New Land Speed Record

Covering last two days -- quick glance summaries.  Don't even think about relying on this stuff.  We'll get back in the fast lane soon.  [/Gratuitous New Dr. Who reference]

MB

Federal Circuit -- STEPHENSON V. OPM

Agency erred in saying that benefit didn't have to be recalculated to account for cessation of SSA payments.

STEPHENSON V. OPM

Federal Circuit -- MERLIN INTERNATIONAL, INC. V. NAPOLITANO

Per curiam affirmed without opinion.

MERLIN INTERNATIONAL, INC. V. NAPOLITANO

Federal Circuit -- SHREVE V. SHINESKI

Per curiam affirmed without opinion.

 SHREVE V. SHINESKI

Federal Circuit -- ALLFLEX USA V. AVID IDENTIFICATION

50K "Appeal Consideration" payment not enough to make it a live controversy.  Ergo moot.

ALLFLEX USA V. AVID IDENTIFICATION

Eleventh Circuit -- United Fire and Casualty Company v. Whirlpool Corporation

District Court should not have excluded all of expert witness'  testimony.

United Fire and Casualty Company v. Whirlpool Corporation

Eleventh Circuit -- Solomon Sims, Jr. v. MVM, Inc.

Age Discrimination Act.

Solomon Sims, Jr. v. MVM, Inc.

Ninth Circuit -- RICHARD HURLES V. CHARLES L. RYAN

Habeas / judicial ethics.  When a judge is named in an interlocutory action and files a responsive pleading in that action, state court errs in allowing said judge to impose death penalty.

[Thou shalt not kill.  MB]

RICHARD HURLES V. CHARLES L. RYAN

Ninth Circuit -- USA V. DAMIEN ZEPEDA

Whether a tribe is federally recognized is a question of fact for the jury.

USA V. DAMIEN ZEPEDA

Ninth Circuit -- ANTHONY ALPHONSUS V. ERIC HOLDER, JR.

Immigration / Bangladesh

ANTHONY ALPHONSUS V. ERIC HOLDER, JR.

Ninth Circuit -- USA V. OSCAR GALLEGOS-GALINDO

Sexual offense a valid Immigration predicate under modified categorical approach.

USA V. OSCAR GALLEGOS-GALINDO

Ninth Circuit -- EDWARD FURNACE V. PAUL SULLIVAN

Prisoner claim -- there is a right to be free of pepper spray, there is quite possibly not a right to a vegetarian breakfast.

EDWARD FURNACE V. PAUL SULLIVAN

Ninth Circuit -- JOHN FAULKNER V. ADT SECURITY SERVICES, INC.

State claim removed to Federal Court has leave to amend to reach Iqbal threshold.

JOHN FAULKNER V. ADT SECURITY SERVICES, INC.

Eighth Circuit -- United States v. Carlos Ponce

Possession of meth not a lesser included of possession with intent to distribute.

[Party name ensures SCOTUS cert.]

United States  v.  Carlos Ponce

Seventh Circuit -- Wisconsin Education v. Scott Walker

In which the Wisconsin anti-union law is upheld.

Wisconsin Education v. Scott Walker

Seventh Circuit -- Linda Roddy v. Michael Astrue

Substantial evidence vel non on SSA decision.

Linda Roddy v. Michael Astrue

Seventh Circuit -- Yi Chen v. Eric Holder, Jr.

Immigration/ China.

Yi Chen v. Eric Holder, Jr.

Seventh Circuit -- USA v. Darrick Boroczk

Pr0n sentencing.

USA v. Darrick Boroczk

Seventh Circuit -- Asim Chaudhry v. Eric Holder, Jr.

Invasion of privacy claim for being filmed without consent.

Asim Chaudhry v. Eric Holder, Jr.

Seventh Circuit -- Alonzo Suggs v. USA

Whether a Habeas challenge filed after one collateral challenge that resulted in resentencing is second/successive if it only challenges underlying conviction.

Alonzo Suggs v. USA

Sixth Circuit -- Robert Stocker, II v. USA

Tax.

Robert Stocker, II v. USA 

Fifth Circuit -- ?

Range of opinions show as posted yesterday, but they look like they've all already been issued.

http://www.ca5.uscourts.gov/Opinions.aspx?View=Last7

Fourth Circuit -- US v. Antwan Jackson

Confrontation Clause exception for when deft makes the witness unavailable doesn't require that witness unavailability be the sole motive of deft's actions.

US v. Antwan Jackson

Fourth Circuit -- Center for Individual Freedom v. Natalie H. Tennant

1A challenge to state Campaign Finance statutes.

Center for Individual Freedom v. Natalie H. Tennant

Second Circuit -- Linde v. Arab Bank, PLC

No colateral jurisdiction over District Court discovery orders under Alien Tort Claims Act and Anti-Terrorism Act, Mandamus will not issue.

Linde v. Arab Bank, PLC

Second Circuit -- Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

New 2 Cir. test for whether there is a duty to bargain over certain terms referenced by CBA.

Rochester Gas & Elec. Corp. v. Nat’l Labor Relations Bd.

First Circuit -- US v. Rayner

No error in sentencing.

US v. Rayner

First Circuit -- US v. Armstrong

Whether 2A bars certain offenses from being valid predicate for sentencing purposes.

 US v. Armstrong 

First Circuit -- US v. Voisine

Brief per curiam on 2A.

US v. Voisine 

First Circuit -- Global Naps, Inc. v. Verizon New England, Inc.

Injunction preserving assets of troubled company.

Global Naps, Inc. v. Verizon New England, Inc. 

First Circuit -- US v. Matias

Crim - evidence, bad statements in closing.

 US v. Matias 

First Circuit -- Boston Gas Company v. Century Indemnity Company

Insurance coverage for environmental cleanup

Boston Gas Company v. Century Indemnity Company 

First Circuit -- Khattak v. Holder, Jr.

Immigration.

Khattak v. Holder, Jr. 

First Circuit -- Colby v. Union Security Insurance Compa

Insurance coverage for disability.

Colby v. Union Security Insurance Company