| 2013/08/15 | 12-1178E.01A | 12-1178 | Portugues-Santana v. Rekomdiv International, Inc. District Court of Puerto Rico, San Juan |
| 2013/08/15 | 13-1102E.01A | 13-1102 | Khan v. Holder Board of Immigration Appeals (BIA) |
| 2013/08/16 | 11-2479P.01A | 11-2479 | US v. Pabellon-Rodriguez District Court of Puerto Rico, San Juan |
| 2013/08/16 | 11-2479P.01A | 11-2492 | US v. Carrasquillo-Rodriguez District Court of Puerto Rico, San Juan |
| 2013/08/16 | 12-1175P.01A | 12-1175 | Gross v. Sun Life Assurance Company of District of Massachusetts, Boston |
| 2013/08/16 | 12-2002P.01A | 12-2002 | Garcia-Rubiera v. Fortuno District Court of Puerto Rico, San Juan |
| 2013/08/16 | 12-2485P.01A | 12-2485 | Demelo v. U.S. Bank National Association District of Massachusetts, Boston |
| 2013/08/16 | 12-2523P.01A | 12-2523 | Ballardo Castro v. Holder Board of Immigration Appeals (BIA) |
| 2013/08/19 | 12-1513P.01A | 12-1513 | US v. Diaz-Maldonado District Court of Puerto Rico, San Juan |
Second Circuit:
| In re: Barclays Bank PLC Security | 08-19-2013 | OPN |
| Blue Ridge Investments, L.L.C. v. Republic of Argentina | 08-19-2013 | OPN |
| Simon v. City of New York, et al. | 08-16-2013 | OPN |
| Dongguk University v. Yale University | 08-15-2013 | OPN |
Third Circuit:
Filed 08/19/13, No. 12-4031
David Bell v. SEPTA
USDC for the Eastern District of Pennsylvania
Filed 08/19/13, No. 12-2767
Nizar Al-Sharif v. USCIS
USDC for the District of New Jersey
Filed 08/16/13, No. 13-2812
Jeffry Vodenichar v. Halcon Energy Properties Inc
USDC for the Western District of Pennsylvania
Filed 08/15/13, No. 12-1620
Jose Verde-Rodriguez v. Attorney General United States
Agency
Filed 08/15/13, No. 12-1460
USA v. Claudia Marquez Moreno
Fourth Circuit:
| 134200.U | 13-4200 | 2013/08/15 | US v. Judy Lassiter |
| 131044.U | 13-1044 | 2013/08/16 | Thomas Kulish v. Rite Aid Corporation and Ecker |
| 134033.U | 13-4033 | 2013/08/16 | US v. Osciel Estrada |
| 134157.U | 13-4157 | 2013/08/16 | US v. Curtis Davis |
| 134043.U | 13-4043 | 2013/08/19 | US v. Trevor Reed |
Fifth Circuit:
| 12-20440 | 8/15/2013 | John Hall, et al v. Variable Annuity Life Ins Co., |
| 12-30791 | 8/15/2013 | Medco Energi US, L.L.C. v. Sea Robin Pipeline Co., |
| 12-40750 | 8/15/2013 | Christy Carty v. Texas Dept of Public Safety |
| 12-50534 | 8/16/2013 | Abigail Ransom, et al v. M. Patel Enterprises, Inc |
| 12-50839 | 8/16/2013 | USA v. Juvenal Ambriz |
Sixth Circuit:
| 13a0230p.06 | 12-3197 | 2013/08/15 | Leslie Ward v. Eric Holder, Jr. Board of Immigration Appeals |
| 13a0231p.06 | 12-1027 | 2013/08/15 | Kindred Nursing Centers East, v. NLRB National Labor Relations Board |
| 13a0231p.06 | 12-1174 | 2013/08/15 | Kindred Nursing Centers East, v. NLRB National Labor Relations Board |
| 13a0232p.06 | 12-1231 | 2013/08/15 | Paul Mendel v. City of Gibraltar Eastern District of Michigan at Detroit |
| 13a0233p.06 | 12-3069 | 2013/08/15 | Rockies Express Pipeline, LLC v. 4.895 Acres of Land, More or Less Southern District of Ohio at Columbus |
| 13a0229a.06 | 12-5386 | 2013/08/15 | Jackson Brumley v. Albert Brumley & Sons, Inc. Middle District of Tennessee at Nashville |
| 13a0230p.06 | 12-3197 | 2013/08/15 | Leslie Ward v. Eric Holder, Jr. Board of Immigration Appeals |
| 13a0231p.06 | 12-1027 | 2013/08/15 | Kindred Nursing Centers East, v. NLRB National Labor Relations Board |
