Thursday, February 28, 2013

Eleventh Circuit -- Shade Lawal v. U.S. Attorney General



Shade Lawal v. U.S. Attorney General

Ninth Circuit -- PEDRO TAMAYO-TAMAYO V. ERIC H. HOLDER JR.



PEDRO TAMAYO-TAMAYO V. ERIC H. HOLDER JR.

Eighth Circuit -- William NMI Paul, Jr. v. Forrest C. Allred

Court summary:

[PUBLISHED] [Federman, Author, with Kressel and Schermer, Bankruptcy Judges]
Bankruptcy Appellate Panel. Bankruptcy court did not err in denying debtor's homestead exemption as the record showed he had abandoned the property as his homestead by removing himself with no fixed or actual intent to return.


William NMI Paul, Jr. v. Forrest C. Allred

Eighth Circuit -- Frank Hohn v. BNSF Railway Company

Court summary:

[PUBLISHED] [Wollman, Author, with Bye and Benton, Circuit Judges]
Civil case - Employment Discrimination. Plaintiff's Nebraska law Whistleblower claim was untimely and the district court did not err in granting defendant's motion for summary judgment on the claim; district court did not err in excluding evidence of the Whistleblower complaint in the trial of plaintiff's disability discrimination claim; defendant's judgment on plaintiff's disability discrimination claim is affirmed, as the evidence supported the jury's finding that plaintiff could not perform the essential functions of the locomotive machinist position with or without a reasonable accommodation.


Frank Hohn v. BNSF Railway Company

Seventh Circuit -- USA v. Lamar E. Sanders

Any error on photo lineup and in-court ID was harmless.

Limitation on mention of witness' priors during cross doesn't implicate Confrontation Clause, as the impeachment theory was presented without the priors.

No abuse of discretion in denying reverse 404B evidence for gov't witness, as only a 'gossamer thread' connected priors to present crime.

Sentencing -- "not less than 20 years" doesn't amend earlier 25 year minimum statute.

USA v. Lamar E. Sanders

Seventh Circuit -- Mauricio Moral-Salaz v. Eric Holder

Immigration -- statutory bar to review of removal order prohibits review, as the merits are directly implicated.

Mauricio Moral-Salaz v. Eric Holder

Seventh Circuit -- USA v. Casey Hunter

"Can you call my attorney" is an unambiguous invocation of the right to counsel.

USA v. Casey Hunter

Seventh Circuit -- Farrokh Yassan v. J.P. Morgan Chase

Removal of dismissed action - subsequent to dismissal - equitably revested jurisdiction in the state court.

Dismissal of employment claim on merits upheld given waiver.

Farrokh Yassan v. J.P. Morgan Chase

Seventh Circuit -- Buddha Entertainment v. Gus A. Palo

Easterbrook -- Deft claiming excusable neglect in receipt of papers must plead and prove circumstances.

Buddha Entertainment v. Gus A. Palo

Sixth Circuit -- USA v. Timothy Sims

Error in exclusion of evidence from pr0n case, as the deft could have taken the requisite substantial step without actually meeting all of the statutory elements.

Dissent, no abuse of discretion, as court just made the call on the evidence at the pretrial stage.

USA v. Timothy Sims 

Fourth Circuit -- US v. Larry Deffenbaugh

For purposes of proving conspiracy to make a false report to the Coast Guard, prosc need not prove that the conspirators intended a Federal authority to receive the distress call.

Sentence not erroneous.

US v. Larry Deffenbaugh

Fourth Circuit -- US v. Michael Bernard

Standard for mentally trouble deft to go pro se is whether they have the wits to waive counsle, not the wits to  represent themselves.

Dissent -- Trial court understood this to be a mandatory rule, and didn't look to see whether further, permissive scrutiny should have been applied.

US v. Michael Bernard

Second Circuit -- Mitchell v. Lyons Prof’l Servs., Inc.

Error in court's denying writ of execution -- as a technique to sanction counsel.

Mitchell v. Lyons Prof’l Servs., Inc.

First Circuit -- Latson v. Plaza Home Mortgage, Inc.

Souter, pinch hitting on loans case.

Pre-loan conduct by lender not covered by the state implied warranty of good faith and fair dealing.

Statute of limitations has run.

Latson v. Plaza Home Mortgage, Inc. 

First Circuit -- Gilberti v. Coppola

Rule 11 sanctions upheld for untenable claims of usury and conversion.

Gilberti v. Coppola

First Circuit -- US v. Ramirez

Sentencing --

Burglary is a crime of violence for purposes of the sentencing bump.

Remand, as amended judgment unclear as to status of a certain enhancement.

US v. Ramirez

First Circuit -- US v. Rios-Ortiz

Crim -- sufficient evidence for existence of a single conspiracy during the relevant timeframe.

US v. Rios-Ortiz 

First Circuit -- Rubin v. Harvard University

Plaintiffs cannot attach articles in a museum, as the foreign sovereign with an interest in the articles has not formally asserted that interest, and so the articles are not reachable under the statutory carve-out to the FSIA.

Rubin v. Harvard University 
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.