Current M.O.

Around 2 or 3 PM every working day, we post quick summaries of and links to published decisions of the U.S. Circuit Courts of Appeal.  These are quick summaries, and are not to be relied upon for any purpose.  There is no guarantee that all decisions will be listed, or that the summaries will not be flat wrong.  This is quick work in bulk.  There is a (notably non-comprehensive) search function at the top of the page that can be used to find recent slip decisions referencing various topics in the law.  No part of this website is legal advice.

We make ye kindly welcome.

MB

Tenth Circuit -- Berneike v. CitiMortgage, Inc.

No error in District Court considering papers outside pleadings as the relevant data was included in papers incorporated into the pleadings.

Chevron deference to Agency rule requiring borrower complaints to go to a certain address.

State law claim properly dismissed, as there are better remedies and the statute's reach is unclear.  This discernible from state Supreme Court holdings, so no preemption issue.

No error in denial of leave to amend, as party did not provide the gist/drift of potential amendments to the claim.

Berneike v. CitiMortgage, Inc.

Ninth Circuit -- SONOMA COUNTY ASSOCIATION OF R V. SONOMA COUNTY

District Court should have granted leave to amend complaint for the purposes of establishing that a county created an implied contract to provide health benefits.

SONOMA COUNTY ASSOCIATION OF R V. SONOMA COUNTY

Ninth Circuit -- SHANNA KUXHAUSEN V. BMW FINANCIAL SERVICES NA LLC

As initial pleading in state class action was silent as to the loss sustained by individual class members, CAFA eligibility was not established, and the removal clock did not start ticking.

Pre-suit documents do no qualify for the statutory exception to rule that CAFAbility is established from the pleadings.

SHANNA KUXHAUSEN V. BMW FINANCIAL SERVICES NA LLC

Eighth Circuit -- United States v. Aaron Anderson, Jr.

As re-sentencing court's finding of facts was not clearly at odds with facts found in first proceeding, no error in denial of resentencing for crack/cocaine adjustment, given that the original offense could qualify for a higher minimum under the new rule.

United States v. Aaron Anderson, Jr.

Eighth Circuit -- Melvin Folkerts v. City of Waverly

Police contact and charging decisions as to mentally disabled petitioner insufficiently conscience-shocking for S1983 claim.

As this is a narrow range of facts, and there were no violations of rights established in the present claim, no claim against municipality for 'culture of indifference.'

Police adjustments to procedure sufficed for ADA/ Rehabilitation Act requirements.

Melvin Folkerts v. City of Waverly

Seventh Circuit -- Nazirmohammad I. Vah v. Eric H. Holder

Immigration / India

No error in Board holding that the sectarian violence in former country wasn't instigated by folks that the government was unwilling or unable to control.

Nazirmohammad I. Vah v. Eric H. Holder

Seventh Circuit -- USA v. Zhaofa Wang

No clear error in sentencing bump for false document production in excess of 100, although deft only handled 15 of the customers.

No clear error in denial of minor participant sentencing reduction, given scope of deft's knowledge.

USA v. Zhaofa Wang

Sixth Circuit -- Freedom From Religion Foundation v. City of Warren

Holiday display is government speech, and therefore pagan proposal was not impermissibly rejected.

No Establishment of religion involved.

 Freedom From Religion Foundation v. City of Warren 

Third Circuit -- Neal Crispin v. Commissioner of Internal Revenue

No clear error in Tax Court holding that a loan had no economic substance, as the deft never attempted to collect the proceeds and court findings on general credibility.

Penalty properly applied, as underreporting resulted from said insubstantiality.

Reliance on official opinion of no avail given the broad caveats in the opinion.

Neal Crispin v. Commissioner of Internal Revenue

First Circuit -- Brown v. State of RI

Prisoner claim should have been given a chance to amend, as opposed to summary dismissal.  Although the remedy was impossible, the harm might have been real.

Brown v. State of RI 

First Circuit -- US v. Fiume

As the underlying base crime ("wherefore base?") is generic, a sentencing bump fr an element also included in the base offense is not impermissible double counting.

US v. Fiume 

Milepost

Well, somewhere in the last few dozen posts, we passed 2,000 decisions.  And there was much rejoicing.

MB