Thursday, August 01, 2013

Super-Short Form: Thursday

First Circuit:

US v. Garcia-Leon 
Manning v. Boston Medical Center 
DeJesus v. Park Corporation 
Zhao-Cheng v. Holder 
Kinisu v. Holder 

Second Circuit:

United States v. Bernacet -- State rule barring arrest for warrantless arrest for parole violation is a state rule not necessarily presenting a violation of the Federal Constitution.
New York Life Ins. Co. v. United States -- Tax.  Whether something happened within a certain year.
United States v. Agrawal -- Economic espionage - jurisdictional hook.
Gordon v. Softech Int'l, Inc. -- Whether state privacy law imposes duty of care on those with access to drivers license information.  Majority says yes.
Franklin Advisers, Inc. v. CDO Plus Master Fund, Ltd.

Third Circuit:

Cheryl Harris v. Kellogg Brown & Root Services

Sixth Circuit:

 Ronnie Ray v. USA 

Seventh Circuit:

11-2734USA v.
  Charles Stokes
criminal08/01/2013Final
 Opinion
Sykes
11-3303Anthony Weddington v.
  Dushan Zatecky
prisoner08/01/2013Final
 Opinion
Tinder
12-1718USA v.
  Eddie Lee
criminal08/01/2013Final
 Opinion
Rovner
12-2435USA v.
  Corey Stinefast
criminal08/01/2013Final
 Opinion
WILLIAMS
12-2541Michael DeGuelle v.
  Kristen Camilli
civil08/01/2013Final
 Opinion
Posner
12-2658Lippert Tile Company, Inc. v.
  Int'l Union of Bricklayers
civil08/01/2013Final
 Opinion
Williams
12-2769USA v.
  Patrick Davis
criminal08/01/2013Final
 Opinion
Manion
12-3348Markith Williams v.
  Christopher Dieball
civil08/01/2013Final
 Opinion
Williams
12-3447Anthony Hill v.
  Daniel M. Tangherlini
civil08/01/2013Final
 Opinion
Williams
12-3561Andriy Yasinskyy v.
  Eric Holder, Jr.
agency08/01/2013Final
 Opinion
Williams
12-3704Pactiv Corporation v.
  Reynolds Group Holdings Limite
civil08/01/2013Final
 Opinion
Easterbrook
12-3804Pactiv Corporation v.
  Chad Rupert
civil08/01/2013Final
 Opinion
Easterbrook
12-3884USA v.
  Tajudeen Rabiu
criminal08/01/2013Final
 Opinion
Manion

Eighth Circuit (from site):

122219P.pdf  08/01/2013  Juan Armenta-Lagunas  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:   12-2219
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Loken and Colloton, Circuit Judges] 
   Petition for Review - Immigration. The BIA did not err in concluding that 
   petitioner's Nebraska conviction for witness tampering was an aggravated 
   felony subjecting petitioner to removal under 8 U.S.C. Sec. 
   1227(a)(2)(A)(iii). 
  
122822P.pdf  08/01/2013  Petco Animal Supplies Stores  v.  Insurance Co. of North America
   U.S. Court of Appeals Case No:   12-2822
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Wollman and Bye, Circuit Judges] 
   Civil case - Insurance. The district court did not err in finding that 
   defendant was not obligated to defend or indemnify plaintiff in its 
   underlying litigation with a customer who suffered losses in a fire 
   started by an aquarium heater sold by plaintiff, as plaintiff failed to 
   show that the heater complied with any mandatory or voluntary safety 
   standards, a condition precedent to coverage. 
  
122948P.pdf  08/01/2013  United States  v.  Joey Smith
   U.S. Court of Appeals Case No:   12-2948
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Per Curiam - Before Shepherd, Beam and Melloy, Circuit 
   Judges] 
   Criminal case - Criminal law. Incorrect date on search warrant was a 
   "technicality issue" that did not invalidate the warrant, and the 
   magistrate's error in completing the warrant did not defeat probable 
   cause; evidence was sufficient to support defendant's drug and gun 
   convictions. 
  
136003P.pdf  08/01/2013  Charles W. Ries  v.  Michael Calandrillo
   U.S. Court of Appeals Case No:   13-6003
   U.S. Bankruptcy Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Nail, Author, with Federman, Chief Judge, and Saladino, 
   Bankruptcy Judge] 
   Bankruptcy Appellate Panel. Bankruptcy court did not err in allowing 
   trustee's amended complaint to relate back to the date of the original 
   complaint as the original complaint was timely and Calandrillo was aware 
   of the adversary proceeding; further, Calandrillo knew or should have 
   known that he would have been named as defendant but for a mistake as to 
   the proper party; $65,000 payment made to defendant's lawyers in trust for 
   plaintiff was not a contemporaneous exchange within the meaning of 11 
   U.S.C. Sec. 547(c)(1), or a payment made in the ordinary course of 
   business within the meaning of 11 U.S.C. Sec. 547(c)(2)(A), and the court 
   did not err in ordering Calandrillo to return the funds to the trustee 
   under 11 U.S.C. Sec. 547(b). 

Ninth Circuit:

LAWRENCE V. HOLDER
GLENN TIBBLE V. EDISON INTERNATIONAL
USA V. VICTOR VALENZUELA-ARISQUETA

Tenth Circuit:

Click here to download as an Acrobat PDF 13-6042  United States v. Hodge

Eleventh Circuit:

Jeffery Lee v. Commissioner, Alabama Department of Corrections

Federal Circuit:

KERNEA v. SHINSEKI 

Apologies for the "short-form," folks.  It's as unrewarding to write as it is to read.  Working back towards long-form.

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Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.