Federal Circuit -- RADIO SYSTEMS CORP V LALOR [OPINION]

RADIO SYSTEMS CORP V LALOR [OPINION]

DC Circuit -- In re: Sealed Case

In re: Sealed Case

DC CIrcuit -- Kaiser Foundation Hospitals v. Kathleen Sebelius

Kaiser Foundation Hospitals v. Kathleen Sebelius

Eleventh Circuit -- Reinaldo Ramon Lamonica, et al. v. Safe Hurricane Shutters, Inc., et al.

Illegal immigrants not barred from recovery of back wages under FLSA under in pari delicto.

No error in jury instructions on individual liability & methodology.

Many other issues.  Running short on time.

Concur/Dissent on jury instructions & employer liability.

Reinaldo Ramon Lamonica, et al. v. Safe Hurricane Shutters, Inc., et al.

Eleventh Circuit -- Alabama Environmental Council, et al. v. U.S. Environmental Protenction Agency

Clean Air Act -- EPA action was ultra vires.

Alabama Environmental Council, et al. v. U.S. Environmental Protenction Agency

Ninth Circuit -- LIBERTARIAN PARTY LOS ANGELES V. DEBRA BOWEN

Daubert, Batson, and the English Rule.

Company was a party to settlement agreement given timely joinder.

If denial of peremptory strike was error (given the lack of subjective bias), it was harmless.

Challenges to market definition go to merits, not decision to allow under Daubert.

Sufficient evidence for award of lost profits.

Attorney's fees are procedural (not substantive) under Alaska's choice of law scheme, and therefore apply over the foreign rule drawn from the law generally being applied in the case.

LIBERTARIAN PARTY LOS ANGELES V. DEBRA BOWEN

Ninth Circuit -- LIBERTARIAN PARTY LOS ANGELES V. DEBRA BOWEN

Petition signature-seekers have standing for pre-enforcement federal challenge to state law  requiring that they be a resident of the area in question, given concrete plans to get signatures, and the threat of legal action if they do so.

LIBERTARIAN PARTY LOS ANGELES V. DEBRA BOWEN

Eighth Circuit -- George Donner v. Alcoa, Inc

As injured employee has already elected to receive workman's comp, attempted joinder of employer to defeat diversity would be fraudulent.

George Donner v. Alcoa, Inc

Eighth Circuit -- Minnesota Majority v. Joe Mansky

Polling place is a nonpublic forum.  Restriction on political statements (t-shirts, etc) upheld.

Dismissal of as-applied challenge reversed, as court improperly considered materials outside the pleadings.

Void-for-vagueness requires deliberate indifference -- the statute empowering polling-place workers to enforce the rules did not rise to this level.

Minnesota Majority v. Joe Mansky

Seventh Circuit -- John Dennison v. MONY Life Retirement Income Se

Posner solves ERISA quandry with Farnsworth on Contracts, viz:

Despite explicit provision in Plan barring retroactive rejiggering of benefits, Plan can adjust returns, as the lump sum payout is not an accrued benefit.  Consistent practice of parties to the contract justifies same outcome for a parallel benefit.

Theory of conflict of interest too thin to justify additional discovery.

John Dennison v.   MONY Life Retirement Income Se

Seventh Circuit -- Jose Marin-Rodriguez v. Eric Holder, Jr.

Immigration -- fraudulently obtaining a Social Security card is a crime of moral turpitude.

Jose Marin-Rodriguez v.   Eric Holder, Jr.

Seventh Circuit -- USA v. Edwin Sanchez

Revisions to sentencing guidelines do not trigger ex post facto clause.  Circuit split flagged.

Sentencing bump for maintaining a building to use for drug distribution (as opposed to a residence) should consider not just frequency of use but general scope.

No procedural sentencing error as District Court knew that it could consider codefts differently.

No substantive sentencing error, given that sentence was on low end of guidelines range.

USA v.   Edwin Sanchez

Seventh Circuit -- Beverly Stayart v. Google Incorporated

Internet user's attempt to sue Google for search returns on her name TKO'd as (1) she made her name a matter of public concern by filing a similar suit and (2) connection to advertising revenues is incidental, not substantial.

Beverly Stayart v.   Google Incorporated

Fourth Circuit -- Francine Helton v. AT&T Inc.

ERISA -- no absolute bar to appellate review of evidence extrinsic to the administrative record.

Plan language allowed award of retroactive benefits.

Francine Helton v. AT&T Inc.

Third Circuit -- USA v. Barry Sussman

Federal interest in frozen assets (gold) later illicitly reclaimed was sufficient to make them federal property under the theft statute, as the bank was merely a repository, and the federal agency held a court order giving it ownership of the assets.

Reclaiming the contents of the safe deposit box was obstruction of justice, as it prevented satisfaction of judgment against deft.

Missing transcript sections could not contain material capable of prejudice.

Jury instructions for obstruction, etc were kosher.

USA v. Barry Sussman

Third Circuit -- James Freeman v. Pittsburgh Glass Works LLC

Article III court retained jurisdiction over arbitration as it administratively closed the case, as opposed to dismissing it.

Argument of waiver was itself waived in the court below.

Campaign contribution from party to arbitration did not impugn impartiality.  (Bonus - opposing counsel donated five times as much.)

No fraudulent inducement to accept the arbitration outcome.

James Freeman v. Pittsburgh Glass Works LLC

Second Circuit -- Winfield, et al. v. Trottier

S1983 -- reversal of denial of qualified immunity.

Consent to search of car could not reasonably be construed to extend to piece of mail in the car.

Winfield, et al. v. Trottier

Second Circuit -- Yeldon v. Fisher

Pro se litigant checked "no consent" on consent form for referral to magistrate, but didn't subsequently object.  The defect is jurisdictional, and the magistrate's holding is null.

Yeldon v. Fisher

First Circuit -- Tsai v. Holder

Immigration -- no error in IJ's holding that foreign hospital documents were insufficiently authenticated ; nor in adverse credibility findings vs. petitioner.

Tsai v. Holder