Eighth Circuit -- Barry Barron v. South Dakota Board of Regents

Since the motion to dismiss was accompanied by new information, no error in court's conversion of the motion to summary judgement.

No requirement to administratively exhaust claim that school closure violates IDEA.

SJ on IDEA claim appropriate, as all kids are in good schools, despite closure of school for deaf.

No standing for parents who don't have kids in the specific program at issue.

No violation of South Dakota law.

Barry Barron v. South Dakota Board of Regents

Eighth Circuit -- United States v. Rodney L. Shrum

Sufficient evidence for filing false tax return.

Admission of gambling records not unduly prejudicial.

No substantive error in sentence.

United States v. Rodney L. Shrum

Eighth Circuit -- United States v. Brian Ellefsen

 Evidence for Brady claim that docs showed IRS allowed conduct in past years was not material.

No error in characterization of diverted fees as constructive dividends.

Harmless error in not allowing cross for a summary witness.

No abuse of discretion in barring expert testimony.

No error in restitution calculation.

United States v. Brian Ellefsen

Eighth Circuit -- Park Hill School District v. Kevin Dass

 Under IDEA, specific transition and behaviour plans are only required in special circumstances.

Park Hill School District v. Kevin Dass

Eighth Circuit -- Jerome Bass v. United States

No habeus on ineffective assistance.

"They told you the truth" in closing is not vouching.

Jerome Bass v. United States

Eighth Circuit -- Jerry Washington v. Countrywide Home Loans, Inc.

 Two days of 12% interest on $790 sufficient monetary injury for standing.

Associated fees violated state mortgage act.

Jerry Washington v. Countrywide Home Loans, Inc.

Eighth Circuit -- United States v. Taylor Bloate

 Absent related findings issued by the court, a deft's statement waiving pretrial claims is not a motion for purposes of the Speedy Trial Act.

United States v. Taylor Bloate

Seventh Circuit -- USA v. Robert George

Given the aiding & abetting, sufficient evidence to convict the (absent) aider & abettor of cocaine possession.

USA v. Robert George

Seventh Circuit -- John Doe v. Elmbrook School Dist

Public school's rental of church building for graduation, etc does not offend the Establishment Clause.

Not moot despite construction of school fieldhouse.

Plaintiffs' interest in privacy justifies the anonymous suit.

Encountering Christian symbols during the events was not unduly coercive.

Entering a house of worhip is not an inherently religious act.

No endorsement/entanglement under Lemon.

Dissent: Endorsement, what with all the pamphlets & iconography about.


John Doe v. Elmbrook School District

Seventh Circuit -- Autumn Eaton v. Indiana Department of Corrections

The 'Mikey likes it' test for comparators in a Title VII action - when both refuse the same work, and the refusal is the basis for the adverse action, there's enough similarity to move past summary judgment.

NB: The court doesn't actually call it that.

Autumn Eaton v. Indiana Department of Corrections

Seventh Circuit -- USA v. Aida Salem

 Conspirators at bottom of the operation can be held liable for the acts of the whole conspiracy, given length of time involved & ratifying acts.

USA v. Aida Salem

Seventh Circuit -- Vikram Buddhi v. Philip Benson

Judge's order to warden to deduct judgment & filing fees from inmate's account was error, but Mandamus not justified, as only impact inmate claimed was inability to proceed with an appeal that is now resolved.

Vikram Buddhi v. Philip Benson

Sixth Circuit -- Titan Tire Corp. of Bryan v. United Steelworkers of America

Arbitrator can go beyond the four corners of the CBA when refereeing dismissal claim.  But not too far.

Titan Tire Corp. of Bryan v. United Steelworkers of America

Third Circuit -- USA v. Matthew Pizzolato

 Govt did not breach plea agreement by providing to the court information that justified a longer sentence.

USA v. Matthew Pizzolato

Third Circuit -- Alief Independent School Dist v. C. C.

 Where a school district seeks and gains a declaratory order of IDEA compliance before a hearing officer, it can later file for fees if the original action was spurious (brought to harass, delay, etc.)

Alief Independent School Dist v. C. C.

First Circuit -- Fryer v. A.S.A.P. Fire and Safety Corporation

Claim that USERRA preempts state law is not jurisdictional, as preemption would not divest state courts of jurisdiction, but merely change the law that they were interpreting.

Willful in USERRA refers to knowing action or reckless disregard.

Award calculations correct.

Fryer v. A.S.A.P. Fire and Safety Corporation

First Circuit -- The Capability Group, Inc. v. American Express Travel

Although company realized 149m in savings from consultant's program, the 90m figure in contract prevails - K terms & parol evidence do not allow vendor to claim the higher figure.

No risk of future harm from confidentiality breaches - no error in denial of injunction.

Though plaintiff's counsel was going through a rough patch & turned in a subpar performance, stronger performance wouldn't have saved the case.


The Capability Group, Inc. v. American Express Travel

Second Circuit -- USA v. Gansman

Where requested, securities fraud trial court must give jury instruction that there was no culpability where tipper & tippee had a relationship of trust or confidence, and tipper had no intent that info was to be used for insider trades.

No error on conscious avoidance instruction.

Within court's discretion to exclude evidence of witness' trying to game polygraph.

No error in exclusion of codeft's parent's convictions for securities fraud.

Prosc statement in closing that deft was described on a website as a trading junkie was properly & promptly cured.

USA v. Gansman

Eleventh Circuit -- Valle v. Secretary, Florida Department of Corrections, etc.

