Out of time

9, 10 & seq tomorrow.

MB

Eighth Circuit -- Victor Santiago v. Daniel Blair

U.S. Court of Appeals Case No: 11-3693 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Wollman, Author, with Beam and Loken, Circuit Judges]
Civil Case - qualified immunity. On appeal from denial of qualified immunity, claim of excessive force is remanded to district court for determination whether circumstances support a reliable inference of an unnecessary and wanton infliction of pain; denial of qualified immunity on deliberate indifference claim is reversed; denial of qualified immunity on First Amendment retaliation claim relating to death threats for filing excessive force grievance and relating to placement in cell without personal property, proper bedding, a working sink or working toilet are affirmed; and retaliatory discipline claim fails as a matter of law because some evidence supported disciplinary violation.

Victor Santiago v. Daniel Blair

Sixth Circuit -- Carol Smith v. Perkins Board of Education

ADA and IIED -- dismissal of complaint  at summary judgment was error.

Carol Smith v. Perkins Board of Education 

Sixth Circuit -- USA v. James Gamble

Pr0n restitution payments remanded for showing of proximacy of cause between dfeft conduct and victim harm.

 USA v. James Gamble 

Sixth Circuit -- Timothy Pagliara v. Johnston Barton Proctor and Rose

Fraud -- Bald assertions don't sufficiently state a state breach of fiduciary duty claim.

Professional services exception to statute bars statutory claim.

Timothy Pagliara v. Johnston Barton Proctor and Rose 

Sixth Circuit -- Yellowbook Inc. v. Steven Brandeberry

Trademark - Contract transferred the mark in its entirety.

Yellowbook Inc. v. Steven Brandeberry 

Fifth Circuit -- Lisa Learmonth v. Sears, Roebuck & Co.

State statutory cap on non-economic damages is kosher under SOP and state constitution, despite the fact that the state supreme court held that the lack of explicit designation of damages as non-economic in the present case meant that the issue wasn't presented.

Lisa Learmonth v. Sears, Roebuck & Co.

Second Circuit -- NLRB v. Special Touch Home Care Servs., Inc.

Labor law -- employer's individual call-in rule cannot be enforced to make strike no-show an unprotected activity.  Home health aides who don't provide notice, however, create an imminent danger and are therefore unprotected.

NLRB v. Special Touch Home Care Servs., Inc.

Second Circuit -- Mark Maraschiello v. City of Buffalo Police Department

Under Title VII, a general overhaul of department-wide promotion criteria is not a race-based adverse action specific enough to survive summary judgment.

Mark Maraschiello v. City of Buffalo Police Department

Second Circuit -- Taveras v. UBS AG et al.

ERISA plan fiduciaries should not be accorded presumption of prudence for offering stock in the company, as the Plan didn't explicitly reference it as an option.

Taveras v. UBS AG et al.