Next update will be Wednesday, 3/4.
MB
Recent Precedential Slip Opinions from the U.S. Circuit Courts of Appeals.
Tuesday, March 03, 2015
Monday, March 02, 2015
Monday - Links only
First:
Brito v. Holder, Jr.
Arias Minaya v. Holder
Flood v. Bank of America Corporation
In Re: Tsarnaev
Second:
Santiago-Monteverde v. Pereira
United States v. Raymonda
Sixth:
Richard Wesley v. Alison Campbell
Seventh:
Mir Iqbal v. Tejaskumar Patel
Christopher Gyorgy v. CIR
Eighth:
Brito v. Holder, Jr.
Arias Minaya v. Holder
Flood v. Bank of America Corporation
In Re: Tsarnaev
Second:
Santiago-Monteverde v. Pereira
United States v. Raymonda
Sixth:
Richard Wesley v. Alison Campbell
Seventh:
Mir Iqbal v. Tejaskumar Patel
Christopher Gyorgy v. CIR
Eighth:
ISCLAIMER: The following unofficial case summaries are prepared by the clerk's office as a courtesy to the reader. They are not part of the opinion of the court.133388P.pdf 03/02/2015 R.J. Zayed v. Associated Bank, N.A. U.S. Court of Appeals Case No: 13-3388 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Riley, Author, with Wollman and Bye, Circuit Judges] Civil case - Fraud. In action by receiver against a bank used by the creators of a Ponzi scheme in which the receiver alleged claims for aiding and abetting fraud, breach of fiduciary duty, conversion and false representations and omissions, the complaint sufficiently alleged the actual knowledge aiding and abetting element and substantial assistance in the Ponzi scheme, and the district court erred in dismissing the complaint for failure to state a claim; remanded for further proceedings.133411P.pdf 03/02/2015 North Central Rental & Leasing v. United States U.S. Court of Appeals Case No: 13-3411 U.S. District Court for the District of North Dakota - Fargo [PUBLISHED] Smith, Author, with Murphy and Gruender, Circuit Judges] Civil case - Federal Tax. The district court did not err in finding that the financial transactions at issue were not entitled to nonrecognition treatment under 26 U.S.C. Sec. 1031 and were structured to avoid the purpose of Section 1031(f).142016P.pdf 03/02/2015 The Midwestern Indemnity Co. v. Malissa Brooks U.S. Court of Appeals Case No: 14-2016 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Riley, Author, with Colloton and Kelly, Circuit Judges] Civil case - Insurance. The insurance policy in question clearly forbids stacking of underinsured motorist coverage, and the district court did not err in granting the insurer's motion for summary judgment.Ninth:
HENRY WEILAND V. AMERICAN AIRLINES, INC. C. W. V. CAPISTRANO USD USA V. JUAN MENDEZ-SOSA Tenth:Rodas-Orellana v. HolderEleventh:Federal Circuit:
Kelly Renee Gissendaner v. Commissioner, Georgia Department of Corrections, et al Patricia L. Clements v. LSI, et al Putu Indrawati v. U.S. Attorney General Rodolfo Hernandez v. USA
PATO COUTURE v. PLAYDOM, INC. [OPINION] DCT WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC. [OPINION]
Friday, February 27, 2015
This one goes to eleven
Running late - links only for the nonce:
Tenth
Goudeau v. Dowling
Conkleton v. Raemisch
Eleventh:
Tenth
Goudeau v. Dowling
Conkleton v. Raemisch
Eleventh:
| Paul Glen Everett v. Secretary, Florida Department of Corrections | 14-11857 | 5:11-cv-00081-RS | NEW | 02-27-2015 |
| Pruco Life Insurance Company v. Gary A. Richardson, et al. | 13-15859 | 1:12-cv-24441-FAM | CON | 02-27-2015 |
| Pruco Life Insurance Company v. Wells Fargo Bank, N.A. | 13-12135 | 9:10-cv-80804-JIC | CER | 02-27-2015 |
| Severin Hegel, et al v. The First Liberty Insurance Corporation | 14-10549 | 8:12-cv-01161-EAK-MAP | NEW | 02-27-2015 |
Eighth Circuit: Hamid Yazdianpour v. Safeblood Technologies, Inc.
