Federal Circuit -- Conservation Force v. Kenneth Salazar

 Suit didn't qualify as a citizen suit under the Endangered Species Act, so no fees for Plaintiff.

Specific statutory duties that Agcy omitted weren't sufficient nonfeasance to trigger award of fees for citizen suit.

Much close parsing of the relevant statutes.

Conservation Force v. Kenneth Salazar

Tenth Circuit -- Clayton v. Jones

Where counsel tells client that he'll be home by Christmas with a guilty plea, and a life sentence results, and counsel then doesn't file a direct appeal after explicit instruction, it's ineffective assistance.

(Plaintiff has been imprisoned for 30 years.)

Remand so lower court can explain why it ordered withdrawal of plea as opposed to out of time appeal.

Clayton v. Jones

Ninth Circuit -- YVON WAGNER V. COUNTY OF MARICOPA

Reference to forced changing-of-clothes of mentally ill jail inmate should have been in for the truth of the matter asserted, not just for mental state.

Reference to pink underwear of inmates should have been allowed.

Barring doc from arguing that the experience killed the inmate was a correct application of Daubert, but he should have been allowed to say that it would have been stressful for him.

Court TKO'ing the plaintiff's rebuttal was uncool.

Dissent -

No offer of proof as to actual belief of victim means that it wasn't hearsay - victim might not have actually believed it.

State of mind exception to hearsay doesn't allow discussion of circumstances leading to the state of mind.

Doc's testimony would have been too speculative, given Daubert findings.

Not allowing the Plaintiff a rebuttal argument wasn't an abuse of discretion.

YVON WAGNER V. COUNTY OF MARICOPA

Ninth Circuit -- ESTATE OF HENRY BARABIN V. ASTENJOHNSON INC

Where expert was DQ'ed pretrial but then later allowed, a Daubert hearing should have been held before letting the expert go to the jury.

Concurrence: Yes, and also explain why evidence of collateral sources of income was excluded after widow claimed destitution.

Concurrence: Yes, but no need for a new trial.  Just have the Daubert hearing and take it from there.


ESTATE OF HENRY BARABIN V. ASTENJOHNSON INC

Seventh Circuit -- Iain Walker v. Norene Walker

District Court erred in saying that the family lived in Australia, and therefore in barring ICARA/Hague return of the children to the US.

State court judgment not a final determination for purposes of the Hague Convention.

Letter between the parents referencing custody should have been barred under FRE as an offer to settle.

Iain Walker v. Norene Walker

Sixth Circuit -- USA v. Real Prop. & Residence

Interlocutory sale of yacht during pendency of civil and criminal actions kosher.

USA v. Real Prop. & Residence

Sixth Circuit -- Debra Kohl v. USA

Testing IED's involves decisionmaking on an operational level, and is therefore within the discretionary activities exception to FTCA.

Debra Kohl v. USA

Test

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