Second Circuit:
FISA - attachment of funds in a Soveregn's central bank.
Because BCRA’s sovereign immunity over the FRBNY Funds has not been waived and the
FRBNY Funds are property of BCRA held for its own account under 28 U.S.C. § 1611(b)(1), we
hold that the FRBNY Funds are immune from attachment and restraint.
hold that the FRBNY Funds are immune from attachment and restraint.
First Circuit:
Lodestar award of fees by District Court affirmed.
. . . they have not shown (indeed, they have made no effort to show) that the rates requested were esurient. These failures are a testament to the fairness of the district court's tamisage.
(Souter) Automobile manufacturer not necessarily bound by franchise agreement when the end of the business is in sight.
Third Circuit:
Extra time for appeal under statutory jurisdiction grant from the Court of the Virgin Islands is not to be granted. Except for this time.
Fourth Circuit:
Sentencing Guidelines - deft. guilty plea can compel reduction under 3E1.1(b) without govt discretion.
Accordingly, under § 3E1.1(b) the Government retains discretion to refuse to move for an additional one-level reduction, but only on the basis of an interest recognized by the guideline itself—not, as with § 5K1.1, on the basis of any conceivable legitimate interest.
Abuse of trust enhancement applies to someone who poses as a bail bondsman. Contender for schmuck of the year.
Seventh Circuit:
Deputy liquor commissioner can be "high" office for sentencing guidelines purposes.
Schreiber Foods, Inc v. Lei Wang
After selling faulty ingredient for infant formula to a Chinese company who then refused delivery, the vendor files suit against a middleman for false representation. Posner, J.: "O no you di'int."
After selling faulty ingredient for infant formula to a Chinese company who then refused delivery, the vendor files suit against a middleman for false representation. Posner, J.: "O no you di'int."
(Economic loss doctrine bars recovery in tort under Wisc. law.)
Roberthenry Davis, S v. Time WarnerSection 1981 & Title VII claims' dismissal on summary judgment upheld, given questionable transaction engaged in by employee.
Acquitted conduct can constitutionally be considered in sentencing. (For the non-acquitted parts, natch.)
Eighth Circuit, as described by the Clerk:
101440P.pdf 07/05/2011 Jeanette Jackson v. United Parcel Service U.S. Court of Appeals Case No: 10-1440 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Shepherd, Author, with Bright and Gruender, Circuit Judges] Civil case - Employment discrimination. Plaintiff was not a viable candidate for promotion in 2004 and was not similarly situated to candidates who were considered; as a result, she failed to make a prima facie case of race or sex discrimination with respect to the promotions of the other candidates; the continuing violation doctrine does not apply to failure-to-promote claims, which arise from discrete employment actions; plaintiff failed to make a prima facie case of retaliation; district court did not abuse its discretion by striking plaintiff's statement of disputed facts for failure to comply with local court rules. 101743P.pdf 07/05/2011 Warner Bros. Entertainment v. X One X Productions U.S. Court of Appeals Case No: 10-1743 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Gruender, Author, with Benton and Shepherd, Circuit Judges] Civil case - Copyrights. Given the undisputed evidence regarding distribution of publicity materials for the Wizard of Oz and Gone with the Wind, as well as the Tom & Jerry cartoons at issue in the case, these publicity materials are in the public domain; Dorothy, Tin Man, Cowardly Lion and Scarecrow from the Wizard of Oz, Scarlett O'Hara and Rhett Butler from Gone with the Wind, and Tom and Jerry each exhibit consistent, identifiable traits in the films that are sufficiently distinctive to merit character protection under the respective film copyrights; at the very least, the scope of the film copyright covers all visual depictions of the characters, except for any aspects of the characters that were injected into the public domain by the publicity materials; the Tom and Jerry publicity materials were generic and their visual depictions and characteristics derive from works still covered by the statutory copyright; as a result, their underlying characters are not in the public domain until the copyrights on the cartoons expire; the publicity photos and materials for Gone with the Wind are no more than pictures of the actors in costume and the only images in the public domain are the precise images in the publicity materials; the characters' visual appearances in the publicity materials for The Wizard of Oz do not present the requisite consistency to establish any copyrightable elements of the film's character's visual appearances and the only images in the public domain are the precise images in the publicity materials; therefore, any visual depiction in defendant's consumer materials that is a recognizable copyrighted character from Gone with the Wind or Wizard of Oz, other than a faithful copy of the public domain image, has copied original elements from the film; plaintiff's products that reproduce one image from an item of publicity material as an identical two-dimensional image do not violate plaintiff's copyright and, the portion of the district court's permanent injunction prohibiting such depictions is vacated; products containing composites of protected and public domain images do infringe plaintiff's copyright and were properly enjoined; creation of three-dimensional items from the publicity items relies on protected images and other information from the films, and such items were properly enjoined; injunction concerning Tom & Jerry materials is modified to permit production and sale of two-dimensional items based on the first, generic depictions in the poster for the film Puss Gets the Boot. 101981P.pdf 07/05/2011 Lloyd Grass v. Robert Reitz U.S. Court of Appeals Case No: 10-1981 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED][Gruender, Author, with Bye and Colloton, Circuit Judges] Prisoner case - habeas. District court erred in finding prisoner had not exhausted his state remedies and the matter is reversed and remanded for further proceedings; prisoner pursued his Foucha due-process challenge to the denial of unconditional release through one complete round of the State's established appellate review process and thus exhausted the claim. Judge Colloton, concurring in the judgment. 102169P.pdf 07/05/2011 United States v. Jose Bonilla-Siciliano U.S. Court of Appeals Case No: 10-2169 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Colloton, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law. District court did not err in denying defendant's request to submit a defense of necessity as he failed to show that a real and specific threat to his safety existed; district court did not abuse its discretion in denying defendant's morning-of-trial motion for a continuance.
Ninth Circuit:
PLANES V. HOLDER
Immigration - (1) conviction is sufficiently final even if resentencing is not complete, and (2) absent legal
or Consitutional claim, federal courts cannot review final removal orders.
USA V. CALVIN EVANSTON
After an Allen charge, a District Court cannot inquire into the reasons for the deadlock and allow additional argument on those questions.
USA V. NAJEEB RAHMAN
Absent showing of ineffective assistance, appeal of deft's motion to withdraw his guilty plea barred by waiver of appeals in said plea agreement.
Tenth Circuit:
United States v. Thomas
Citing Sykes, held that running away might very well now be a violent crime in Kansas.
Salazar v. Butterball, LLC
Whether poultry processors' clothes-changing time should be on the clock.
We hold that, where a CBA is silent on the issue and there is no other agreement regarding donning and doffing pay, a custom or practice of non-compensation exists for § 203(o) purposes if there was an established practice of noncompensation prior to the execution of the CBA.