Sunday, February 10, 2013

Fifth Circuit -- Thomas Abraham v. Alpha Chi Omega, et al

Trademark.

Thomas Abraham v. Alpha Chi Omega, et al

Fifth Circuit -- Kenneth Kinkade v. Irene Kinkade

Debt to common-law ex is not dischargeable in bankruptcy,

Kenneth Kinkade v. Irene Kinkade

Fifth Circuit -- USA v. Nelfin Zelaya-Rosales

Unannounced upward departure from sentencing guidlelines harmelss error as aggrivating factors had been spelled out.

USA v. Nelfin Zelaya-Rosales

Fourth Circuit -- Vitol, S.A. v. Capri Marine, Ltd.

When plaintiff opts for commercial as opposed to admiralty remedy in foreign forum, remedy in admiralty is still available in US courts.

Supplemental Rule B (permitting attachment) was correctly employed.

Attachment standard of pleading can differ from 12(b)6 standard.

Conclusory assertion of nefarious puppetry is insufficient to establish alter ego to pierce the veil at pleading.

Vitol, S.A. v. Capri Marine, Ltd.

Fourth Circuit -- Bruce Bereano v. US

Coram Nobis denied for convicrion predicated on Skilling-type fraud, as second theory of the fraud was proven by sufficient evidencem, and the finder of fact could not have convicted under one without convicting under the other.

Bruce Bereano v. US

First Circuit -- Kelley v. Correctional Medical Services

ADA action for retalitatory termination -- employers action might have been a disingenuous overreaction.

Kelley v. Correctional Medical Services 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.