Ninth Circuit -- TEAM ENTERPRISES, LLC V. WESTERN INVESTMENT REAL ESTATE

Errata.

TEAM ENTERPRISES, LLC V. WESTERN INVESTMENT REAL ESTATE

Ninth Circtuit -- USA V. DAVID PERELMAN

Given possible intention to deceive, statute prohibiting wearing of others' Purple Hearts survives Free Speech facial challenge.

USA V. DAVID PERELMAN

Ninth Circuit -- RICHARD STOKLEY V. CHARLES RYAN

No colorable claim of ineffective assistance given trial counsel's investigation of brain damage theory.

RICHARD STOKLEY V. CHARLES RYAN

[Thou shalt not kill.  - TMB]

Ninth Circuit -- CHRISTINE EARL V. NIELSEN MEDIA RESEARCH, INC.

Given unequal treatment of comparators, performance reviews might have been pretextual - age discrimination claim can advance.

CHRISTINE EARL V. NIELSEN MEDIA RESEARCH, INC.

Ninth Circuit -- MATTHEW SILVA V. SARA OLSON

PLRA strikes were inappropriately counted, as they had not yet ripened into final decisions.


Circuit split on this.


Access to courts and retaliation claims sufficiently pleaded.


Dissent - no requirement in statute for finality, court clog risked



MATTHEW SILVA V. SARA OLSON

Ninth Circuit -- HAILE V. HOLDER

Although petitioner helped a terrorist organization and is therefore ineligible for most forms of relief, deferral of deportation is warranted given chances of torture.

HAILE V. HOLDER

Ninth Circuit -- JIANG V. HOLDER

Error in BIA's refusal to allow claimant to authenticate documents in ways other than certification from home country.

JIANG V. HOLDER

Ninth Circuit -- LEVI JACKSON V. CHARLES RYAN

Opinion withdrawn.

LEVI JACKSON V. CHARLES RYAN

Seventh Circuit -- Rasa Jonaitiene v. Eric Holder, Jr.

Possibility of violence from private actors and foreign government's inability to protect are not grounds for asylum.


Rasa Jonaitiene v. Eric Holder, Jr.

Seventh Circuit -- USA v. Michael Campbell

Deft effectively waived pro se application by offhand remark in colloquy and not raising it again subsequently.

 No error in non-application of retroactive FSA minimums.

USA v. Michael Campbell

Seventh Circuit -- USA v. Terrence Vance

No error in crack/powder sentencing


USA v. Terrence Vance

Seventh Circuit -- Esurance Insurance C v. Lukus Keeli

Given the technical possibility of the punitive award to be 5x the cost to class, error in denial of class certification on the prospect that minimum money threshold would not be reached.

Esurance Insurance C v. Lukus Keeli

Seventh Circuit -- Wilder Corporation o v. Thompson Dr

Prior land owner not required to indemnify current owner against action for breach due to initial owner's contamination of the land.

You wants the contract, you makes the contract.

Wilder Corporation o v. Thompson Dr

Sixth Circuit -- USA v. Cornell Smith

Where, from consideration of the plea agreement itself, it appears to be based on Guidelines ranges, subsequent modifications of the Guidelines may warrant review of the sentence.


USA v. Cornell Smith

Fifth Circuit -- Friends of St. Francis Xavier v. FEMA

 Church sodality located six miles from site has insufficient geographical nexus for standing to challenge FEMA ruling.

Friends of St. Francis Xavier v. FEMA

Third Circuit -- Mitchell Partners LP v. Irex Corp

Order - panel rehearing granted.


Mitchell Partners LP v. Irex Corp

Second Circuit -- Salim Shahriar et al. v. Smith & Wollensky

District Court did not abuse discretion by exercising supplementary jurisdiction over state law claims ancillary to the federal claim, even where the size of the state (now non-putative) class exceeded the federal size.

Maybe a circuit split - contrary circuit kinda distinguished.

Certification of class was kosher.

Salim Shahriar et al. v. Smith & Wollensky

Second Circuit -- Johnson v. Nextel Communications, Inc.

Dispute Settlement Agreement between plaintiffs counsel and deft created valid claim for conflict of interest given 2M incentive fee for settlement. 

Nonwaivable.

Court describes it as an employment contract with deft.

Breach, fraud & malpractice.

Valid claim for aiding and abetting against deft.

NJ law applies, as case was initially removed to SDNJ

Johnson v. Nextel Communications, Inc.

Second Circuit -- Altria v. USA

Plaintiff did not obtain a genuine ownership or leasehold interest in the entities or incur genuine debt - deductions not licit.

No error in substance over form instruction.

Altria v. USA