| 13a0231p.06 | 12-1174 | 2013/08/15 | Kindred Nursing Centers East, v. NLRB National Labor Relations Board |
| 13a0232p.06 | 12-1231 | 2013/08/15 | Paul Mendel v. City of Gibraltar Eastern District of Michigan at Detroit |
| 13a0233p.06 | 12-3069 | 2013/08/15 | Rockies Express Pipeline, LLC v. 4.895 Acres of Land, More or Less Southern District of Ohio at Columbus |
| 13a0229p.06 | 12-5386 | 2013/08/15 | Jackson Brumley v. Albert Brumley & Sons, Inc. Middle District of Tennessee at Nashville |
| 13a0230p.06 | 12-3197 | 2013/08/15 | Leslie Ward v. Eric Holder, Jr. Board of Immigration Appeals |
| 13a0231p.06 | 12-1027 | 2013/08/15 | Kindred Nursing Centers East, v. NLRB National Labor Relations Board |
| 13a0231p.06 | 12-1174 | 2013/08/15 | Kindred Nursing Centers East, v. NLRB National Labor Relations Board |
| 13a0232p.06 | 12-1231 | 2013/08/15 | Paul Mendel v. City of Gibraltar Eastern District of Michigan at Detroit |
| 13a0233p.06 | 12-3069 | 2013/08/15 | Rockies Express Pipeline, LLC v. 4.895 Acres of Land, More or Les Southern District of Ohio at Columbus |
| 13a0234p.06 | 11-1959 | 2013/08/16 | Jerry Vandiver v. Prison Health Services, Inc. Western District of Michigan at Grand Rapids |
| 13a0235p.06 | 12-6349 | 2013/08/16 | American Bank, FSB v. Cornerstone Community Bank Eastern District of Tennessee of Chattanooga |
| 13a0234p.06 | 11-1959 | 2013/08/16 | Jerry VanDiver v. Prison Health Services, Inc. Western District of Michigan at Grand Rapids |
| 13a0235p.06 | 12-6349 | 2013/08/16 | American Bank, FSB v. Cornerstone Community Bank Eastern District of Tennessee of Chattanooga |
| 13a0236p.06 | 11-5773 | 2013/08/16 | Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville |
| 13a0236p.06 | 11-5793 | 2013/08/16 | Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville |
| 13a0234p.06 | 11-1959 | 2013/08/16 | Jerry Vandiver v. Prison Health Services, Inc. Western District of Michigan at Grand Rapids |
| 13a0235p.06 | 12-6349 | 2013/08/16 | American Bank, FSB v. Cornerstone Community Bank Eastern District of Tennessee of Chattanooga |
| 13a0236p.06 | 11-5773 | 2013/08/16 | Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville |
| 13a0236p.06 | 11-5793 | 2013/08/16 | Martin County Coal Corporation v. Universal Underwriters Ins. Eastern District of Kentucky at Pikeville |
Seventh Circuit:
| 10-3842 | Deborah Cooney v. Rhonda Casady | civil | 08/19/2013 | Final Opinion | Tinder |
| 11-1757 | Deborah Cooney v. Rhonda Casady | civil | 08/19/2013 | Final Opinion | Tinder |
| 12-3121 | Norman Green, Jr. v. Peter Huibregtse | prisoner | 08/19/2013 | Final Opinion | Easterbrook |
| 08-1641 | Andrew Obriecht v. Brian Foster | prisoner | 08/16/2013 | Final Opinion | Ripple |
| 11-3655 | Tatsiana Boika v. Eric Holder, Jr. | agency | 08/16/2013 | Final Opinion | Hamilton |
| 12-2765 | USA v. Tyrone Kirklin | criminal | 08/16/2013 | Order Correcting Opinion | PerCuriam |
| 12-3342 | Westmoreland County Employee R v. Robert Parkinson, Jr. | civil | 08/16/2013 | Final Opinion | Wood |
| 12-3571 | Frey Corporation v. City of Peoria, Illinois | civil | 08/16/2013 | Final Opinion | Tinder |
| 12-3726 | USA v. Patrick Evans | criminal | 08/16/2013 | Final Opinion | Wood |
| 12-3768 | Healix Infusion Therapy, Incor v. HHI Infusion Services | civil | 08/16/2013 | Final Opinion | Easterbrook |
| 13-1009 | James J. Kaufman v. Jeffrey Pugh | prisoner | 08/16/2013 | Final Opinion | Wood |