Any party to a breached contract has standing.
A reasonable finder of fact could hold that PL had no duty to investigate the status of a foreign patent, given explicit assurances of Deft.
Failure to deliver patent diminished the value of the agreement, didn't cancel distributorship.
Non-renewal of JMOL bars sufficient evidence claims.
Prejudgment interest excessively speculative.
A reasonable finder of fact could hold that PL had no duty to investigate the status of a foreign patent, given explicit assurances of Deft.
Failure to deliver patent diminished the value of the agreement, didn't cancel distributorship.
Non-renewal of JMOL bars sufficient evidence claims.
Prejudgment interest excessively speculative.
Hamid Yazdianpour v. Safeblood Technologies, Inc.
Labels:
Contract Interpretation,
FRCP,
Intellectual Property
Fifth Circuit: USA v. Armelinda Castillo
Where the deft has a good-faith dispute as to the factual findings in a PSR, it is impermissible for the govt to therefore decline to move for an ":acceptance of responsibility" sentence reduction.
USA v. Armelinda Castillo
USA v. Armelinda Castillo
Second Circuit: Sleepy’s v. Select Comfort
Contract claims -- "first quality" goods breach claim not proven, as goods were not inferior to other goods of same manufacturer.
Contractual termination is distinct from contractual expiration.
When PL elicits defamatory statements, the PL consents to the defamation to the degree that it expected the statements to be defamatory.
Statements as to business practices of the company were statements of fact, not opinion, for purposes of New York defamation law.
Sleepy’s v. Select Comfort
Contractual termination is distinct from contractual expiration.
When PL elicits defamatory statements, the PL consents to the defamation to the degree that it expected the statements to be defamatory.
Statements as to business practices of the company were statements of fact, not opinion, for purposes of New York defamation law.
Sleepy’s v. Select Comfort
Thursday, February 26, 2015
Federal Circuit: GILEAD SCIENCES, INC. v. LEE
Deference to agency finding that a statute prohibits both litigation delays that actually delay the prosecution of the patent and those that merely intended to do so.
GILEAD SCIENCES, INC. v. LEE
GILEAD SCIENCES, INC. v. LEE
Federal Circuit: MINISTERIO ROCA SOLIDA v. US
Pending suit in District Court bars jurisdiction over second claim in Court of Federal Claims, despite potential hardship of non-overlapping remedies.
Concurrence: Yep, but Tucker Act 10K cap on Takings compensation might under other circumstances present a legit claim to a second action in Federal Claims.
MINISTERIO ROCA SOLIDA v. US
Concurrence: Yep, but Tucker Act 10K cap on Takings compensation might under other circumstances present a legit claim to a second action in Federal Claims.
MINISTERIO ROCA SOLIDA v. US
Eighth Circuit: United States v. Reginald Cole
ACCA predicates --- Sentencing court did not need specific finding of fact in the record that the three gun-related occurrences happened on three separate days.
United States v. Reginald Cole
Seventh Circuit: Michael Underwood v. City of Chicago
Imprudent for Federal Court to resolve disputed state question of pension law. Contracts Clause does not operate to give independent jurisdiction, as the deft is not the state, but the municipality. Takings claim not yet ripe.
Michael Underwood v. City of Chicago
Michael Underwood v. City of Chicago
Seventh Circuit: Betty Ruth Nelson v. Peggy Holinga-Katona
Not filing eitehr JMOL motion at close of trial or 50(b) motion after verdict means that verdict can't be challenged for sufficiency of evidence.
Betty Ruth Nelson v. Peggy Holinga-Katona
Betty Ruth Nelson v. Peggy Holinga-Katona
Sixth Circuit: Kishna Brown v. Bradley Lewis
S1983 - Qualified immunity, unlawful arrest.
Appeals court has jurisdiction, despite remaining differences on questions of fact.
