversed. Chief Judge Riley, dissenting. 
  
123090P.pdf   08/30/2013  ABF Freight System  v.  IBT
   U.S. Court of Appeals Case No:  12-3090
   U.S. District Court for the Western District of Arkansas - Ft. Smith    
   [PUBLISHED] [Benton, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judges] 
   Civil case - Labor law. For the court's prior opinion in the matter, see 
   ABF Freight Systems, Inc. v. Int'l Bhd. of Teamsters, 645 F.3d 954 (8th 
   Cir. 2011). The district court did not err in denying ABF's request to 
   appoint a disinterested tribunal to hear its grievance as the rules of the 
   National Grievance Committee provide a solution for the conflict ABF 
   alleges precludes the Committee from hearing the grievance and any action 
   for modifying the rules on this question is an issue for the Committee; 
   the district court correctly determined that it could not rule directly on 
   ABF's claim that the National Master Freight Agreement had been violated 
   based on ABF's argument that the grievance resolution process was not 
   available or futile; nor did defendants waive the grievance procedure and 
   elect to pursue the matter in court as their initial motions to dismiss 
   did not substantially invoke the litigation machinery. 
  
123161P.pdf   08/30/2013  Cynthia Roers  v.  Countrywide Home Loans, Inc.
   U.S. Court of Appeals Case No:  12-3161
                          and No:  12-3252
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Bye, Author, with Loken and Beam, Circuit Judges] 
   Civil case - Mortgages. The district court erred in granting the defendant 
   lender summary judgment on plaintiffs' claim for rescission of the three 
   mortgage agreements involving Cynthia Roers' nonmarital property as there 
   were genuine questions of fact as to whether there was a mutual mistake of 
   material fact concerning the property covered by the mortgages and whether 
   the mistake adversely affected the plaintiffs; the court did not err in 
   finding for defendants on plaintiffs' claims for negligent 
   misrepresentation and breach of fiduciary duty. 
  
123565P.pdf   08/30/2013  Cindy Adair  v.  ConAgra Foods
   U.S. Court of Appeals Case No:  12-3565
   U.S. District Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil case - Fair Labor Standards Act. The time plaintiffs spent donning 
   and doffing uniforms was excluded by agreement from the hours for which 
   they are employed, and since that time is not a covered part of the 
   workday, it follows that time spent walking between the clothes-changing 
   station and the time clock is not a part of the workday and workweek for 
   which the employer is liable to pay overtime compensation. 
  
[ August 29, 2013 ]


121752P.pdf   08/29/2013  Land O'Lakes, Inc.  v.  Employers Insurance Company
   U.S. Court of Appeals Case No:  12-1752
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Smith, Author, with Melloy and Benton, Circuit Judges] 
   Civil case - Insurance. District court did not err in concluding that a 
   letter the EPA sent the insured in 2011 informing it that the EPA 
   considered it a Potentially Responsible Party in connection with an 
   environmental cleanup constituted a suit for purposes of determining 
   whether the insured's breach of contract action against the insurer was 
   barred by the applicable statute of limitations; the insured's costs to 
   remediate the site fall within the "owned-property" exclusion in the 
   policy at issue. 
  
  
136037P.pdf   08/29/2013  Legendary Stone Arts, LLC  v.  Wendell Maness
   U.S. Court of Appeals Case No:  13-6037
   U.S. Bankruptcy Court for the Western District of Missouri - Kansas City    
   [PUBLISHED] [Saladino, Author, with Kressel and Shodeen, Bankruptcy 
   Judges] 
   Bankruptcy Appellate Panel. Legendary met its burden of showing that its 
   contacts with police and prosecutors were not an attempt to collect a debt 
   from the debtor in violation of the automatic stay; this shifted the 
   burden of proof to debtors to show that it was, and they failed to present 
   sufficient evidence to show that Legendary's intent in pursuing their 
   criminal prosecution was to collect a debt. 
  