| 11-1837 | USA v. James A. Simon | criminal | 08/15/2013 | Final Opinion | Rovner |
| 12-2765 | USA v. Tyrone Kirklin | criminal | 08/15/2013 | Final Opinion | Williams |
| 12-2969 | Wisconsin Resources Protection v. Flambeau Mining Company | civil | 08/15/2013 | Final Opinion | Ripple |
| 12-3434 | Wisconsin Resources Protection v. Flambeau Mining Company | civil | 08/15/2013 | Final Opinion | Ripple |
Eighth Circuit:
[ August 19, 2013 ] 121947P.pdf 08/19/2013 Mavis Hartman v. Brian Smith U.S. Court of Appeals Case No: 12-1947 and No: 12-2012 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Smith, Author with Melloy and Benton, Circuit Judges] Civil Case - Truth in Lending Act. Following a complicated financing transaction to borrow money to finance a house improvement, the Hartmans failed to make scheduled payments toward the contract for deed and the Smiths served a statutory notice of cancellation. The Hartmans sent notice to Prime Security Bank. Prime commenced foreclosure proceedings and the property was sold. The Hartmans brought suit for damages and rescission of all transactions under the Truth in Lending Act and brought state law claims. The district court concluded plaintiffs' notice was sufficient to exercise the TILA statutory right of rescission, granted summary judgment to Prime on the TILA rescission claim, dismissed the damages claims and dismissed the Hartmans as parties. The district court erred in concluding notice was sufficient to exercise the right of rescission under 15 U.S.C. sec. 1635. Noting a split in the circuits, this court joins the 9th and 10th Circuits in holding notice is not sufficient. Because plaintiffs failed to file a rescission action prior to the sale, the right of rescission expired upon the sale of the property. The district court properly dismissed the damages claim, the state law claims, and the Hartmans as parties. Judge Melloy concurs in the judgment. [ August 16, 2013 ] 122835P.pdf 08/16/2013 United States v. Abdirahman Mohamed U.S. Court of Appeals Case No: 12-2835 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Shepherd, Circuit Judge] Criminal case - Criminal law. Any Confrontation Clause violation in admitting an exhibit containing a translation of recorded calls in the absence of testimony from the actual translator was harmless beyond a reasonable doubt given the other evidence in the case; admission of the exhibit, which contained translations of parts of the conversations, did not violate Rule 106 as defendant failed to identify any other portions of the conversations which should have been translated even though he had the entire recording and time to obtain his own translation; permitting an FBI linguist to testify under a pseudonym did not violate defendant's Confrontation Clause rights as his attorney was given the linguist's real name and defendant had the information needed to cross-examine the witness regarding his qualifications and experience; evidence was sufficient to support defendant's conviction for food stamp fraud. 123017P.pdf 08/16/2013 Dale Peterson v. City of Florence U.S. Court of Appeals Case No: 12-3017 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Per Curiam - Before Loken, Bright and Bye, Circuit Judges] Civil case - Zoning. District court did not err in finding the City's zoning scheme was a valid content-neutral, time, place and manner regulation; the zoning scheme was narrowly tailored to serve a substantial government interest and plaintiff had reasonable alternative avenues in which he could operate an adult entertainment business despite the zoning ordinances. 