Wednesday, September 07, 2011

Federal Circuit -- LOMBARDI V. SEC. OF HEALTH AND HUMAN SERVICES

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

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

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

Tenth Circuit -- Hafed v. Federal Bureau of Prisons

Order of dismissal.


Hafed v. Federal Bureau of Prisons

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

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

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

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]

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

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

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

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
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.