Nnth Circuit -- USA V. CHARLES YI

As deft commented on the likelihood of the dangerous compound being in the building the first time that he walked through it, no error in the court's willful blindness instruction.

No error in willful blindness instruction referencing simple carelessness.

No error in imposing sentencing bump for risk of harm to unprotected workmen.

As deft directed the renovations, and wasn't just the check signer, no error in imposition of leader sentencing bump.

USA V. CHARLES YI

Ninth Circuit -- ERIC PETZSCHKE V. CENTURY ALUMINUM COMPANY

Tracing of shares to specific issue doesn't state a claim where aftermarket shares were purchased from a company in a de facto joint venture with the issuing entity -- the company might have had other holdings of the stock.

Traceability speaks to statutory standing under S11, not Article III standing.

ERIC PETZSCHKE V. CENTURY ALUMINUM COMPANY

Ninth Circuit -- FREEMAN INVESTMENTS, L.P. V. PACIFIC LIFE INSURANCE COMPANY

Exlcusive federal jurisdiction over securities fraud class-actions does not bar state suit where the plaintiff is arguing a point of contract interpretation and good faith/fair dealing, and not scienter for fraud.

Claim was in connection with the purchase or sale of securities, as the insurer used the income from policyholders to purchase securities.

Dismissal of class action with prejudice was error if individual claims were viable.

FREEMAN INVESTMENTS, L.P. V. PACIFIC LIFE INSURANCE COMPANY

Ninth Circuit -- USA V. ROBERT PLEASANT

As Petitioner was sentenced under the Career Offender provisions of the drug law subsequently amended by the Fair Sentencing Act, the sentence was based on the amended provision despite a reference in the plea agreement to a non-amended portion of the Act.

The reference to the non-amended provision, however, establishes it as the applicable range as distinct from the agreed-upon range, foreclosing any revisiting of the sentence, as the applicable range wasn't amended.

USA V. ROBERT PLEASANT

Eighth Circuit -- RaShina Young v. Michael J. Astrue

ALJ developed record sufficiently by considering skills generally needed for the task without reference to findings of specific injuries and incapacities of Petitioner.

Dissent: Nope.


RaShina Young  v.  Michael J. Astrue

Eighth Circuit -- Dennis Siegel v. Connecticut General Life Ins.

Claim fiduciary appointment was appropriately executed by the terms of the plan.

Administrator did not abuse discretion in denying benefits absent proof that depression had disabled the claimant.

As there was no material evidence of bias, court did not abuse discretion in denying deposition of plan expert.

Dennis Siegel  v.  Connecticut General Life Ins.

Seventh Circuit -- Peter Poole, III v. Debbie Issacs

[This case is listed as posting today,but in fact was posted and summarized a few days ago.]

Seventh Circuit -- Neil Aslin v. Financial Industry

As agency designation of broker as being from a restricted firm  is no longer in force, the claim is moot.

No reasonable expectation that this plaintiff will be subject to the same designation, so the situation is not capable of repetition yet evading review.

Neil Aslin v. Financial Industry

Sixth Circuit -- Sheryl Taylor v. Timothy Geithner

Congress has not explicitly waived sovereign immunity for Title VII Breach of Settlement claims -- relevant administrative regulation does not specify any Article III remedy.

Fifty-two job applications (denied) coeval with the protected activity is sufficient to create a justiciable issue of retaliation.

Concur/dissent - No proof that plaintiff was qualified for jobs or suffered harm by the denial, no hard proof of adverse action within time period.  Temporal proximity alone not enough to establish causation.


Sheryl Taylor v. Timothy Geithner

Fourth Circuit -- US v. Prentiss Watson

Three hour warant-less detention in convenience store after protective sweep while police waited for warrant was a violation of 4A.

As there was no break in the causal chain from the illegal arrest, Mirandized statements should have been excluded. 

Not harmless.

Dissent: Detention was reasonable under Summers.


US v. Prentiss Watson

Fourth Circuit -- US v. Giuseppe Pileggi

Where appeals court vacates the sentence but not the restitution lower court normally does not have jurisdiction to alter the restitution amount.

As the government had means and incentive to contest restitution on appeal, restitution cannot be adjusted on remand absent instructions from the court of appeals.

Concurrence in J: General remand allows general revision of sentence, this was a specific remand.

US v. Giuseppe Pileggi

First Circuit -- Wu v. Holder

Ineffective Assistance and Due Process claims waived for not being raised during administrative proceeding.

As regulation at time of letter's receipt held that date-stamp was sufficient proof of time of receipt, and petitioner has not offered sufficient proof to establish a claim of clerical mistake, date-stamp establishes claim as untimely.

Wu v. Holder