[ August 28, 2013 ]


122984P.pdf   08/28/2013  United States ex rel. Newell  v.  City of St. Paul
   U.S. Court of Appeals Case No:  12-2984
                          and No:  12-3894
   U.S. District Court for the District of Minnesota - Minneapolis    
   [PUBLISHED] [Loken, Author, with Bright and Bye, Circuit Judges] 
   Civil case - False Claims Act. In action alleging the City of St. Paul 
   obtained grants from the U.S. Department of Housing and Urban Development 
   by falsely certifying compliance with Section 3 of the Housing and Urban 
   Development Act of 1968, the district court did not err in dismissing the 
   action for lack of subject matter jurisdiction as plaintiff was not the 
   original source of fraud allegations whiche were based on publicly 
   disclosed information; district court did not abuse its discretion by 
   denying plaintiff's Rule 60(b) motion. 
  
123250P.pdf   08/28/2013  Ebony Jackman  v.  Fifth Judicial District
   U.S. Court of Appeals Case No:  12-3250
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Beam, Author, with Murphy and Bye, Circuit Judges] 
   Civil case - Employment discrimination. Plaintiff did not establish a 
   prima facie case of sex and race discrimination because she cannot show, 
   as a matter of law, that she suffered an adverse employment action when 
   she did not suffer termination, a cut in pay or benefits or changed job 
   duties or responsibilities; on plaintiff's claim of hostile work 
   environment, the conduct plaintiff complained of did not affect a term, 
   condition or privilege of employment and was not so severe or pervasive as 
   to constitute actionable discrimination. 
  
123436P.pdf   08/28/2013  United States  v.  Gene Jirak
   U.S. Court of Appeals Case No:  12-3436
   U.S. District Court for the Northern District of Iowa, Waterloo    
   [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's convictions for making a false claim, uttering a 
   forged treasury check, mail fraud and aggravated identity theft; even 
   assuming, without holding, that reliance on an expert tax preparer is a 
   valid defense to crimes charged under 18 U.S.C. Sec. 287, defendant was 
   not entitled to introduce such evidence because the advice he relied was 
   not from an expert tax preparer, attorney or accountant; district court 
   did not abuse its discretion in denying multiple pro se motions for 
   continuance; there was a discrepancy between the oral pronouncement 
   concerning family contact and the written special conditions of supervised 
   release contained in the judgment, and the matter is remanded so that the 
   district court can conform the written sentence to its oral pronouncement. 
  
123734P.pdf   08/28/2013  Charles Inechien  v.  Nichols Aluminum, LLC
   U.S. Court of Appeals Case No:  12-3734
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] Kelly, Author, with Riley, Chief Judge, and Melloy, Circuit 
   Judge] 
   Civil case - Labor Law. The Union had reasons to believe that arbitration 
   of an issue regarding scheduled rest breaks would not be successful, and 
   its decision not to pursue a grievance was not arbitrary or a breach of 
   its duty of fair representation; since summary judgment in favor of the 
   Union was properly granted, summary judgment in favor of the employer was 
   also proper. 
  
[ August 27, 2013 ]


122821P.pdf   08/27/2013  United States  v.  James Miller
   U.S. Court of Appeals Case No:  12-2821
   U.S. District Court for the Southern District of Iowa - Davenport    
   [PUBLISHED] [Phillips, Author, with Loken and Gruender, Circuit Judges] 
   Criminal case - Criminal law. The district court did not err by not 
   conducting a third Faretta inquiry, as the district court had rigorously 
   complied with Faretta's requirements at the first two inquiries and 
   defendant's statements during closing argument did not show changed 
   circumstances necessitating another hearing; evidence was sufficient to 
   support defendant's convictions for making false claims against the United 
   States. 
  
