Federal Circuit -- ROAD AND HIGHWAY BUILDERS V. U.S.

Where the IRS acquires funds based on a claim later determined to be spurious, no recovery if no evidence of bad intent.

ROAD AND HIGHWAY BUILDERS V. U.S.

DC Circuit -- Coalition for Responsible Reg v. EPA

Concurrences/Dissents from denial of en banc for EPA regulation of greenhouse gasses.

Dissent 1: Allowing EPA to regulate Greenhouse gasses conflicts with text, allows absurd results, conflicts with legislative intent.  Brown & Williamson -- Congress never meant to impart the authority.

Dissent 2:  Absurd results should have dictated a contrary agency interpretation of statute.  Term used elsewhere in statute.  Costs of interpretation.  Not compelled by Scotus decision as to another part of the Clean Air Act.  Too much discretion to agency.

Coalition for Responsible Reg v. EPA

Eleventh Circuit -- Barbara Kragor v. Takeda Pharmaceuticals America, Inc.

When you discharge someone, allegedly on the basis of age discrimination, and then say that she was a model employee, it creates a genuine issue of material fact as to whether the discharge was, as claimed at the time, for poor performance.

Barbara Kragor v. Takeda Pharmaceuticals America, Inc.

Eleventh Circuit -- Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.

As the Circuit has previously ruled that the term "ale house" is generic, there's no basis for a Langham Act suit.

Issue of genericism can be relitigated absent evidence of a secondary meaning.  Circuit split flagged.

No undue copying of trade dress in the furnishings and layout of the pubs.

Miller's Ale House, Inc. v. Boynton Carolina Ale House, Inc.

Ninth Circuit -- USA V. DAVID YEPEZ

As the sentencing predicate was valid and there was no right to counsel violation, petitioner's lack of exhaustion of administrative remedies prior to collateral challenge to the offense underlying the illegal reentry charge is not excused.

USA V. DAVID YEPEZ

Ninth Circuit -- USA V. DAVID YEPEZ

Federal sentencing bump correctly applied, despite state court's retroactive nunc pro tunc revocation of parole status backdated to the day before the commission of the crime.  Otherwise would be an abdication of federal authority.

Dissent: Federalism , deference, federal sentencing discretion.

USA V. DAVID YEPEZ

Ninth Circuit -- BARNES-WALLACE, ETAL V. BOY SCOUTS OF AMERICA

As plaintiffs had intention to use facilities leased by the state to the Boy Scouts, they have standing to challenge the lease under state & federal constitution.

Lease does not violate California Constitution as the religious aspect is incidental to the Scouts' use of the land.

No violation of Establishment clause, as, given the many leases to secular organizations, a reasonable observer would not conclude that the state was engaging in religious activity.

No Equal Protection violation, as the Scouts were treated equally.

No contractual claim, as the plaintiffs did not attempt to use any of the facilities specifically mentioned by the contract.


BARNES-WALLACE, ETAL V. BOY SCOUTS OF AMERICA

Seventh Circuit -- Christopher Parish v. City of Elkhardt

Where damages award in S1983 false imprisonment suit appears to suggest that the finder of fact thought that the deft was guilty of the underlying offense, court must allow testimony exculpatory of the underlying offense.

Court's allowing govt to redact exculpatory elements of eyewitness deposition was error.


Christopher Parish v. City of Elkhardt

Seventh Circuit -- USA v. James Elliott

As burglaries were on different days and were of different houses, no error in ACCA sentencing bump for committing crimes on multiple occasions.

USA v. James Elliott

Seventh Circuit -- Charles Adams v. Raintree Vacation

Nonparties to contract can enforce forum selection clause if either affiliates or holding a mutual relation in interest to parties to the contract. 

Forum selection clause can survive finding that the contract itself is fraudulent, as the clause is not in Sanskrit.

Charles Adams v. Raintree Vacation

Seventh Circuit -- Joshua Beller v. Health and Hospital

 For purposes of the Emergency Treatment statute, an ambulance is not operated by a hospital when it is functioning according to community-wide EMS standards.

Deference to the agency's interpretation that this is a clarification of a rule, and not retroactive application of a new rule, for which statutory authority would have been required.

Joshua Beller v. Health and Hospital

Eighth Circuit -- Bank of Nebraska v. Mark Rose

Bankruptcy court correctly assessed lender's actual subjective reliance on debtor's representations, not whether that reliance was justifiable.

No error in adjudication of state law counterclaim, as both parties consented, and as the counterclaim became a chose in action which was the property of the estate, meaning participation of the trustee was necessary for standing.  Plus there's no certainty the debtor was aggrieved absent proof of the claim's value.  Plus debtor waived the claim by not timely filing it.

Bank of Nebraska  v.  Mark Rose

Eighth Circuit -- United States v. Roger Bugh

Sufficient evidence to reject entrapment defense, as deft had aired plans to illegally sell firearm before being approached by the CI.

Aggressive pursuit of investigation was not outrageous governmental conduct sufficient to overturn the conviction.

No Due Process violation in gov't destruction of tapes, as deft didn't establish bad faith or exculpatory value.

Non-residential burglaries are valid ACCA predicates. 

United States  v.  Roger Bugh

Eighth Circuit -- United States v. Anthony Akiti

Sufficient evidence that getwaway driver aided and abetted.  Reasonable jury could have found that given the contqacts before the crime, the aider/abettor knew the principal to be armed.

Sufficient evidence for obstruction, given conversations with wife.

United States  v.  Anthony Akiti

Eighth Circuit -- United States v. Joseph Young

No error in denial of severance for multiple bank robberies, as evidence of each would likely have been admissible in all.

Given that he was alleged to have worn the same clothing in prior robberies, no error in allowing evidence of prior bad acts - baseball cap and flannels were sufficient signature.

Within guidelines sentence not an abuse of discretion.

Joseph Young

Sixth Circuit -- USA v. Kenneth Cochrane

Scope and duration of Terry stop was legit, given diligence of officers.

Consent was voluntary as there was no evidence that def thought that police had the power to search regardless of answer.

Within guidelines sentence substantively reasonable; sentencing court must give some indication as to the rationale for imposing consecutive sentences - remand.

USA v. Kenneth Cochrane

Sixth Circuit -- Keith Mitan v. Fed. Home Loan Mortgage Corp.

End of the redemption period for a foreclosed property does not end standing to challenge the sale where the sale is in violation of the foreclosure statute and therefore void ab initio.

Keith Mitan v. Fed. Home Loan Mortgage Corp.