DC Circuit -- American Electric Power Serv. v. FCC

Agency decision upheld as consistent with statute and precedent, and more rational than previous policy.

American Electric Power Serv. v. FCC

Eleventh Circuit -- Luis W. LeBron v. Secretary, Florida Departtment of Children and Families

No error in preliminary injunction barring suspicion-less drug testing for government assistance recipients.

Concurrence: Injuction only -- state's rational basis is not a sufficient justification for the 4A violation.

Luis W. LeBron v. Secretary, Florida Departtment of Children and Families

Eleventh Circuit -- Flintlock Construction Services, LLC v. American Safety Risk Retention Group, Inc., et al.

Motion for summary judgment not a basis for amending complaint without leave.

Flintlock Construction Services, LLC v. American Safety Risk Retention Group, Inc., et al.

Tenth Circuit -- Stewart Title v. Dude

Where loan application requires disclosure of prior loans, and applicant does not disclose a prior loan, a separate area of the form excepting certain loans doesn't bar justifiable reliance by the lender on applicant's omission in the first area.  Nor does faulty recordation.

Stewart Title v. Dude

Tenth Circuit -- Full Life Hospice v. Sebelius

Dismissal without leave to amend of administrative challenge upheld, as the statutory clock had run.

Full Life Hospice v. Sebelius

Tenth Circuit -- United States v. Addison

Sufficient evidence for embezzlement ; no 6A Public Trial violation in excluding co-deft who was granted mistrial.

United States v. Addison

Tenth Circuit -- Case v. Hatch

Denial of 'actual innocence' Habeas as recantations and new DNA evidence cannot be considered, and Brady violation not necessarily outcome-determinative.

Concurrence -- de novo review of merits at second/successive stage wastes judicial resources.

Case v. Hatch

Ninth Circuit -- GINGER MCCALL V. FACEBOOK, INC.

Dissent from denial of en banc -- cy pres class action settlement requiring donations to charitable foundations is not reasonably certain to advance the interests of class members.

GINGER MCCALL V. FACEBOOK, INC.

Seventh Circuit -- Milwaukee Police Ass v. Board

Where a plaintiff settles a procedural Due Process claim, the plaintiff's union's challenge to the same action becomes moot.

Milwaukee Police Ass v. Board 

Seventh Circuit -- Dishon McNary v. Marcus Hardy

Denial of ineffective assistance Habeas claims -- (1) no prejudice; (2) state court assessment of counsel's strategic choices was reasonable; (3) specific situation underlying the claim wasn't raised in state collateral challenge ; (4) (Appellate) Strategic choice call by state review was reasonable.

Dishon McNary v. Marcus Hardy

Sixth Circuit -- Lee Moore v. Betty Mitchell

Reversal of Habeas grants as - more or less - (1) procedurally defaulted, since state court holding that there was no prejudice is upheld under 'AEDPA deference'; (2) Habeas record here can't look beyond trial record.

[There's more here, but we're in a hurry.  As always, entertainment value only.  MB]

Lee Moore v. Betty Mitchell 

Sixth Circuit -- Martha Vassalle v. Midland Funding LLC

District court erred in accepting class action settlement, given disparity in payments between named and unnamed class members.

Certification was error -- representatives not adequate; class action not the superior method.

No abuse of discretion in denying discovery for intervenor.

Martha Vassalle v. Midland Funding LLC 

Fifth Circuit -- Western Real Estate Equities v. Village at Camp Bo

Bankruptcy -- deliberate creation of an impaired class of creditors is not bad faith per se.

Western Real Estate Equities v. Village at Camp Bo

Fifth Circuit -- Gary Klein v. Nabors Drilling USA, L.P.

Arbitration agreement binds, despite the fact that the agreement contemplates other options as well.

Gary Klein v. Nabors Drilling USA, L.P.

Fourth Circuit -- US v. Under Seal

Offender registration for juveniles -- no violation of Federal confidentiality laws; non-punitive, and therefore permissible.

US v. Under Seal

Fourth Circuit -- Mehdi Noohi v. Toll Bros., Inc

Class action -- arbitration agreement unenforceable for lack of consideration.

Mehdi Noohi v. Toll Bros., Inc

Fourth Circuit -- Building Graphics, Inc. v. Lennar Corporation

Copyright: Building floor plans

No claim for copying in fact, as access not proven

Building Graphics, Inc. v. Lennar Corporation

Fourth Circuit -- Patricia Moore-King v. County of Chesterfield, VA

Although fortune-telling is not proven to be inherently deceptive and is therefore the subject of First Amendment protections, county restrictions were permissible as regulations of professional speech.

Equal Protection: Rational BAsis ; RILUPA & Religion 1A: Nope.

Patricia Moore-King v. County of Chesterfield, VA

Second Circuit -- U.S. Smokeless Tobacco Mfg. Co., et al. v. City of New York

Local law restricting tobacco flavoring not preempted by Federal law restricting flavoring of tobacco.

Saving clause saves anyway.

U.S. Smokeless Tobacco Mfg. Co., et al. v. City of New York

First Circuit -- Commonwealth of Massachusetts v. US Nuclear Regulatory Commission

NRC denial of reopening of nuclear power administrative contention wasn't arbitrary/capricious.

Agency took hard look as required by NEPA.

Commonwealth of Massachusetts v. US Nuclear Regulatory Commission