123080P.pdf   08/27/2013  United States  v.  Donald Washburn
   U.S. Court of Appeals Case No:  12-3080
   U.S. District Court for the Northern District of Iowa - Cedar Rapids    
   [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err under Rule 410 in admitting defendant's plea agreement stipulation of 
   facts as the plea agreement specifically stated the stipulation could be 
   admitted if defendant violated the plea agreement and this was a knowing 
   and voluntary waiver of his rights; nor did the court err under Rule 403, 
   as defendant failed to show how he was prejudiced by admission of the 
   stipulation and never requested any limiting instruction or made any 
   objection to the instructions relevant to this claim; no error in denying 
   defendant's motion to sever the financial counts from charges related to 
   making false statements to the Probation Office; defendant failed to 
   demonstrate that his trial counsel had a conflict of interest; court would 
   not consider the claim as an ineffective assistance of counsel claim as it 
   was not fully developed enough to permit review; district court did not 
   err in finding defendant voluntarily absented himself from court on the 
   day of closing arguments and did not err in continuing the trial without 
   him. 
  
123468P.pdf   08/27/2013  United States  v.  Violeta Hinojosa
   U.S. Court of Appeals Case No:  12-3468
   U.S. District Court for the District of Nebraska - Omaha    
   [PUBLISHED] [Beam, Author, with Shepherd and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Evidence was sufficient to 
   support defendant's conviction for conspiracy to distribute 
   methamphetamine and distribution of the drug; district court did not err 
   in denying defendant safety-valve sentencing based on its finding 
   defendant did not provide complete and truthful information during her 
   post-verdict interviews with the government. 
  
123415P.pdf   09/03/2013  United States  v.  Jeremy Dionne Norvell
   U.S. Court of Appeals Case No:  12-3415
   U.S. District Court for the District of Minnesota - St. Paul    
   [PUBLISHED] [Bye, Author, with Loken and Bright, Circuit Judges] 
   Criminal case - Criminal case. Defendant was told that assignment to a 
   particular program was not guaranteed, and his alleged misunderstanding 
   about the program was not grounds for withdrawing his guilty plea; there 
   was a factual basis for the plea; no other factors justified withdrawal of 
   the plea, and the district court did not err in denying the motion to 
   withdraw the plea; claim of ineffective assistance of counsel was properly 
   denied. Judge Bright, dissenting on the ground that the fact that court 
   might reject defendant's assignment to the program was not fully explained 
   to him. 
  
123886P.pdf   09/03/2013  Thomas Horras  v.  American Capital Strategies
   U.S. Court of Appeals Case No:  12-3886
   U.S. District Court for the Southern District of Iowa - Des Moines    
   [PUBLISHED] [Gruender, Author, with Colloton and Benton, Circuit Judges] 
   Civil case - Contracts. District court did not err in finding that 
   plaintiff failed to plead sufficient facts to state a claim that defendant 
   breached its fiduciary duties as majority shareholder; nor did plaintiff 
   state a claim for breach of contract, and the district court did not err 
   in dismissing the action; the district court did not abuse its 
   considerable discretion by denying plaintiff's post-judgment motion for 
   leave to amend his complaint. Judge Colloton, concurring in the judgment 
   in part and dissenting in part. 
  
  Ninth Circuit:


