Claimant alleging multiple disorders as a result of vaccine did not sufficiently singly establish any of them.
Concurrence - Illogical to decide which disease is most likely to be caused by the harm, and then determine if it is sufficiently likely caused by the harm.
LOMBARDI V. SEC. OF HEALTH AND HUMAN SERVICES
Wednesday, September 07, 2011
Federal Circuit -- LOMBARDI V. SEC. OF HEALTH AND HUMAN SERVICES
DC Circuit -- Shawali Khan v. Barack Obama
Guantanamo habeus -- No error in District Court's assessment of veracity of intelligence reports, inmate properly detained under AUMF.
Shawali Khan v. Barack Obama
Shawali Khan v. Barack Obama
DC Circuit -- American Civil Liberties Union v. DOJ
FOIA request for policies on use of cell phone location data in prosecutions -- releases upheld, remand for further development of record.
American Civil Liberties Union v. DOJ
American Civil Liberties Union v. DOJ
Ninth Circuit -- USA V. RICARDO CISNEROS-RESENDIZ
When assessing an alien's application for withdrawal of admission, the ILJ must consider the interests of justice, not the equities of the case.
USA V. RICARDO CISNEROS-RESENDIZ
USA V. RICARDO CISNEROS-RESENDIZ
Ninth Circuit -- JOSEPH R. DIAZ V. JANICE BREWER
No error in issuance of injunction barring law which removed health benefits for same-sex partners.
JOSEPH R. DIAZ V. JANICE BREWER
JOSEPH R. DIAZ V. JANICE BREWER
Ninth Circuit -- TIM CARRICO V. CITY AND COUNTY OF SAN FRANCIS
Insufficient pre-enforcement standing for challengers to ordinance.
TIM CARRICO V. CITY AND COUNTY OF SAN FRANCISCO
TIM CARRICO V. CITY AND COUNTY OF SAN FRANCISCO
Ninth Circuit -- YBARRA V. MCDANIEL
Habeus claim procedurally barred, except for issue raised on interlocutory appeal during trial.
No unreasonable applications of fact/law in trial court's refusal of venue change.
Overbroad aggravating factor of deparavity was harmless error.
COA's not incorrectly denied.
Prosecutors comparison in closing to the Genovese case not reversible error.
NO cumulative error.
YBARRA V. MCDANIEL
[Thou shalt not kill. -TMB]
No unreasonable applications of fact/law in trial court's refusal of venue change.
Overbroad aggravating factor of deparavity was harmless error.
COA's not incorrectly denied.
Prosecutors comparison in closing to the Genovese case not reversible error.
NO cumulative error.
YBARRA V. MCDANIEL
[Thou shalt not kill. -TMB]
Eighth Circuit -- Keeley & Grabanski Land Part. v. John Keeley
Proper standard for a party seeking appointment of a trustee is preponderance of the evidence.
No clear error in app. of trustee.
Keeley & Grabanski Land Part. v. John Keeley
No clear error in app. of trustee.
Keeley & Grabanski Land Part. v. John Keeley
Eighth Circuit -- United States v. Michael Willoughby
Two drug sales in close physical and temporal proximity were part of the same chain of conduct, and therefore not divisible as predicates for ACCA
United States v. Michael Willoughby
United States v. Michael Willoughby
Eighth Circuit -- Ellen Quinn v. St. Louis County
Any error in dismissal of breach of employment contract was harmless, as constructive discharge argument was held insufficient elsewhere in claim.
Pleading overly conclusory on retaliation claim.
No denial of FMLA leave.
No FMLA retaliation
Ellen Quinn v. St. Louis County
Pleading overly conclusory on retaliation claim.
No denial of FMLA leave.
No FMLA retaliation
Ellen Quinn v. St. Louis County
Eighth Circuit -- Mack Green v. SuperShuttle International
No error in compelling arbitration where AAA rules giving arbitrator jurisdiction over questions of arbitrability are incorporated in the agreement.
Class action waivers enforceable under Conception.
Concur/special concur: District Court has no discretion to dismiss claim in arbitration.
Mack Green v. SuperShuttle International
Class action waivers enforceable under Conception.
Concur/special concur: District Court has no discretion to dismiss claim in arbitration.
Mack Green v. SuperShuttle International
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.