Returning to normal

Quick summaries today DC, Fed & 112 TK.

Tenth Circuit -- United States v. Graham

Crack/cocaine sentencing

United States v. Graham

Tenth Circuit -- Tabor v. Hilti, Inc.

Title VII claim.

Tabor v. Hilti, Inc.

Tenth Circuit -- D.A. Osguthorpe Family Partner v. ASC Utah, Inc

Abstention.

D.A. Osguthorpe Family Partner v. ASC Utah, Inc

Tenth Circuit -- Dill Oil Company, LLC v. Stephens

Bankruptcy.

Dill Oil Company, LLC v. Stephens

Ninth Circuit -- USA V. JUAN VIDAL-MENDOZA

Where IJ tells petitioner that he is apparently not eligible for relief, and relief is later available through post-conviciton change in law, no error.

[Check us on this - not sure, quick read.]

USA V. JUAN VIDAL-MENDOZA

Ninth Circuit -- JONATHAN GENTRY V. STEPHEN SINCLAIR

Extensive denial of death penalty habeas.

[thou shalt not kill.  -MB]

JONATHAN GENTRY V. STEPHEN SINCLAIR

Ninth Circuit -- KAREN WILSON V. CIR

Tax Court can review evidence outside the record.

Dissent - Nope, as it's an APA review.

KAREN WILSON V. CIR

Ninth Circuit -- USA V. MATTHEW JENSEN

Sentence for not appearing for sentencing after revocation of supervised release is determined by the underlying crime, not the crime for which supervised release was revoked.

USA V. MATTHEW JENSEN

Ninth Circuit -- USA V. GARY HARDEMAN

Even where state duty-to-register law is ex post facto, no error in federal conviction for committing crimes while under a duty to register.

USA V. GARY HARDEMAN

Eighth Circuit -- Hallmark Cards v. Janet Murley

Though normally, court must explicitly find bad faith and prejudice before issuing adverse inference instruction, here it was sufficiently plain that the error was harmless.

Lower court erred in putting plaintiff in a better position than they otherwise would have been had deft not breached employment agreement.

Hallmark Cards  v.  Janet Murley

Eighth Circuit -- United States v. Carlous Lindell Daily

District court can sua sponte recognize plain error that restricts a substantial right and consider it in sentencing.

United States  v.  Carlous Lindell Daily

Eighth Circuit -- Michael Argenyi v. Creighton University

Med school must accomodate deaf student under ADA.

Michael Argenyi  v.  Creighton University

Eighth Circuit -- Christopher Freitas v. Wells Fargo Home Mortgage, Inc

Fraudulent misrepresentation and estoppel claims not enough to state a claim.

Christopher Freitas  v.  Wells Fargo Home Mortgage, Inc

Eighth Circuit -- United States v. Christopher Grant

Court must provide rationale for (within guidelines) change in sentence at resentencing.

United States  v.  Christopher Grant

Eighth Circuit -- United States v. Raymond Standafer

No substantive error in sentence.

United States  v.  Raymond Standafer

Eighth Circuit -- James Stickley v. Karl Byrd

No constitutional violation in denial of toilet paper.

James Stickley  v.  Karl Byrd

Eighth Circuit -- City of Duluth v. Fond Du Lac Band of Chippewa

Agency adjudication represents a change in the law for purposes of Rule 60B.

City of Duluth  v.  Fond Du Lac Band of Chippewa

Seventh Circuit -- On Command Video Cor v. Samuel Roti

Fraud and veil-piercing issues were independent enough to allow for an appeal after an order resolving only one of them.

As debtor wasn't using the corporate foprm to shield assets in which he had an interest, the veil shall not be pierced.

Creditor was on notice gioven flagged checks.

On Command Video Cor v. Samuel Roti

Sixth Circuit -- USA v. Ernest Catchings

Sentencing court erred in including credit cards possibly legitimately opened as part of the fraud.

[Quick summaries today, BTW.  Entertainment purposes only, as always.]

USA v. Ernest Catchings 

Sixth Circuit -- Gillian Miller v. Countrywide

No abuse of discretion in denying class certification.

Gillian Miller v. Countrywide 

Sixth Circuit -- Djelika Camara v. Eric Holder, Jr.

Immigration -

Court will not review denial of derivative protection from removal.

Djelika Camara v. Eric Holder, Jr. 

Sixth Circuit -- Lawrence Glazer v. Chase Home Finance, LLC

Mortgage foreclosure is debt collection under FDCPA

Lawrence Glazer v. Chase Home Finance, LLC 

Sixth Circuit -- Susan Stricker v. Twp. Of Cambridge

Summary Judgment for defts on S1983 claims upheld.

Susan Stricker v. Twp. Of Cambridge 

Fourth Circuit -- Total Realty Management, LLC v. R. A. North Development, Incorporated

You can't ask for contribution before you're liable on the indemnification.

Total Realty Management, LLC v. R. A. North Development, Incorporated

Third Circuit -- Mandel v. M&Q Packaging Corp

Title VII hostile workplace claim.

Mandel v. M&Q Packaging Corp

Third Circuit (1/14) -- CMR DN CORP and Marina Towers v. City of Philadelphia

Change in zoning ordinance moots claim based on arbitrariness of ordinance.

No error in denying leave to amend, as the gravamen of the suit was spot-on with the change.

CMR DN CORP and Marina Towers v. City of Philadelphia

Third Circuit -- USA v. Issa Diallo

Intended Loss for purposes of sentencing is not always the limit of the credit card in question.

USA v. Issa Diallo

Third Circuit -- Robert Jenkins v. Superintendent Laurel Highland

Proceduaral motion that might or might not have been decided on the merits suffices for a statutory AEDPA toll.

Robert Jenkins v. Superintendent Laurel Highland

Third Circuit -- PG Publishing Co v. Carol Aichele

Press has no First Amendment or Equal Protection right to access polling places.

PG Publishing Co v. Carol Aichele

Second Circuit -- Shabaj v. Holder

District Court does not have jurisdiction under APA or INA to review immigration Admissibility decisions.

Shabaj v. Holder

Second Circuit -- USA v. Gomez

No plain error in exclusion of deft's family from the courtroom during voir dire.

No error when defense counsel doesn't formally state that the defense is resting at the close of the case.

Admission of statements from pretrial discussions did not violate proffer agreement or Rule 410.

USA v. Gomez

First Circuit -- American Civil Liberties Union v. United States Conference

Establishment Clause challenge to HHS funds to sectarian relief group.

Moot, as contract is up, new contract made, and no relief is possible.

Not voluntary cessation, as there was a reason unrelated to the litigation.

Not capable/evading, as the exception is too narrow to capture this case.


American Civil Liberties Union v. United States Conference 

First Circuit -- US v. Maryea

No violation of Speedy Trial Act given delays from co-deft.

No error in not oprdering competency evaluation after injury during the trial.

No variance from indictment.



US v. Maryea 

First Circuit -- Latin American Music Co., Inc. v. Media Power Group, Inc.

Copyright challenge

Sufficiency of Evidence claim procedurally defaulted.

Sending issue of ownership top the jury after resolution earlier at summary judgment was not error, as the court treated the question as a live one throughout.

Argument that the earlier court decided case without considering late-submitted evidence does not bar collateral estoppel from binding.

No error in decision on proof of song registration paperwork.


Latin American Music Co., Inc. v. Media Power Group, Inc.