Eleventh Circuit -- Serrano v. U.S. Attorney General, et al.

Skidmore deference to BIA statutory interpretation holding that, for adjustment of status, an alien must have been inspected and admitted to the country. 

(Illegal entry TKO's the deal.)

 

Serrano v. U.S. Attorney General, et al.

Ninth Circuit -- COMITE DE JORNALEROS V. CITY OF REDONDO- APPENDIX

Appendices.

COMITE DE JORNALEROS V. CITY OF REDONDO- APPENDIX

Ninth Circuit -- ELLIS V. COSTCO WHOLESALE

Female employees of Costco challenge inequitable promotion polices by class action.

Plaintiffs have standing.

Terminated employees are bad class reps for injunctive relief.

Remand for (1) rulings on common question of law/fact;  (2) whether individualized damages permit certification of a 23(b)(2) class; (3) typicality of class reps.


ELLIS V. COSTCO WHOLESALE

Ninth Circuit -- COMITE DE JORNALEROS V. CITY OF REDONDO

Municipal restrictions on day-laborers seeking work on the sidewalk are insufficiently narrowly-tailored regulations of content-neutral speech.

Concurrence in J: Designated place for day laborers would solve.

Special Concurrence:  It is content-based, but if it's content-neutral, there's a lack of alternative means of expression.

[Interesting - both the Concurrence in Judgment and the Special Concurrence seem to substantially join the majority's reasoning.  So, at least in the Ninth, these are (1) two different things and (2) much less dissenting than one might usually think.]

Deep Dissent [that's what Chief K calls it]: Nothing in the First Amendment prevents government from requiring that sidewalks be used for walking.


COMITE DE JORNALEROS V. CITY OF REDONDO

Eighth Circuit -- David H. Heide v. David L. Juve

 Where creditor lent money to debtor to keep the car dealership afloat, whether the loans were to the individual or the corporation is a matter for trial.

David H. Heide v. David L. Juve

Eighth Circuit -- Lawrence Danduran, Jr. v. Kip M. Kaler

Conversion of personalty to exempt status cannot be constructive - courts can't impute it, it has to be actual.

Bankruptcy appellate panel can't make factual findings.

Lawrence Danduran, Jr. v. Kip M. Kaler

Eighth Circuit -- United States v. Levi Smith

Deft didn't register under SORNA - most sentencing conditions upheld, one struck as overbroad.

Standing for Printz challenge to SORNA, but TKO'd on merits, as states can opt for noncompliance and sacrifice federal funding.

United States v. Levi Smith

Eighth Circuit -- United States v. Sholom Rubashkin

Where judge was involved in ex parte pretrial proceedings with prosecution and ICE, jury verdict was not irrevocably tainted.

Probable acquittal is a necessary condition for 33(b) motion for new trial.

No abuse of discretion in scheduling trial on financial charges before immigration ones.

No error in admission of evidence on immigration charges in financial trial.

No plain error in intent jury instructions.

Money laundering charges did not merge with the other crimes.

No substantive/procedural error in sentence.

United States v. Sholom Rubashkin

Seventh Circuit -- Mondrea Vinning-El v. John Evans

Where prisoner requests vegan diet that he claims is required by his interpretation of his faith, a chaplain who finds the request to be not credible is granted qualified immunity if he made the decision by gauging the prisoner's sincerity, but not if he based it on his interpretation of the religion.

Mondrea Vinning-El v. John Evans

Seventh Circuit -- Trevor Ryan v. USA

Where a prisoner claims to have instructed his lawyer to file an appeal, two months is not an unreasonable length of time to allow the prisoner to discover that the lawyer hasn't.

Trevor Ryan v. USA

Seventh Circuit -- Robert Dickerson v. Board of Trustees

Mentally disabled custodian's ADA claims TKO'd by poor job performance record.

Robert Dickerson v. Board of Trustees

Sixth Circuit -- Mark Storey v. Douglas Vasbinder

No habeus on ineffective assistance given overwhelming evidence of guilt at trial.

An intervening direct appeal resets the 'second or successive' count to zero.  Circuit split flagged.

Dissent: Strickland doesn't require certainty of acquittal absent the ineffective assistance; majority opinion was too short.

Mark Storey v. Douglas Vasbinder

Fifth Circuit -- William Amacker, et al v. Renaissance Asset, et al

 Actual knowledge is required for scienter for aiding and abetting under the Commodities Exchange Act.

William Amacker, et al v. Renaissance Asset, et al

First Circuit -- Sony BMG Music Entertainment v. Tenenbaum

Napster sharing verdict largely upheld, remand on damages.

Statutory damages under the Copyright Act survive Feltner 7th Amendment challenge.

Act's prohibitions encompass consumer copiers.

Proof of harm not required for award of statutory damages.

No error in jury instructions setting forth range of statutory damages.

Infringement is willful if it is knowing.

Error to the District Court for considering whether damages offended due process before considering remittitur.

Sony BMG Music Entertainment v. Tenenbaum

First Circuit -- Gonzalez-Droz v. Gonzalez-Colon

Puerto Rico Board of Medical Examiners' ruling that only surgeons accredited in plastic surgery or dermatology are allowed to practice cosmetic medicine survives rational basis review.

Not unconstitutionally vague.

No requirement of pre-deprivation hearing.

Claim of inadequate notice is sheer persiflage - actual knowledge established.

Insufficiently conscience-shocking to be a substantive due process violation.

Not retaliation for suit, as foreordained.

 Gonzalez-Droz v. Gonzalez-Colon