Sufficient grounds for stop, but irregularities in the Terry stop sufficient to deny Qualified Immunity.
State statute is subjective test, not objective, and given that the officers acted under misinformation, but violence of arrest still presents a claim.
Kishna Brown v. Bradley Lewis
Appeals court has jurisdiction, despite remaining differences on questions of fact.
Sufficient grounds for stop, but irregularities in the Terry stop sufficient to deny Qualified Immunity.
State statute is subjective test, not objective, and given that the officers acted under misinformation, but violence of arrest still presents a claim.
Kishna Brown v. Bradley Lewis
Fifth Circuit: Michael Toney v. Rissie Owens, et al
No liberty interest under the Federal Constitution is imperiled where a prison, for internal purposes only, designates a prisoner as a sex offender.
Michael Toney v. Rissie Owens, et al
Michael Toney v. Rissie Owens, et al
Fourth Circuit: Almaz Nezirovic v. Gerald Holt
Extradition to Serbia not barred by Statute of Limitations, as comparator Federal statute has no SOL.
Given that alleged victims were civilians, totality of circumstances means that the political offenses exception in the treaty doesn't apply.
Almaz Nezirovic v. Gerald Holt
Given that alleged victims were civilians, totality of circumstances means that the political offenses exception in the treaty doesn't apply.
Almaz Nezirovic v. Gerald Holt
Second Circuit: Flores v. Holder
Immigration --
Agency abuse of discretion in not granting continuance given prima facie validity of underlying application.
Agency erred in modified categorical evaluation of statute -- illicit sexual contact is not abuse per se.
No error in holding that the crimes were sufficiently serious to bar withholding of removal without considering danger of Petitioner to community.
Flores v. Holder
Agency abuse of discretion in not granting continuance given prima facie validity of underlying application.
Agency erred in modified categorical evaluation of statute -- illicit sexual contact is not abuse per se.
No error in holding that the crimes were sufficiently serious to bar withholding of removal without considering danger of Petitioner to community.
Flores v. Holder
Second Circuit: United States of America v. Ortiz
Resentencing after revocation of parole s according to the law in force during the initial sentencing. Subsequent changes in the classification of the offense do not automatically retroactively apply.
United States of America v. Ortiz
United States of America v. Ortiz
Second Circuit: Newton v. City of New York
Liberty interest under New York law in exoneration from wrongful conviction.
14th Amendment can be basis of challenge to municipal actions that endanger the otherwise viable right.
No duty on the state to preserve the evidence, but there is an obligation to account for the evidence on hand.
Newton v. City of New York
14th Amendment can be basis of challenge to municipal actions that endanger the otherwise viable right.
No duty on the state to preserve the evidence, but there is an obligation to account for the evidence on hand.
Newton v. City of New York
Second Circuit: Bricklayers v. Moulton Masonry
Failing to answer for nine months justifies a default judgement, no matter that deft expected settlement.
Pleading recited in complaint survives to establish predicate for verdict, given that it went unchallenged.
District court needs more reasoning for fee shifting, award of prejudgment interest.
Bricklayers v. Moulton Masonry
Pleading recited in complaint survives to establish predicate for verdict, given that it went unchallenged.
District court needs more reasoning for fee shifting, award of prejudgment interest.
Bricklayers v. Moulton Masonry
Second Circuit: Matthews v. City of New York
Free speech , police officer speaking matters of public concern.
Where duties do not include formulating, implementing, or providing feedback on policies, and a civilian channel of communication is used, the officer speaks as a private citizen, and the speech is protected.
Matthews v. City of New York
Where duties do not include formulating, implementing, or providing feedback on policies, and a civilian channel of communication is used, the officer speaks as a private citizen, and the speech is protected.
Matthews v. City of New York
First Circuit: Fire and Police Pension Assoc v. Abiomed, Inc.
Wednesday, February 25, 2015
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.
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.
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
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
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
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
Labels:
Conflict of laws,
Contract Interpretation,
Standing
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
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
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.
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.
Carol Leitner v. Westchester Community College, et al.
