Out of time

One more in the 8th, readers are commended to the circuit websites for 9, 10, 11, DC & Fed.  Good weekend!

MB

Eighth Circuit -- Neal Roberts v. United States

U.S. Court of Appeals Case No: 11-2054 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Bye, Author, with Smith and Colloton, Circuit Judges]
Civil case - False Claims Act. The district court did not err in finding relators were entitled to a portion of the government's recovery under the False Claims Act, as the defective pricing claim the government brought was related to relators' suit; the court rejects the idea that Rule 9(b)'s heightened pleading requirement plays a part in determining whether a relator is entitled to share in settlement proceeds resulting from a qui tam action in which the government elects to intervene. Judge Colloton, dissenting.

Neal Roberts v. United States

Eighth Circuit -- Carlos Manuel Calles Quinteros v. Eric H. Holder, Jr.

Court Summary:

U.S. Court of Appeals Case No: 11-1875 and No: 11-3425 Petition for Review of an Order of the Board of Immigration Appeals [PUBLISHED] [Smith, Author, with Loken and Beam, Circuit Judges]
Petition for Review - Immigration. Petitioner failed to show a well- founded fear of future persecution and the BIA's decision denying asylum, withholding of removal and CAT relief is affirmed.

Carlos Manuel Calles Quinteros v. Eric H. Holder, Jr.

Seventh Circuit -- Parvati Corporation v. City of Oak

Parvati Corporation v. City of Oak

Seventh Circuit -- SEC v. First Choice Managem

SEC v. First Choice Managem

Fifth Circuit -- Nelson Gongora v. Rick Thaler, Director

Habeas  -- conviction vacated due to prosc comments in closing on deft not testifying.

Nelson Gongora v. Rick Thaler, Director

Fourth Circuit -- US v. Tyrone Moore

Crim -- newly discovered evidence justifies retrial.

US v. Tyrone Moore

Fourth Circuit -- Municipal Association of SC v. USAA General Indemnity Company

Federal flood insurance premiums trigger sovereign immunity, given how closely the companies are intertwined with the FG, therefore municipality cannot base business license tax levels on premium levels.

Municipal Association of SC v. USAA General Indemnity Company

Fourth Circuit -- ESA Environmental Specialists v. The Hanover Insurance Company

Bankruptcy -- voidable transfer

ESA Environmental Specialists v. The Hanover Insurance Company

Third Circuit -- Ray Caprio v. Healthcare Revenue Recovery Group

Debt Collection Act.

Ray Caprio v. Healthcare Revenue Recovery Gr

Second Circuit -- Lundy v. Catholic Health System of Long Island Inc.

FLSA overtime claim must allege that plaintiff worked overtime.

Supplementary state claims should not have been completely dismissed with prejudice, given different gap-time rules.

Mailing of allegedly short paychecks doesn't state a RICO claim.

Lundy v. Catholic Health System of Long Island Inc.

Second Circuit -- United States v. Robles

Crim -- consecutive mandatory minimums for gun charges in same proceeding upheld.

United States v. Robles

Second Circuit -- New Jersey Carpenters v. Royal Bank of Scotland

Securities -- shoddy mortgage portfolio states a case, statements were material.

New Jersey Carpenters v. Royal Bank of Scotland

Second Circuit -- City Wide Transit, Inc. v. Comm’r

Tax.

City Wide Transit, Inc. v. Comm’r

First Circuit -- Bluetarp Financial, Inc. v. Matrix Construction Co., Inc.

Personal Jurisdiction over out-of-state party.

Bluetarp Financial, Inc. v. Matrix Construction Co., Inc. 

First Circuit -- US v. Gates

Speedy Trial Act

US v. Gates