Eighth Circuit -- Sarah Illig v. Union Electric Company

 The statute of limitations for trespass accrues upon the first action that would give a reasonably diligent owner notification of the trespass.  

Company held easement for purpose X, purpose gradually changed to Y, gov't approved use for Y, X abandoned.  Claim accrues with publication of gov't decision.

Repeated intrusions are necessary for continuous trespass - continuing presence of electrical lines insufficient.

Sarah Illig v. Union Electric Company

Eighth Circuit -- Anantkumar Patel v. Eric H. Holder, Jr

 Strong presumption of effective service arises when immigration notifications are sent via certified mail.

Anantkumar Patel v. Eric H. Holder, Jr

Eighth Circuit -- United States v. James Van Elsen

 No error in excluding evidence that deft repaid embezzled retirement funds, as intent to permanently deprive is not an element of the crime.

United States v. James Van Elsen

Eighth Circuit -- Donovan New v. United States

 Counsel did not provide ineffective assistance.

Donovan New v. United States

Eighth Circuit -- Ali Bazzi v. Tyco Healthcare Group

Dismissed employee's subjective belief of wrongdoing is insufficient to trigger Missouri public policy exception to employment at will.

Ali Bazzi v. Tyco Healthcare Group

Seventh Circuit -- Gloria Rodas v. Swedishamerican

Where a case is removed for federal court under the Federal Officer statute, defects in the original state court jurisdiction do not become derivative jurisdictional impediments unless they are latent and persistent in the federal action.

Where the federal court could have asserted jurisdiction over the original claim, the removed claim is kosher.

Salaried physicians are covered by the Illinois Good Samaritan Act, despite the fact that no fees are accepted for services.


Gloria Rodas v. Swedishamerican

Sixth Circuit -- Golden Living Center-Frankfort v. Sec'y of HHS

Sufficient evidence to warrant administrative penalties for nursing home.


Golden Living Center-Frankfort v. Sec'y of HHS

Third Circuit -- Laura Symczyk v. Genesis Healthcare

Collective (class-ish) action under FLSA is not made moot by a settlement with putative representative prior to certification so long as at least one other person opts-in to the suit prior to certification.

Laura Symczyk v. Genesis Healthcare

Third Circuit -- Mitchell Partners LP v. Irex Corp

Under Pennsylvania law, minority shareholders seeking appraisal may also pursue a breach of fiduciary duty claim.

Dissent: Post-merger, appraisal is the only remedy available.

Mitchell Partners LP v. Irex Corp

First Circuit -- City Sanitation, LLC v. Allied Waste Services of MA

The right to sue in tort cannot be passed to a secured creditor as proceeds of original collateral.  

Not stating the issue in a first-tier bankruptcy appeal waives it for subsequent appeals.

Bankruptcy settlement was within discretion of court.


City Sanitation, LLC v. Allied Waste Services of MA

First Circuit -- Coffill v. Coffill

Summary judgment claiming defective powers of attorney to be scriveners error is inappropriate, as signatory alleges fraud, and therefore reformation (according to signatories' mindset) is problematic.

Coffill v. Coffill

First Circuit -- US v. Butler-Acevedo

 No abuse of discretion in sentencing court limiting its consideration of deft's history & characteristics to behaviour on supervised release.


Other misc sentencing issues.


US v. Butler-Acevedo

Tenth Circuit -- United States v. Hong

Padilla v. Kentucky is a new rule, but it doesn't apply retroactively to cases on collateral review.

Split with Third Circuit, which recently held it to be an old rule.


United States v. Hong

Tenth Circuit -- Sigala v. Bravo

No tolling for habeus petition where deft was informed of proceeding which could result in amended judgment and sentence, but didn't follow up to discover the new judgment and sentence.

Sigala v. Bravo

Tenth Circuit -- United States v. Acosta-Gallardo

Crim - conviction upheld against several challenges.

[Sorry, TMB running low on time.  In the mix: Brady violation, sufficient evidence, morphing indictment.]


United States v. Acosta-Gallardo

Tenth Circuit -- Miami Tribe of Oklahoma v. United States

No error in holding that BIA can cancel land transfer to tribe where it has valid policy concerns to do so.

Gov't can appeal even where, in the end, it substantially prevails in first action.


Miami Tribe of Oklahoma v. United States

Tenth Circuit -- United States v. Cordery

Error in increasing length of sentence for rehabilitative purposes.


United States v. Cordery

Ninth Circuit -- BARBEE LYON V. CHASE BANK USA, N.A.

Error in dismissal of state debt collection statute action, as although the statute doesn't protect against efforts to collect false debts, there is no evidence in the record that the plaintiff's debt is false.

Detrimental reliance need not be shown for verdict of actual damages under FCBA.

BARBEE LYON V. CHASE BANK USA, N.A.

Ninth Circuit -- USA V. KEVIN CROWDER

Ignorance of the sexual offender registration laws is no excuse.

USA V. KEVIN CROWDER

Eighth Circuit -- Rick D. Lange v. Inova Capital Funding, LLC

Bankruptcy - no error where preferential transfer was held to be avoidable.


Rick D. Lange v. Inova Capital Funding, LLC