Federal Circuit -- ARCELORMITTAL FRANCE V. AK STEEL CORP.

ARCELORMITTAL FRANCE V. AK STEEL CORP.

DC Circuit -- USA v. Andrew Warren

USA v. Andrew Warren

Eleventh Circuit -- Iberiabank v. Beneva 41-1, LLC, et al.

As FDIC has power to enter into contracts on behalf of banks in recievership, third party cannot terminate sublease agreement based on the transfer of the agreement from the bank to the FDIC. 

(Quick summary prepared from first page.)

Iberiabank v. Beneva 41-1, LLC, et al.

Eleventh Circuit -- USA v. Lawrence S. Duran, et al

In determining questions of 'substantial nonexempt interest' under FDPCA, federal courts must decide property questions even when referencing state law.

USA v. Lawrence S. Duran, et al

Tenth Circuit -- No Clue

Not sure which of yesterday's opinions were published, and running very low on time.  Moving on.

Ninth Circuit -- USA V. EDUARDO ARIAS-ESPINOSA

If one signs a plea agreement waiving the right to appeal, and at the end of sentencing, the judge says that there might be a right to appeal, there is no right to appeal.  Equivocal and ambiguous.


USA V. EDUARDO ARIAS-ESPINOSA

Eighth Circuit -- United States v. Humberto Jacobo

Nine-level sentencing bump correctly applied in case of evading prior charge, as there's no need to prove the prior charge to justify the sentencing bump.

 United States  v.  Humberto Jacobo

Eighth Circuit -- United States v. Robert Lee Bailey

When a District Court determines during the pendency of a Rule 41 action for the return of property that the government has lost the property, the plaintiff should be allowed to convert the action into a civil damages claim.

United States  v.  Robert Lee Bailey

Eighth Circuit -- Pedro Garcia-Colindres v. Eric H. Holder, Jr.

Brief detentions, minor beatings and threats are not past persecution for purposes of an asylum claim.

Not raising humanitarian asylum claim at agency level waives it for Article III review.

 Pedro Garcia-Colindres  v.  Eric H. Holder, Jr.

Eighth Cicuit -- Westfield Insurance Company v. Robinson Outdoors, Inc.

Insurance company had no duty to defend on false advertising claim, as the contract required that the claimant have sold goods that conformed to the specs.

Westfield Insurance Company  v.  Robinson Outdoors, Inc.

Eighth Circuit -- John Schedin v. Ortho-McNeil-Janssen

Jury could have reasonably found that a package insert was sufficient to warn physician AKA learned intermediary.

Post-hoc report fairly admitted, as it established possibility of contemporaneous knowledge.

 Sufficient proof of causation, given MD's contacts with reps and literature.

JMOL shoudl have been granted on punitive damages, given speculative nature of claim.

Concur/Dissent: Sufficient possibility of punitive damages scenario.

John Schedin  v.  Ortho-McNeil-Janssen

Eighth Circuit -- Kip M. Kaler v. Susan Bala (11/29)

[Tough case.  Again, entertainment purposes only.]

Where subject of bankruptcy action takes out insurance policy in the name of a third person and the Federales execute a forfeiture order, rights in the policy then vest in the Federales, giving the Trustee a better claim than the beneficiary of the policy if the forfeiture is later reversed..

Improper notice to the beneficiary does not make the forfeiture order wrongful.

Kip M. Kaler  v.  Susan Bala

Seenth Circuit -- Henry Ruppel v. CBS Corporation

Liability suit properly removed to Federal Court under the Federal Officer statute.  Deft's not warning plaintiff of dangers is fundamentally a liability/negligence question, and there is therefore a colorable defense under Boyle - delicts within specs.

Henry Ruppel v. CBS Corporation

Seventh Circuit -- Kevin Kasten v. Saint-Gobain

Post- Scotus remand, District Court erred in giving SJ to employer on question of FLSA retaliation claim.

Whether complaint was material cause of dismissal is a matter for the jury, given the plausibility of the  inference.

 District Court erred in giving SJ against claim that spoken complaint did not put the company on notice that FLSA was in play.

Kevin Kasten v. Saint-Gobain

Seventh Circuit -- USA v. Michael Taylor

For felon-in-possession charge, proof that the deft's housemates  possessed guns is not unduly prejudicial, in that it makes it more likely that the firearm in the vehicle actually belonged to the deft.

Sufficient evidence for possession, despite only witness' substantial use of MJ and alcohol. .

