Seventh Circuit -- Juan Torres-Tristan v. Eric Holder,

Circuit Courts do not have jurisdiction to review denial of U-Visas (issued for cooperating with criminal investigations).

Juan Torres-Tristan v. Eric Holder,

Seventh Circuit -- Christian Arroyo v. USA

FTCA claim not time-barred, as SOL accrued upon subjective discovery of injury, within range of objectively reasonable time-frame for discovery.

Poz: extended special concurrence / accrual dicta

Christian Arroyo v. USA

Seventh Circuit -- USA v. Buruji Kashamu

Foreign magistrate's finding in extradition proceedings that there was insufficient evidence to extradite (as deft's brother might have committed the crimes) does not collaterally estop US from continuing to attempt to extradite him from other nations.

USA v. Buruji Kashamu

Seventh Circuit -- USA v. James McKenzie

For sentencing guidelines purposes, the amount of cocaine that the conspiracy tried to steal was the reasonably foreseeable amount, not the agreed upon amount.

USA v. James McKenzie

Seventh Circuit -- Pamela Harris v. Pat Quinn

State as employer may require employees to contribute fair share monies to union - no First Amendment violation.

Claims of nonunionized sectors not yet ripe, as the state has not formally demanded such contributions yet.

Pamela Harris v. Pat Quinn

Third Circuit -- Cheikh Diop v. US Immigration and Customs Enf

Statute mandating that removable persons who commit certain crimes must be detained does not justify incarceration for more than two years - 5A Due Process kicks in.

Cheikh Diop v. US Immigration and Customs Enforcement

First Circuit -- Sterling Merchandising, Inc. v. Nestle SA

No standing for antitrust claim based on speculative market harms where prices fell and supply rose in the near term.

Sterling Merchandising, Inc. v. Nestle SA

First Circuit -- Wright v. Marshall

No ineffective assistance in not objecting to witness' adoption of ADA suggestion on direct.  

No ineffective assistance in not objecting to certain evidence.

Ni ineffective assistance in not requesting misidentification instruction.

Wright v. Marshall

First Circuit -- US v. Mubayyid

Government variance from the particular object of the conspiracy alleged in the indictment should not have barred conviction on a narrower conspiracy.

In that the tax fraud question was at most arguably ambiguous, its ambiguity was properly a matter for the jury.

Sufficient evidence for tax convictions.

Gov't had only to prove concealment of either of two facts described in the conjunctive in the indictment.  (A double preposition, yes.  Moving on.)

Harmless error in admission of phone conversation.

Deft argument that terrorist-type evidence presented to establish conspiracy created a retroactive misjoinder id TKO'd by circuit reversal on conspiracy, above


US v. Mubayyid 
US v. Al-Monla 
US v. Muntasser 
US v. Muntasser 
US v. Mubayyid

Federal Circuit -- CARDIOSOM, L.L.C. V. U.S.

Given ambiguity in shielding statute, Tucker Act jurisdiction remains for suit alleging breach by government.

CARDIOSOM, L.L.C. V. U.S.

Federal Circuit -- AIA ENGINEERING LTD. V. MAGOTTEAUX INTERNATIONAL S/A

Because the district court erred in construing the claim term “solid solution,” and thus erred in determining that the reissued claims impermissibly recaptured surrendered subject matter, we reverse and remand.

AIA ENGINEERING LTD. V. MAGOTTEAUX INTERNATIONAL S/A

Federal Circuit -- CLASSEN IMMUNOTHERAPIES, INC. V. BIOGEN IDEC

Although the presence of a mental step does not in itself DQ the patent, the process must bring the idea to application.

[Again, folks, Patent Law isn't one our strong suits here.  And by "strong suits", we mean "things we have the slightest clue about."]

CLASSEN IMMUNOTHERAPIES, INC. V. BIOGEN IDEC

DC Circuit -- David Bowie v. Charles Maddox

Government employee has no First Amendment basis for refusal to sign an affidavit in an employment discrimination.

Big ol' circuit split.

David Bowie v. Charles Maddox

Eleventh Circuit -- Arturo Jose Carrizo vs US Attorney General

Substantial evidence supports Immigration adverse credibility finding.

Arturo Jose Carrizo vs US Attorney General

Tenth Circuit -- Hull v. IRS

IRS properly withheld FOIA information, as the request on its face sought only a third party's return information.

Hull v. IRS

Tenth Circuit -- United States v. Irvin

Harmless error in introduction of business record, another record was kosher.

Detailed challenges to sufficiency of evidence and sentencing.

United States v. Irvin

Tenth Circuit -- Mascorro v. Billings

Qualified immunity denied, as no reasonable officer would have thought that pursuit of a minor for a minor traffic offense justified warrantless entry into home.


Mascorro v. Billings

Ninth Circuit -- EDWIN LOCKETT V. KEITH ERICSON

4th Amendment S1983 Plaintiff does not have to prove that conviction was reversed where plea was nolo contendre, as the bad search was not an element of conviction.

Appeal waiver in criminal action does not encompass civil claims.

California motor vehicle convictions can't be used for collateral estoppel.


EDWIN LOCKETT V. KEITH ERICSON

Ninth Circuit -- PEDRO JOSE HERNANDEZ-CRUZ V. ERIC H. HOLDER JR.

Order, errata.

PEDRO JOSE HERNANDEZ-CRUZ V. ERIC H. HOLDER JR.

Eighth Circuit -- United States v. Azizia Peterson

 Selective prosecution claim TKO'd for lack of proven animus.

United States v. Azizia Peterson