Limited Service Update

Still a few cases in the backlog from the DC Circuit & Federal Circuit last week.  TK.

MB

Federal Circuit -- ACCENT PACKAGING V LEGGETT & PLATT

Patent.

ACCENT PACKAGING V LEGGETT & PLATT 

Eleventh Circuit -- Terry Wayne Duckworth v. Allianz Life Insurance Company of North America, et al

Non-ERISA long-term disability benefits should be offset - the question is not whether a program mentioned in the statute in pari materia provides similar benifits, but whether the statute itself is similar.

Terry Wayne Duckworth v. Allianz Life Insurance Company of North America, et al

Eleventh Circuit -- Robin L. Williams, John Duncan Fordham v. USA

Collateral challenge to Honest Services fraud conviction -- Jury could not have used the later-overruled theory to convict, so no cause/prejudice sufficient for Habeas.

Robin L. Williams, John Duncan Fordham v. USA

Eleventh Circuit -- Aracelys C. Toro v. Secretary, U.S. Department of Homeland Security, et al.

Petitioner has no claim under Cuban Refugee Adjustment Act; no Equal Protection claim as there is a rational basis for the distinction under the statute.

Aracelys C. Toro v. Secretary, U.S. Department of Homeland Security, et al.

Ninth Circuit -- CENTER FOR BIOLOGICAL DIVERSIT V. KEN SALAZAR

Preliminary injunction appellate rulings did not create any law of the case relevant to the merits of final challenge to agency rulings.

Statute does not require a new plan of operations when re-starting closed mine.

No new NEPA filing required -- categorical exclusion applies.


CENTER FOR BIOLOGICAL DIVERSIT V. KEN SALAZAR

Eighth Circuit -- United States v. Glen Allen

Police had probable cause for Terry stop given the MJ-trafficking patterns observed -- police contention and District Court holding that speeding was the cause notwithstanding.

United States v. Glen Allen

Eighth Circuit -- Matt Luiken v. Domino's Pizza, LLC

Given variances in the transactions, certifying Dominos delivery drivers as a class to assert their right to the "delivery fee" was erroneous.

Matt Luiken v. Domino's Pizza, LLC

Seventh Circuit -- John Rutherford v. Judge & Dolph

Labor -- Where the union is not a necessary party to the suit against the employer, an action by plaintiff against both the union and the employer is not a hybrid action under the LMRA.

CBA had expired before the claim accrued.

John Rutherford v. Judge & Dolph

Seventh Circuit -- Pethinaidu Veluchamy v. FDIC

APA claim against FDIC - Corporate barred, as it (1) seeks monetary damages; (2) wasn't administratively exhausted; and (3) challenges actions taken as a regulator, which is not cognizable under the statute.

Pethinaidu Veluchamy v. FDIC

Seventh Circuit -- USA v. Eric Schuster

Crim -- Pr0n conviction affirmed as to substance & sentence.

USA v. Eric Schuster

Seventh Circuit -- Aaron Espenscheid v. DirectSat USA

Given complex proposed bifurcation scheme, class/collective de-certification was correct, says Posner.

Aaron Espenscheid v. DirectSat USA

Fourth Circuit -- Morgan Keegan & Company, Inc. v. Louise Silverman

FINRA arbitration terms do not attach when the deft merely provided counsel on the transaction -- they are not "customers."

Morgan Keegan & Company, Inc. v. Louise Silverman

Fourth Circuit -- US v. Rodney Williamson

Crim -- Issue is post-indictment, pre-arrest tapings with confidential informant.  Scotus remanded, holding that 6A right to counsel had attached on indictment.  District court affirmed conviction.  CA affirms here.

6A -- Although introduction of the recordings was plain error, it wasn't the kind of plain error that impacts substantial rights.

5A -- No coercion.

No right to counsel in Rule 33 "new evidence" proceedings.

US v. Rodney Williamson