Substantive & procedural clemency claims cannot be addressed via federal habeus.

Valle v. Secretary, Florida Department of Corrections, etc. 

 [Thou shalt not kill.  -TMB]

Ninth Circuit -- USA V. BRAD SANTINI

Psychiatrist's referring to deft's prior contacts with law enforcement as 'extensive' was excessively prejudicial.

USA V. BRAD SANTINI

Ninth Circuit -- TIMM ADAMS V. USA

USPS Form 8877 qualifies as certified mail.

TIMM ADAMS V. USA

Ninth Circuit -- MICHAEL P. V. DEPARTMENT OF EDUCATION, STATE OF HAWAII

State agency violated IDEA by exclusively weighing claim based on discrepancy between student's performance with dyslexia and her putative performance without the disability.

Dissent: As this rule doesn't apply to local districts, it unfairly impacts Hawaii statewide single district.

MICHAEL P. V. DEPARTMENT OF EDUCATION, STATE OF HAWAII

Ninth Circuit -- SINGH V. HOLDER

ILJ erred in holding that the correct standard for changed circumstances is 'clear and convincing'; correct standard is 'to the satisfaction of the judge.'

ILJ holding that application came too late after expiration of lawful status not supported by substantial evidence.

SINGH V. HOLDER

Eighth Circuit -- United States v. Christian Quevedo

Sufficient evidence that deft filed false tax returns.

Uncharged false filings can be used for calculating loss for sentencing.

Harmless error in not offsetting any refunds actually due on the filings.

Beneficiaries of schemes can be counted as victims, given the likely immigration troubles ahead.

United States v. Christian Quevedo

Seventh Circuit -- Maurice Cobige v. City of Chicago

Order & Errata.

Maurice Cobige v. City of Chicago

Sixth Circuit -- Darryl Thompson v. Michael Grida

Qualified immunity appeal TKO'd, as it relies on disputed facts.

Darryl Thompson v. Michael Grida

Sixth Circuit -- John Shewchun v. Eric Holder, Jr.

BIA rule that removal proceedings cannot be stayed on the undertaking of successful naturalization unless & until DHS issues formal notification of status is entitled to deference.


John Shewchun v. Eric Holder, Jr.

Sixth Circuit -- Richard Atkinson v. Morgan Asset Management, Inc.

SLUSA bars securities fraud class action.

Claim not within first Delaware carve-out, as complint alleged that plaintiffs were induced to hold the shares for too long, not buy them.

Dismissal with prejudice upheld - class shaving not kosher.

Richard Atkinson v. Morgan Asset Management, Inc.

Sixth Circuit -- Jonathan Hirsch v. CSX Transportation Inc.

Class action dismissal upheld as 1:1,000,000 odds of bad things from dioxin exposure after train wreck is insufficient risk to warrant monitoring.

Court hold causation not proved.

Jonathan Hirsch v. CSX Transportation Inc.

Fifth Circuit -- Mohammad Khalid v. Eric Holder, Jr.

When a minor child listed as a derivative beneficiary on a visa application made by a brother or sister of a legal permanent resident attains majority and seeks to convert their status by means of a direct application, they retain the priority date of their aged-out application.

Circuit split flagged.

Mohammad Khalid v. Eric Holder, Jr.

Fifth Circuit -- USA v. Manuel Barraza

 Where juror makes a nonspecific prejudicial comment prior to deliberations, but jury reaches verdict before court can act -- no remedy, as only way to prove impropriety would be to inquire into deliberations.

No Brady violation where deft has the information.

Prejucial testimony properly cured by instruction.

Email from judge seeking sexual relations as part of larger plan involving both money and sexual relations qualifies under wire fraud statute (which requires that money be involved).

No error in bribery sentencing bumps.

USA v. Manuel Barraza

Fifth Circuit -- Swindle, et al v. Livingston Parish, et al

 Student has a valid property interest in alternative education when expelled from public school - some kind of process/hearing is required upon denial.

SJ on qualified immunity for administrators denied.

State sovereign immunity shields officials from some claim.

Swindle, et al v. Livingston Parish, et al

Fourth Circuit -- Commonwealth of Virginia v. Kathleen Sebelius

ACA does not inflict sufficient sovereign injury on Virginia for standing.

Conflict between state and federal law does not give state standing.

Current challenge is quasi-parens-patriae - Fed Govt is the true parens, not the states.

(Sixteen-page caption.)

Commonwealth of Virginia v. Kathleen Sebelius

Fourth Circuit -- John Doe v. Atty Gen USA

Anti-Injunction Act bars pre-enforcement challenge to ACA, as the penalty is a tax.

Concurrence: Concur, but if I reached merits, I would uphold the ACA as a legit exercise of plenary tax power.

Dissent - Mandate is not a tax - legislative history proves.  Would uphold ACA on merits.

Liberty University v. Timothy Geithner

Third Circuit -- John Doe v. Atty Gen USA

Status of aliens paroled into the country (as distinct from admitted) while facing criminal charges can be judicially reviewed.

Not intriniscally a due process violation.

Wire transfer a sufficiently aggravated fraud.

Dissent: Arrest warrant was insufficient grounds to deny entry.

John Doe v. Atty Gen USA

Third Circuit -- Amica Mutual Ins Co v. Edward Fogel

To stack or not to stack - car crash choice of law.

Choice of law rules of initial forum obtain in S1404(a) transfers.

Car insurance place of contracting outweighed by new residence.

Amica Mutual Ins Co v. Edward Fogel