Federal Circuit -- FORD-CLIFTON V. DEPT. OF VETERANS AFFAIRS

Board did not err in denying late pro se petition.

Board's dismissal under law of case was in fact dismissal for res judicata.

FORD-CLIFTON V. DEPT. OF VETERANS AFFAIRS

Tenth Circuit -- Cypert v. Independent School District

No procedural Due Process claim for dismissed employee.

No proof of discriminator or free speech retribution.

Cypert v. Independent School District

Ninth Circuit -- USA V. LILA RIZK

No error in admission of summary charts.

Appraiser had knowlege of ends of conspiracy.

Appraiser knew ends of false appraisals were frauds on bank.

No plain error in ordering restitution past the release of claims negotiated in the civil trial, but civil restitution should have been subtracted from criminal.

USA V. LILA RIZK

Ninth Circuit -- USA V. WILKES

Remand to determine if deft's witness should have been granted use immunity.

No Brady violation, as not material.

Denial of many prosc. misconduct claims.

Quid pro quo bribery and misrepresentation satisfy Skilling's narrowing of honest services.

Sufficient evidence?kosher jury instructions for money laundering.


USA V. WILKES

Eighth Circuit -- United States v. Brandon Bennett

 Drug sufficiently similar to drug on schedule to permit use of sentencing guideline.

United States v. Brandon Bennett

Fifth Circuit -- Rommel Griffin, Sr. v. United Parcel Service, Inc.

 Diabetic not disabled under the ADA.

Accommodation was reasonable.

Rommel Griffin, Sr. v. United Parcel Service, Inc.

Fifth Circuit -- USA v. Shawna Tickles

 Conduct predating the FSA but sentenced after the FSA is not sentenced according to the FSA.

Dissent: But it should be.

USA v. Shawna Tickles
USA v. Jabar Gibson

Fifth Circuit -- USA v. Roberto Zamora, et al

 Informant tip and surveillance information provided reasonable suspicion for traffic stop.

No error in denial of venue instruction. (Conspiracy)

Sufficient evidence on conspiracy - past owner of car was member, fingerprints and forensic evidence on notebook.

Sufficient evidence for use of a firearm in furtherance, as the gun was loaded.

No error in denial of mistrial after testimony that deft had a criminal history.

USA v. Roberto Zamora, et al

Second Circuit -- Gray v. Citigroup, Inc.

ERISA Administrator did not abuse discretion in including company stock as a retirement option.

No fiduciary obligation to disclose confidential information.

Concur/Dissent - No presumption of prudence means that there is an affirmative duty of communication - must disclose dangers to company.

Gray v. Citigroup, Inc.

Second Circuit -- Cunney v. Bd. of Trs. of Vill. of Grand View

Zoning regulation void for vagueness - no specific indication of measuring point for maximum height.

Not saved by core meaning.

Cunney v. Bd. of Trs. of Vill. of Grand View

Secind Circuit -- Gearren v. McGraw-Hill Cos., Inc.

Inclusion of employer stock in retirement plan options was kosher, as the corporate situation appeared less than dire.

Gearren v. McGraw-Hill Cos., Inc.

Federal Circuit -- SANOFI-AVENTIS V. APOTEX INC.

As prejudgment interest is a form of damages, contract between parties limiting damages limits interest.

District Court did not err in barring counterclaim.

SANOFI-AVENTIS V. APOTEX INC.