Sentence 13 years beyond guidelines not substantively unreasonable, as court considered all factors.


USA v. Michael Taylor

Seventh Circuit -- USA v. Luis Delgado

Police cannot search house under exigent circumstances when det emerges after knock on door and is arrested, even if there is a shooter still at large.  There must be some affirmative sign of exigency, some credible story.

USA v. Luis Delgado

Seventh Circuit -- Bahri Begolli v. Home Depot, U.S.A.

 Judges's resolution of dispositive factual threshold question on Statute of Limitations should have gone to the jury instead.

Contrary Circuit precedent distinguished - judicial determination of administrative exhaustion is different from judicial determination of a disputed fact, as the former looks to whether or not the agency issued a decision.


Bahri Begolli v. Home Depot, U.S.A

Seventh Circuit -- Richard Merel v. Kevin Duff (11/29)

In repaying funds lost to fraud, courts have discretion to use the 'rising tide' or the 'net loss' method.  That is, they can try to give back what was lost, or they can try to apportion evenly that which was recovered.

Richard Merel v. Kevin Duff

Sixth Circuit -- Green Party of Tennessee v. Tre Hargett

Where there have been subsequent changes in the statute at issue, Appeals Court should remand tothe District Court to assess mootness, and not rule in the first instance.

Statute giving state executive discretion in certifying minor parties is not
impermissibly vague/ unconstitutional delegation.

Plaintiff did not have standing to challenge restrictions on third party names, as they weren't going to name their party using any of the verboten words.

Green Party of Tennessee v. Tre Hargett

Sixth Circuit -- Joseph Coyer v. HSBC Mortgage Services, Inc.

No default fiduciary relationship or covenant of fair dealing between mortgagor and mortgagee in Michigan.

TILA claim untimely.

Individual cannot place common-law lien on their own property.

Where the magistrate judge is unqualified by statute, orders of trial court are not void if court conducts de novo review and withdraws the findings of the magistrate.


Joseph Coyer v. HSBC Mortgage Services, Inc.

Sixth Circuit -- Kevin Moore v. Mary Berghuis

Giving police officer name and phone number of attorney and asking him to contact the lawyer is sufficient invocation for the right to counsel.  Clearly established by Scotus for purposes of AEDPA.

District Court erred in holding admission of confession to be harmless error.

Dissent - Legitimate waiver under Edwards where police officer told deft that the lawyer was unavailable, and deft subsequently talked.

Kevin Moore v. Mary Berghuis

Fifth Circuit -- PPI Technology Services, L.P. v. Liberty Mutual (11/29)

Insurance company had no duty to defend, as the complaint didn't plead any facts of "property damage.  Descriptions of harm or damage to the underlying property are required.

PPI Technology Services, L.P. v. Liberty Mutual

Fourth Circuit -- U.S. Foodservice, Inc. v. Truck Drivers & Helpers Union

ERISA overpayment - District Court erred in ordering repayment of management overpayment to employee fund, as the plan administrator had held that there had been no overpayment, and such a reading of the plan language is rational. 


U.S. Foodservice, Inc. v. Truck Drivers & Helpers Union

Fourth Circuit -- Jonathan Blitz v. Janet Napolitano

Dismissal for lack of SMJ sufficiently final for appeal.

TSA Checkpoint Procedures constituted an administrative Order, as they were the final word of the Agency on the matter.

Court did not err in deciding this based on administrative record (without reference to the actual Order).

Channeling challenges to the Order to the Courts of Appeal not unconstitutional, very commmon.  Doesn't foreclose relief.  No DP violation.





Jonathan Blitz v. Janet Napolitano

Second Circuit -- United States v. Robinson

TVPA trafficking statute has three classes of culpability - knowledge; reckless disregard; opportunity to observe.

Sufficient evidence.

Recordings of phone calls with other criminal contacts  were not inadmissible as other bad acts, as the contextualized the contacts in the present case.  Same for threatening phone calls to person in present case.

Sentence procedurally reasonable.

Concur in J: Scienter terms in statute means that "opportunity to observe" should still have mens rea requirement.

United States v. Robinson

First Circuit -- Kenney v. Floyd

Hearsay in investigator's affadavit inadmissible against motion for summary judgement, not res gestae.

Evidence of animosity between petitioner and policeman not enough to defeat SJ against report from State AG clearing the policeman.


Kenney v. Floyd