| 2013/08/21 | 11-2130P.01A | 11-2130 | US v. McDonough District of Massachusetts, Boston |
| 2013/08/21 | 11-2130P.01A | 11-2163 | US v. DiMasi District of Massachusetts, Boston |
| 2013/08/21 | 12-1022P.01A | 12-1022 | Ortiz-Bonilla v. Federacion de Ajedrez de PR District Court of Puerto Rico, San Juan |
| 2013/08/21 | 12-2018P.01A | 12-2018 | Guerrero v. Holder, Jr. Board of Immigration Appeals (BIA) |
| 2013/08/22 | 12-2523E.01A | 12-2523 | Ballardo Castro v. Holder Board of Immigration Appeals (BIA) |
Second Circuit:
| Balintulo v. Daimler AG | 08-21-2013 | OPN |
| Unclaimed Property Recovery Service, Inc. v. Kaplan | 08-20-2013 | OPN |
| United States v. Stokes | 08-20-2013 | OPN |
Third Circuit:
Filed 08/22/13, No. 12-2823
Ashley Gager v. Dell Fin Ser
USDC for the Middle District of Pennsylvania
Filed 08/21/13, No. 12-3864
Tarik Rachak v. Attorney General United States
Agency
Filed 08/21/13, No. 12-2621
Gabriel Carrera v. Bayer Corp
USDC for the District of New Jersey
Filed 08/21/13, No. 12-2621
Gabriel Carrera v. Bayer Corp
USDC for the District of New Jersey
Filed 08/21/13, No. 12-2012
USA v. Robert Stinson, Jr.
USDC for the Eastern District of Pennsylvania
Filed 08/21/13, No. 11-4406
USA v. EME Homer City Generation, L.P
USDC for the Western District of Pennsylvania
Filed 08/20/13, No. 12-4216
Kristie Bell v. Cheswick Generating Station Ge
USDC for the Western District of Pennsylvania
Filed 08/20/13, No. 12-2059
Trinity Ind Inc v. Chicago Bridge & Iron Company
USDC for the Western District of Pennsylvania
Fourth Circuit:
136254.P Gordon Miller v. US (Floyd 08/21/2013)
Published opinion after argument: Vacated and remanded
Habeas Corpus-Federal (WDNC Conrad)
________________________________
Fifth Circuit:
| 07-70031 | 8/21/2013 | Nelson Gongora v. Rick Thaler, Director |
| 08-70015 | 8/21/2013 | Scott Panetti v. William Stephens, Director |
| 08-70016 | 8/21/2013 | Scott Panetti v. William Stephens, Director |
| 11-50932 | 8/21/2013 | Department of Texas, et al v. Texas Lottery Commis |
| 12-10677 | 8/21/2013 | Liberty Mutual Insurance Co. v. USA by Lamesa Nati |
| 12-20314 | 8/21/2013 | USA, ex rel. Leslie Steury v. State of California, |
| 12-20430 | 8/20/2013 | USA v. Ade Lawrence, et al |
| 12-40530 | 8/21/2013 | USA v. Jose Garza |
| 13-30094 | 8/21/2013 | Diamond Young, et al v. USA |
Sixth Circuit:
| 13a0238p.06 | 10-2537 | 2013/08/20 | In re: Cyberco Holdings v. U.S. Bankruptcy Court - Grand Rapids |
| 13a0239p.06 | 12-4508 | 2013/08/20 | USA v. Damon Joiner Northern District of Ohio at Cleveland |
| 13a0240p.06 | 11-3217 | 2013/08/20 | USA v. Thomas Greco, Jr. Northern District of Ohio at Cleveland |
| 13a0241p.06 | 12-3166 | 2013/08/20 | USA v. Terrance Walker Southern District of Ohio at Cincinnati |
| 13a0241p.06 | 12-3167 | 2013/08/20 | USA v. Terrance Walker Southern District of Ohio at Cincinnati |
| 13a0243p.06 | 13-0101 | 2013/08/20 | Dwayne Miedzianowski v. City of Clare Eastern District of Michigan at Bay City |
| 13a0244p.06 | 12-2536 | 2013/08/21 | American Civil Liberties Union v. FBI Eastern District of Michigan at Detroit |
Seventh Circuit:
| 11-3086 | Miguel Rosiles-Camarena v. Eric Holder, Jr. | agency | 08/21/2013 | Final Opinion | Easterbrook |
| 12-1349 | Richard Sharif v. Wellness International Networ | bankruptcy from district court | 08/21/2013 | Final Opinion | Tinder |
| 12-1988 | TKK USA, Incorporated v. Safety National Casualty Corp | civil | 08/21/2013 | Final Opinion | Hamilton |
| 12-2091 | TKK USA, Incorporated v. Safety National Casualty Corp | civil | 08/21/2013 | Final Opinion | Hamilton |
| 12-2540 | Louis Capra v. Cook County Board of Review | civil | 08/21/2013 | Final Opinion | Hamilton |
| 12-2848 | Satkar Hospitality, Incorporat v. Cook County Board of Review | civil | 08/21/2013 | Final Opinion | Hamilton |
| 12-3116 | Satkar Hospitality, Incorporat v. Larry Rogers | civil | 08/21/2013 | Final Opinion | Hamilton |
| 12-3294 | Scottie Pippen v. NBCUniversal Media LLC | civil | 08/21/2013 | Final Opinion | Easterbrook |
| 12-2357 | Ronald McElvaney v. William Pollard | prisoner | 08/20/2013 | Final Opinion | Bauer |
| 12-2709 | Jaclyn Currie v. Jogendra Chhabra | civil | 08/20/2013 | Final Opinion | Wood |
Eighth Circuit:
