Out of Time

MB is still working under diminished resources -- apologies, but 8, 9, 10, 11 DC & FED skipped today.  Ciao.

MB

Seventh Circuit -- USA v. Danny Turner

SCOTUS remand -- Confrontation Clause error on expert cross was harmless.

USA v. Danny Turner

Seventh Circuit -- Juana Sanchez v. Prudential Pizza,

In Rule 68 motion "claims for relief" do not necessarily include fees.

Juana Sanchez v. Prudential Pizza,

Seventh Circuit -- Caterpillar Financia v. Peoples Nat

Posner quotes "As You Like It," writes secured transactions opinion -- viz:

Two creditors claimed an interest, second one held a good note subordinating a third's interest -- but that note subordinated the holder's interest to the other original creditor.  So it's arguing for partial subordination. Incidental arguments on PMSI and SIV fall by the wayside.  No partial subordination, says Posner, since a note holding that the priority order is ABC can't result in a priority order of  BAC or BCA , even given lost quarto suggesting BAC.

Caterpillar Financia v. Peoples Nat

Sixth Circuit -- Juana Villegas v. The Metro. Gov't of Nashville

8th Amendment claim for being shackled during childbirth -- summary judgment for plaintiff reversed, remanded.

Juana Villegas v. The Metro. Gov't of Nashville 

Sixth Circuit -- Sarunas Abraitis v. USA

Tax -- although the administrative exhaustion requirement is not jurisdictional, claim is waived for not being raised in District Court, and because this particular deadline is not subject to equitable tolling.

Sarunas Abraitis v. USA 

Sixth Circuit -- Dwayne Ballinger, Jr. v. John Prelesnik

Habeas -- District Court erred in holding evidentiary hearing, as state Habeas had resolved the issue on its merits.

Dwayne Ballinger, Jr. v. John Prelesnik 

Fourth Circuit -- US v. Robert Mann

Crack/cocaine sentencing adjustment. Court did not err in interpreting it's earlier findings of fact.

US v. Robert Mann

Fourth Circuit -- Scott Andochick v. Ronald Byrd

ERISA does not preempt post-distribution suits for proceeds against fiduciaries.  (Here, to get previously declined funds as part of marital settlement.)

Scott Andochick v. Ronald Byrd

Second Circuit -- McMillan v. City of New York

Reversal of dismissal of ADA claim -- arriving late to work might be a reasonable accomodation, given plaintiff's prescribed meds.

McMillan v. City of New York

Second Circuit -- County of Erie v. Colgan Air, Inc.

County barred from plane-crash cleanup reimbursement under 'free public services' doctrine.

County of Erie v. Colgan Air, Inc.

Second Circuit -- United States v. Nouri

No plain error in post-Skilling fraud instruction that didn't limit honest services to bribes & kickbacks.

Same with including honest services element in instruction for securities fraud.

Court correctly instructed on finding fiduciary obligations.

No error in denial of deft's requested instruction distinguishing "incidental to" / "in connection with."

Sufficient evidence, sentence reasonable.

United States v. Nouri