Tuesday, February 24, 2015
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
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.
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.
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
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
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 & 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
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
Monday, February 23, 2015
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
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.)
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.
Thursday, September 19, 2013
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
MB
Tuesday, September 03, 2013
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:
Second Circuit:
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:
Sixth Circuit:
Seventh Circuit:
Eighth Circuit:
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:
| Seybout v. Holder | 09-03-2013 | SUM |
| Musco Propane, LLP v. Town of Wolcott Planning and Zoning Comm’n, et al. | 09-03-2013 | SUM |
| Shalamberidze v. Holder | 09-03-2013 | SUM |
| Basile v. Connolly | 09-03-2013 | SUM |
| Lin v. Holder | 09-03-2013 | SUM |
| United States v. Escalera | 09-03-2013 | SUM |
| Shibeshi v. City Univ. of N.Y. | 09-03-2013 | SUM |
| Bender v. Lowe | 09-03-2013 | SUM |
| Leslie v. Holder | 08-30-2013 | SUM |
| Lin v. Holder | 08-30-2013 | SUM |
| Mitchell v. Con Edison | 08-30-2013 | SUM |
| Padilla v. Holder | 08-30-2013 | SUM |
| Diallo v. Holder | 08-30-2013 | SUM |
| Lin v. Holder | 08-30-2013 | SUM |
| Du v. Holder | 08-30-2013 | SUM |
| Ilunga v. Holder | 08-30-2013 | SUM |
| Merrill Lynch Capital Services, Inc. v. UISA Finance, USINAS Itamarati S.A. | 08-30-2013 | SUM |
| United States v. Morin | 08-30-2013 | SUM |
| Shibeshi v. City Univ. of N.Y. | 08-29-2013 | SUM |
| 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:
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 Service08/30/2013
Subscribe to:
Posts (Atom)
Topics (DO NOT RELY ON THIS)
Sentencing
(334)
FRCP
(298)
Administrative Law
(230)
Crim
(219)
FRE
(141)
Immigration
(141)
Fourth Amendment
(129)
S1983
(128)
Discrimination
(117)
Contract Interpretation
(113)
Habeas
(113)
Labor/Employment
(91)
Intellectual Property
(89)
Bankruptcy
(86)
Prisoner Litigation
(80)
Ineffective Assistance
(67)
Free Speech
(62)
Jury Instructions
(60)
AEDPA
(59)
Class Actions
(53)
Legal Ethics
(52)
Standing
(51)
Errata
(49)
Sufficient Evidence
(49)
ERISA
(46)
Tax
(46)
Torts - General
(45)
Securities
(43)
FRCrimP
(41)
Arbitration
(39)
Circuit Split
(39)
Conflict of laws
(38)
Statute of Limitations
(35)
Fees
(34)
Poz
(32)
Due Process claims
(31)
Conspiracy
(30)
Miranda
(28)
Announcements
(27)
Preemption
(27)
International Law
(26)
Sovereign Immunity
(26)
Religion
(24)
Communications /Computers
(21)
Jury Selection
(19)
ACCA
(18)
Environmental
(18)
Equal Protection
(18)
Guns
(18)
Short Form
(18)
Antitrust
(15)
General/Specific Jurisdiction
(15)
Speedy Trial
(15)
Commerce Clause
(14)
Brady
(13)
Souter
(12)
Double Jeopardy
(11)
SSA
(11)
Tribe Law
(11)
Cruel and Unusual Punishment
(10)
Mootness
(10)
Takings
(10)
White Collar
(10)
Election Law
(9)
Collateral Estoppel
(7)
ADA
(5)
Abstention
(5)
IDEA
(5)
Koz
(5)
Military
(4)
RICO
(4)
FCRA
(3)
Res Judicata
(3)
Board Law
(2)
Excessive Force
(2)
Obstruction
(2)
Patent
(2)
The Fifth
(2)
UCC
(2)
Abortion
(1)
Bail
(1)
Cert
(1)
DNA
(1)
FDCPA
(1)
Public Trial
(1)
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.
Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.
Author's SSRN page here.