"Deer in headlights" look justified pat-down.
USA v. Raphael Patton
Wednesday, January 30, 2013
Seventh Circuit -- USA v. Raphael Patton
Seventh Circuit -- Eugene Crane v. Travis Crowell
Citation served on judgment debtor is a lien on their bank accounts under Illinois law.
Eugene Crane v. Travis Crowell
Eugene Crane v. Travis Crowell
Sixth Circuti -- Vision Processing, LLC v. Christie Groves
Methods of proof and claim for pneumoconiosus. (A disease miners get.)
Vision Processing, LLC v. Christie Groves
Vision Processing, LLC v. Christie Groves
Fifth Circuit -- USA v. Mark Snarr, et al
Direct appeal of capital sentence -- jury selection; lesser-included offense; aggravating factors; Death Penalty Act unconstitutional; improper exclusion of victim character evidence; funds for investigators.
[Don't kill. MB]
USA v. Mark Snarr, et al
[Don't kill. MB]
USA v. Mark Snarr, et al
Fifth Circuit -- John Brown v. Natl Railroad Passenger Corp.
Expert testimony insufficiently validated under Daubert. Railway intersection sufficiently clear to justtfy summary judgment.
John Brown v. Natl Railroad Passenger Corp.
John Brown v. Natl Railroad Passenger Corp.
Fourth Circuit -- Ophelia De'Lonta v. Gene Johnson
Prisoner gender reassignment delay/denial sufficiently states a claim.
Ophelia De'Lonta v. Gene Johnson
Ophelia De'Lonta v. Gene Johnson
Third Circuit -- Association New Jersey Rifle a v. Governor of the State of New J
As state gun control law regulates, as opposed to prohibits, no preemption by Federal prohibition.
Gun paperwork not so onerous as to imperil lifelibertyproperty.
Association New Jersey Rifle a v. Governor of the State of New J
Gun paperwork not so onerous as to imperil lifelibertyproperty.
Association New Jersey Rifle a v. Governor of the State of New J
Third Circuit -- Randy Mulholland v. Government County of Berks
Rogue caseworker doesn't make county liable under S1983. Procedural & Substantive DP claims.
Randy Mulholland v. Government County of Berks
Randy Mulholland v. Government County of Berks
Third Circuit -- In Re: Diet Drugs
Whether Settlement Agreement barred a subsequent products liability suit. No duty on court to reform Settlement Agreement.
In Re: Diet Drugs
In Re: Diet Drugs
Second Circuit -- McCoy v. United States
Prevailing professional norms for Habeas Ineffective Assistance are those prevailing at the time of the decision. Later changes clarifying the law do not impose a retroactive duty on counsel to revisit his/her decisions.
McCoy v. United States
McCoy v. United States
Second Circuit -- Secrest v. Merck, Sharp & Dohme Corp.
Expert witness in product liability -- sham issue of fact doctrine under Florida law.
Secrest v. Merck, Sharp & Dohme Corp.
Secrest v. Merck, Sharp & Dohme Corp.
Second Circuit -- Kirkendall v. Halliburton, Inc.
ERISA -- where Plan participant reasonably interprets Plan as not requiring administrative exhaustion, participant not required to administratively exhaust. Also a plan-specific holding.
Kirkendall v. Halliburton, Inc.
Kirkendall v. Halliburton, Inc.
Second Circuit -- Mary Jo C. v. New York State and Local Retirement System et ano.
Title II of the ADA does not apply to employment discrimination. ADA standards can sometimes necessitate violating state law.
Mary Jo C. v. New York State and Local Retirement System et ano.
Mary Jo C. v. New York State and Local Retirement System et ano.
Second Circuit -- United States v. Dupree
State court order admissible - not hearsay - as it was offered to show that deft was on notice, not to prove the facts underlying the order. Also a verbal act.
United States v. Dupree
United States v. Dupree
Second Circuit -- Osterweil v. Bartlett
O'Connor pinch-hits, upholding certified question to NY Court of Appeals on handgun restrictions.
Osterweil v. Bartlett
Osterweil v. Bartlett
Second Circuit -- Garcia v. Hartford Police Dep’t
Racial discrimination, 1A rights of public officials -- matters o' public concern vel non.
Garcia v. Hartford Police Dep’t
Garcia v. Hartford Police Dep’t
First Circuit -- US v. Kravetz
Disclosure request for docs in pending criminal case. Sentencing memos are public documents. Other documents, not so much -- special need showing required.
US v. Kravetz
US v. Kravetz
First Circuit -- US v. Figueroa
First Circuit -- Gerald v. University of Puerto Rico
Discrimination -- Title VII, retaliation, discharge, state claims.
Gerald v. University of Puerto Rico
Gerald v. University of Puerto Rico
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