Eleventh Circuit -- Ehlen Floor Copvering, Inc., et al v. Innovative Pension Strategies

Preeemption by ERISA gives federal jurisdiction.

Where the parties agree that Section VI lists the services that are subject to mandatory arbitration, and there is no Section VI, there is no arbitration.

Ehlen Floor Copvering, Inc., et al v. Innovative Pension Strategies

Tenth Circuit -- Sorenson Communications, Inc. v. FCC

FCC ratemaking upheld as neither arbitrary nor capricious.

Sorenson Communications, Inc. v. FCC

Tenth Circuit -- United States v. Chavez

Anonymous tip provided sufficient reasonable suspicion for stop; information gained in Terry stop gave probable cause for arrest.

Sentencing Commission inclusion of attempted crimes as drug trafficking predicates not unconstitutional.

United States v. Chavez

Tenth Circuit -- United States v. Marrufo

Sentencing bump for using a firearm applies where the offense is hiding a firearm.


 United States v. Marrufo

Ninth Circuit -- DALE FOSSEN V. BLUE CROSS AND BLUE SHIELD OF

State health insurance law preempted.


DALE FOSSEN V. BLUE CROSS AND BLUE SHIELD OF

Ninth Circuit -- GARY SMALLWOOD V. ALLIED VAN LINES, INC.

Carmack Amendment bars arbitration clause, as interstate shipper has a right to choose forum.

GARY SMALLWOOD V. ALLIED VAN LINES, INC.

Eighth Circuit -- United States v. Baltazar Jimenez-Perez

Sentencing court erred by not recognizing power to vary downward based on lack of fast-track program.

United States v. Baltazar Jimenez-Perez

Seventh Circuit -- Peter Palka v. City of Chicago

Summary judgment proper on a S1983 "municipal inaction theory" - mere attempt to bootstrap a Monell claim.

Title 7 claims barred by res judicata.

Peter Palka v. City of Chicago

Seventh Circuit -- William Shaffer v. American Medical

District Court erred in dismissing FMLA claim, as employer's memo might have been falsely backdated.


Memorandum protected by A/C privilege - crime/fraud not applicable.



William Shaffer v. American Medical

Seventh Circuit -- Bruce Barton v. Zimmer, Inc

 ADEA claims TKO'd for causation.

Bruce Barton v. Zimmer, Inc

Seventh Circuit -- USA v. Calvin Brown

Fair Sentencing Act still not retroactive in the Seventh Circuit.

Sentencing court had discretion not to impose fines.

USA v. Calvin Brown

Fifth Circuit -- USA v. Miguel Carrillo

 "I wish I had a lawyer . . ." not a sufficient request for counsel under Miranda.

Police did not mislead by saying counsel was categorically unavailable for parole revocation hearing.

No error in giving of flight instruction.

Gov't's inadequate 404(b) notice harmless error.

Harmless error in admission of prior meth distribution conviction in trial for meth distribution.

No error in supervised release condition that barred deft from alcohol. 

USA v. Miguel Carrillo

Third Circuit -- USA v. Melvin Lewis

Sentencing bump for committing a crime while out on pretrial release can extend sentence beyond statutory maximum.


USA v. Melvin Lewis

First Circuit -- Spencer v. Roche

Where the warrant is for an examination of the bowels, the parts of the stomach visible in the X-ray are in plain view, constitutionally speaking.

Spencer v. Roche

First Circuit -- US v. Stergios

Sufficient evidence that bank was FDIC-insured where proof of such insurance predating offense and at time of trial.

Requesting mailed ATM cards that were later used fraudulently satisfies furtherance requirement of mail faud statute.

Ebay fraud justifies supervised-release restrictions on internet access.

Inclusion of 1.4m check in loss amounts (which doubled the guidelines range) was within court's discretion.


US v. Stergios

First Circuit -- Redondo Waste Systems, Inc. v. Lopez-Freytes

Dismissal upheld, as none of the captioned defts were alleged to have done anything wrong.

Redondo Waste Systems, Inc. v. Lopez-Freytes