DC Circuit -- Judicial Watch, Inc. v. SSA

As the employer is considered a taxpayer, FOIA request for list of employers with the greatest number of SSN mismatches was properly denied under Exemption 3.

Judicial Watch, Inc. v. SSA

Eleventh Circuit -- USA v. Rodney Edward Thompson

Restoration of the right to vote insufficient restoration of civil rights to bar consideration of the prior conviction in sentencing.

USA v. Rodney Edward Thompson

Eleventh Circuit -- USA v. David Bishop Laist

(From summary) 25 Day delay in getting search warrant for impounded computer not unreasonable.

USA v. David Bishop Laist

Tenth Circuit -- Daniels v. United Parcel Service, Inc.

Discrimination claim time-barred.

Futility defense not available.

Trial court did not err in denying relief on merits.

Daniels v. United Parcel Service, Inc.

Tenth Circuit -- Hancock v. AT&T

Arbitration terms in clickwrap contract of adhesion bind, as they're not hidden, and the agreement is encountered before encountering the content.

Two TOS agreed to at different times can both bind.

Many smaller evidentiary holdings.  Just scrolled through as running late.  Ironic.

Hancock v. AT&T

Ninth Circuit -- DERRICK LOFTIS V. ALMAGER

Non-Alford nolo contendere without a factual basis is not cognizable on federal habeas review.

Concur in J: Secondary documents (eg PSR) can establish.

Dissent - Citation to state precedent established a de facto Alford.



DERRICK LOFTIS V. ALMAGER

Ninth Circuit -- JAIME MEDRANO V. FLAGSTAR BANK, FSB

Challenging the terms of the loan is not a communication triggering a statutory duty for the lender to reply.  It's just rude.

JAIME MEDRANO V. FLAGSTAR BANK, FSB

Eighth Circuit -- United States v. Jeraldon Green

Material and potentially adverse conflict in the present litigation does not justify the application of the Circuit's per se reversal rule where a PD represents deft at arraignment and then represents material witness at trial and the court does not inquire into the conflict.

United States v. Jeraldon Green

Seventh Circuit -- USA v. Mauricio Gonzalez-La

Probation revocation sentence imposed prior to deportation counts in the sentencing bump for conviction upon illegal reentry.

No error in court not applying cultural assimilation sentencing reduction, given deft's frequent convictions.

USA v. Mauricio Gonzalez-La

Seventh Circuit -- Michael Moore v. Lisa Madigan

Second Amendment arms-bearing is protected outside the home as well as inside the home.  Reason: at the time of the founding it was more perhaps dangerous outside than it was inside.  And there's no policy justification for the statute at issue.

State would have had to prove 'more than a rational basis' for the law to stand against 2A.

Dissent - Off the McDonald/Heller continuum - carrying outside is intrinsically more dangerous and susceptible to regulation, as evinced by the frequent regulation of it.

[Again, folks, these are quick summaries.  Especially today.  Entertainment value only.]



Michael Moore v. Lisa Madigan

Sixth Circuit -- Paul v. Kaiser

District court erred in denying remand to state court, as the plaintiff's suit is not inextricably intertwined with CBA terms -- no preemption, no need to move to the Federal Courts.

Paul v. Kaiser 

Fifth Circuit -- Gaspar Esparza Rodriguez v. Eric Holder, Jr

No error in BIA modified categorical holding that assault statute was a sufficient predicate as a crime of moral turpitude, given Chevron deference on definition of moral turpitude.

Gaspar Esparza Rodriguez v. Eric Holder, Jr

Fifth Circuit -- Asarco, L.L.C., et al v. Barclays Capital, Inc.

Error in Bankruptcy Court award of fees, as the costs were foreseeable.



Asarco, L.L.C., et al v. Barclays Capital, Inc.

Third Circuit --In Re: Grand Jury v.

No jurisdiction over discovery order privilege claim controversy until finding of contempt.

Exception to this affecting third party subpoenas to parties with not enough of a vested stake to risk contempt has not been narrowed in scope by recent Scotus holdings on finality of orders.

If privilege holder is capable of receiving documents and does not challenge to the point of contempt, it is a waiver of privilege.

Reasonable basis for belief in crime/fraud is enough to break the attorney-client privilege.

Trial court did not abuse discretion in finding that communications were used for crime/fraud.

Court did not err in denying the privilege for specific documents.

Concur/Dissent:  ACR is an imperfect agency - as client might not be able to demand return of documents when court issues subpoena, third-party exception should apply.

[Again, folks, this is a summary after a skim - entertainment purposes only.]

In Re: Grand Jury v.

Second Circuit -- Ment Bros. Iron Works Co. v. Interstate Fire & Casualty Co.

Property was properly described as an apartment building according to the terms of the contract.

Ment Bros. Iron Works Co. v. Interstate Fire & Casualty Co.

Second Circuit -- Gutierrez v. Smith

Change in the elements of the statute gives petitioner sufficient 'cause' for habeas, given lack of contemporaneous objection.

Sufficient unto the case was the evidence thereof.

No certification of question, given burden on NY courts.

Gutierrez v. Smith

First Circuit -- US v. Infante

No error in trial court holding that fire emergency call and the trail of blood justified warrantless entry under exigent circumstances.

No error in trial court holding that the atmosphere in deft's hospital room was sufficiently nonconfrontational to avoid Miranda.

Dissent - Where there's no smoke, there's no warrantless firefighter entry.


US v. Infante