Thursday, February 28, 2013
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
[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
[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
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
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
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
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
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
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
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
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.
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.
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
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
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
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
Rubin v. Harvard University
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