LYNNE WANG V. CHINESE DAILY NEWS, INC.
08-55483
Los Angeles District Court
Civil
oop
09/03/2013
DETRICH V. RYAN
08-99001
Tucson District Court
Prisoner Death Penalty
eb
09/03/2013
STACIE SOMERS V. APPLE, INC.
11-16896
San Jose District Court
Civil
09/03/2013
DRAKES BAY OYSTER COMPANY V. SALLY JEWELL
13-15227
Oakland District Court
Civil
09/03/2013
NORTHWEST ENV. DEF. V. BROWN
07-35266
Portland District Court
Civil
o
08/30/2013
USA V. YOAHJAN FLORES
11-50536
San Diego District Court
Criminal
08/30/2013
DANDINO, INC. V. USDOT
11-72113
Dept Transp, NTSB
Agency
08/30/2013
ANDERSON BROTHERS, INC. V. ST. PAUL FIRE AND MARINE INSUR
12-35346
Portland District Court
Civil
08/30/2013
ASSOC DES ELEVEURS DE CANARDS V. KAMALA HARRIS
12-56822
Los Angeles District Court
Civil
08/30/2013
VIJAY KUMAR V. ERIC H. HOLDER JR.
08-72119
Board of Immigration Appeals
Agency
08/29/2013
JAMES CAVITT V. VINCE CULLEN
10-16988
San Jose District Court
Habeas
08/29/2013
USA V. CLINTON THOMPSON, III
10-50381
Los Angeles District Court
Criminal
08/29/2013
MARK WYNAR V. DOUGLAS COUNTY SCHOOL DISTRICT
11-17127
Reno District Court
Civil
08/29/2013
USA V. HARRY HUMPHRIES
11-50383
Los Angeles District Court
Criminal
08/29/2013
APPLICATION FOR EXEMPTION V.
12-16373
San Francisco District Court
Civil
08/29/2013
DAVID PICKUP V. EDMUND BROWN, JR.
12-17681
Sacramento District Court
Civil
08/29/2013
ANA FLORES V. ROD DANIELSON
11-55452
Riverside Bankruptcy Court
Bankruptcy
08/29/2013
USA V. GARY ERMOIAN
11-10124
Fresno District Court
Criminal
oa
08/28/2013
E. K. V. STATE OF HAWAII DEPARTMENT OF
12-16063
Honolulu District Court
Civil
08/28/2013
USA V. MARCEL KING
11-10182
San Francisco District Court
Criminal
08/27/2013
USA V. JOSEPH EVANS, SR.
11-30367
Spokane District Court
Criminal
08/27/2013
USA V. SHAWN SWOR
12-30250
Missoula District Court
Criminal
08/27/2013
ROBERT RODRIGUEZ V. AT&T MOBILITY SERVICES LLC
13-56149
Los Angeles District Court
Civil
08/27/2013
OLAKUNLE OSHODI V. ERIC H. HOLDER JR.
08-71478
Board of Immigration Appeals
Agency
08/27/2013



Tenth Circuit:

(Apparently, can't search archives by published/unpublished.)

Eleventh Circuit:


Jacqueline Weatherly, et al v. Alabama State University
12-13414
2:10-cv-00192-WHA-TFM
09-03-2013
NEW
view

Luis A. Torrens, et al v. John William Hood, Jr.
12-15925
0:12-cv-61612-KMW, 12-14092-BKC-JKO
08-29-2013
NEW
view

Temple B'Nai Zion, Inc. v. City of Sunny Isles Beach, Florida
12-12984
1:10-cv-24549-KMW
08-29-2013
NEW
view

Hills McGee v. Solicitor General of Richmond County, Georgia, et al.
11-14075
1:10-cv-00025-JRH-WLB
08-28-2013
NEW
view

Richard S. Lehman, et al v. Margarita Arias Piza, et al
12-14126
1:11-cv-23479-RNS
08-28-2013
NEW
view

Torrey Twane McNabb v. Commissioner Alabama Department of Corrections
12-13535
2:08-cv-00683-MEF-SRW
08-28-2013
NEW
view

USA v. Dennis Calvin Bush, Jr.
12-12624
5:11-cr-00031-RS-1
08-27-2013
NEW
view



Federal Circuit:


2013-09-03
13-1002
DCT
BAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC [OPINION]
Precedential
2013-09-03
13-1002
DCT
BAYER CROPSCIENCE AG v. DOW AGROSCIENCES LLC [ERRATA]
Precedential
2013-08-30
12-1583
DCT
TRADING TECHNOLOGIES INTL v. OPEN E CRY, LLC [OPINION]
Precedential
2013-08-29
12-1422
DCT
AEVOE CORP. v. AE TECH CO., LTD. [OPINION]
Precedential
2013-08-28
10-5089
CFC
CARSON v. HHS [OPINION]




DC Circuit:


11-5282Judicial Watch v. U.S. Secret Service

 08/30/2013