123275P.pdf 08/16/2013 Timmy Jones v. United States U.S. Court of Appeals Case No: 12-3275 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Benton, Author, with Riley, Chief Judge, with Gruender, Circuit Judge] Civil case - Federal Tort Claims Act. The court has jurisdiction to determine whether the district court properly dismissed this case for lack of subject-matter jurisdiction; where plaintiff sued the VA for negligently failing to pay him benefits, resolution of the issue would require the district court to determine whether the VA acted negligently in making its benefits determinations; since judicial review of such decisions is foreclosed by 38 U.S.C. Sec. 511(a), the district court lacked subject-matter jurisdiction and properly dismissed the case. [ August 15, 2013 ] 123960P.pdf 08/15/2013 United States v. Jeremy Stevenson U.S. Court of Appeals Case No: 12-3960 U.S. District Court for the Southern District of Iowa - Davenport [PUBLISHED] [Colloton, Author, with Gruender and Benton, Circuit Judges] Criminal case - Criminal law. AOL was not a state actor when it scanned defendant's email for child pornography; defendant did not demonstrate a contested issue of fact warranting a hearing on the issue; district court did not err in quashing defendant subpoena duces tecum to AOL. Ninth Circuit:
Tenth Circuit: (Today's only)
12-2110 Carolina Casualty Insurance v. Nanodetex Corporation
Eleventh Circuit:
| Tina Marie Travaglio v. American Express Company, et al. | 11-15292 | 8:10-cv-01311-VMC-AEP | 08-19-2013 | NEW | view |
| Don Reinke, et al. v. Darby Bank & trust Co., et al. | 12-12292 | 4:11-cv-00144-WTM-GRS | 08-16-2013 | CON | view |
| Harris Baking Company v. Darby Bank & Trust Co, et al. | 12-12359 | 4:11-cv-00171-WTM-GRS | 08-16-2013 | CON | view |
| Jim Hunt v. FDIC, et al. | 12-12297 | 4:11-cv-00172-WTM-GRS | 08-16-2013 | CON | view |
| Robert M. Osborne, et al. v. FDIC, et al. | 12-12290 | 4:11-cv-00143-WTM-GRS | 08-16-2013 | CON | view |
| Stephanie Lindley v. FDIC, et al. | 12-12015 | 4:11-cv-00147-BAE-GRS | 08-16-2013 | NEW | view |
| USA v. John L. Yates | 11-16093 | 2:10-cr-00066-JES-SPC-1 | 08-16-2013 | NEW | view |
| USA v. Kenneth Lamar Madden | 11-14302 | 8:11-cr-00012-JDW-AEP-2 | 08-16-2013 | NEW | view |
| Warren Lokey v. FDIC, et al. | 12-12299 | 4:11-cv-00146-WTM-GRS | 08-16-2013 | CON | view |
| Clifford A. Zucker, et al. v. FDIC | 12-11392 | 10-02872-LMI | 08-15-2013 | NEW | view |
| Kevin Spencer v. USA | 10-10676 | 3:08-cv-00914-VMC-MCR, 3:06-cr-00349-VMC-MCR-1 | 08-15-2013 | NEW | view |
DC Circuit:
12-3018USA v. Darren Swangin
| 2013-08-19 | 13-1044 | CIT | ITOCHU BUILDING PRODUCTS v. US [OPINION] | Precedential |
| 2013-08-19 | 12-1196 | CIT | ASHLEY FURNITURE INDUSTRIES v. US [OPINION] | Precedential |
| 2013-08-19 | 13-1044 | CIT | ITOCHU BUILDING PRODUCTS v. US [ERRATA] | Precedential |
| 2013-08-19 | 2012-1196 | CIT | ASHLEY FURNITURE INDUSTRIES v. US [ERRATA] | Precedential |
| 2013-08-16 | 12-3157 | MSPB | JOSEPH GARGIULO v. DHS [OPINION] | Precedential |
| 2013-08-19 | 12-1540 | DCT | UNIVERSITY OF UTAH v. MAX-PLANCK-GESELLSCHAFT [OPINION] | Precedential |
| 2013-08-15 | 13-7014 | CAVC | BIRDEYE MIDDLETON v. SHINSEKI [OPINION] | Precedential |