122111P.pdf 08/20/2013 NLRB v. Relco Locomotives U.S. Court of Appeals Case No: 12-2111 and No: 12-2203 and No: 12-2447 and No: 12-2503 National Labor Relations Board [PUBLISHED] [Murphy, Author, with Wollman and Smith, Circuit Judges] Petition for Review - NLRB. In petition for review of two NLRB proceedings, RELCO Locomotives seeks review of two NLRB orders finding it unlawfully discharged a total of eight workers for engaging in protected labor activities and ordering reinstatement. Upon review of each employee's termination, substantial evidence supports the Board's labor law conclusions. After initial briefing RELCO raised issue challenging the Board's composition and claiming three members had been appointed in violation of the recess appointments clause of the U.S. Constitution. RELCO waived its challenge to the Board's composition because it did not raise the issue before the Board and therefore 29 U.S.C. sec. 160(e) bars this court from considering the issue. In addition, because the Board's decision was not "patently . . . outside the orbit" of the Board's authority nor were there any new developments of fact or law unavailable to RELCO during the original Board hearing, this case did not present extraordinary circumstances required for this court to reach the unpreserved argument. Judge Smith dissents on the recess appointment issue. 123077P.pdf 08/20/2013 Joseph H. Page v. Farm Credit Services, etc. U.S. Court of Appeals Case No: 12-3077 and No: 12-3078 U.S. District Court for the District of Nebraska - Omaha [PUBLISHED] [Melloy, Author, with Chief Judge Riley and Shepherd, Circuit Judges] Civil Case - Diversity - tort. Amended counterclaims asserting negligence, negligent misrepresentation, and breach of duty of fair dealing against Farm Credit Services of America by owners of Big Drive Cattle, LLC were properly dismissed. The negligence claim failed to assert any plausible duty requiring Farm Credit to provide them with accurate reports on the loan collateral; the negligent misrepresentation claim failed for lack of assertion of intent; and the breach of duty of good faith and fair dealing failed to plead sufficient specific facts to establish damages.
136016P.pdf 08/21/2013 Chelsea Conway v. National Collegiate Trust U.S. Court of Appeals Case No: 13-6016 U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Saladino, Author, with Kressel and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Bankruptcy court erred in determining debtor's student loans were not dischargeable as she established that her past and present financial resources have been and are presently clearly insufficient to service the entire debt while maintaining a minimum standard of living, and there is no evidence to show she may have the possibility of earning a higher income in the future; as a result, the matter must be remanded to the bankruptcy court to determine whether debtor's present disposable income, if any, over the course of an entire year is sufficient to service any of the individual loan payments due NCT. 136031P.pdf 08/21/2013 Patriot Coal Corporation v. Peabody Holding Company U.S. Court of Appeals Case No: 13-6031 U.S. Bankruptcy Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Kressel, Author, with Federman, Chief Judge, and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. While Heritage Coal's rejection of its collective bargaining agreement relieves it of its contractual obligation to pay benefits, it still has a statutory obligation to pay those benefits, at least until all of the steps of Section 1114 are complied with; upon rejection of a "me too" agreement under Section 1113, absent modification under Section 1114, Heritage was required to comply with the terms of the individual employer plan and provide its retirees those plan defined benefits; here, neither Heritage nor the United Mine Workers requested a modification under Section 1114; Peabody Holding's obligation for benefits is also undisturbed.113616P.pdf 08/22/2013 WFC Holdings Corporation v. United States U.S. Court of Appeals Case No: 11-3616 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Smith, Author, with Wollman and Murphy, Circuit Judges] Civil case - Federal Tax. Judgment of the district court, which held WFC was not entitled to a tax refund for a capital loss it claimed as a result of a complex transfer of leases and the sale of stock, is affirmed as WFC failed to adequately show that the transaction had either objective economic substance or a subjective, non-tax business purposes.Ninth Circuit:
Tenth Circuit:
Nothing published today, other days unknown.
Eleventh Circuit:
| Cathy Jackson-Platts v. General Electric Capital Corporation | 11-14379 | 8:10-cv-02937-VMC-TGW | 08-22-2013 | NEW | view |
| USA v., Alexander McQueen, et al | 12-10840 | 1:11-cr-20393-CMA-1 | 08-22-2013 | NEW | view |
| Nicole Maddox v. Babette Stephens | 12-15237 | 1:10-cv-02742-AT | 08-21-2013 | NEW | view |
| J.R. v. Michael Hansen | 12-14212 | 4:11-cv-00417-WS-CAS | 08-20-2013 | CER | view |
| USA v. Kareen Rasul Griffin | 11-15558 | 3:11-cr-00124-RBD-MCR-1 | 08-20-2013 | ORD | view |
DC Circuit:
Federal Circuit: