DC Circuit -- Amer. Fed. of Govt. Employees v. Eric Shinseki

Filing unfair labor practice complaints on the basis of desired support of an outside union doesn't per se implicate the right to bargain collectively at this particular workplace.

Amer. Fed. of Govt. Employees v. Eric Shinseki

DC Circuit -- MBIA Insurance Corporation v. FDIC

Contracts of institutions being managed by the FDIC are not necessarily approved by the FDIC (and therefore given priority in wind-up) by being merely countenanced by the FDIC.

MBIA Insurance Corporation v. FDIC

DC Circuit -- Camille Grosdidier v. Broadcasting Board of Governors

District Court correctly found no discrimination in Title VII claim, as the legitimacy of the comparator couldn't be disproved.

Bad faith not required for negative inference instruction from spoiliation where there is duty to preserve.  (Dicta, as harmless error.)

Camille Grosdidier v. Broadcasting Board of Governors

Eleventh Circuit -- USA v. Rick A. Kuhlman

Noncustodial sentence for white collar medical fraud held substantively unreasonable.

USA v. Rick A. Kuhlman

Tenth Circuit -- Toone v. Wells Fargo Bank, N.A

Assignments / endorsements on a note can be examined at Motion to Dismiss stage so long as the authenticity of the instrument is not in question.

Other substantive and procedural challenges TKO'd.

Toone v. Wells Fargo Bank, N.A

Tenth Circuit -- United States v. Loughrin

Bank fraud does not require intent that the bank itself should be the one defrauded.

No Speedy Trial Act violation.

United States v. Loughrin

Ninth Circuit -- USA V. MARCEL KING

Probation condition upholding suspicionless search of residence upheld.

Dissent -- language of waiver, equates probationers with parolees.


USA V. MARCEL KING

Ninth Circuit -- USA V. HOWARD COTTERMAN

Away-from-border border search of laptop computer was not an extended border search, and therefore still required only reasonable suspicion.

Password protection doesn't suffice for same, but can factor into the totality.

C/D/CIJ -- Standard for search is too low.

D -- Standard too vague

USA V. HOWARD COTTERMAN

Ninth Circuit -- JOSE GONZALEZ-CERVANTES V. ERIC HOLDER, JR.

No error in BIA holding that state would not reasonably apply misdemeanor sexual battery statute to non-turpitudinous conduct.

Dissent: But it has in the past.

JOSE GONZALEZ-CERVANTES V. ERIC HOLDER, JR.

Eighth Circuit -- United States v. Paul Beard

Given poor quality of police video, the pre-stop circumstances credited by the trial court are not discredited.

United States v. Paul Beard

Seventh Circuit -- Gary Vaughn v. Thomas Vilsack

Title VII -- no retaliation claim, given subsequent inappropriate workplace behaviour by plaintiff.

Gary Vaughn v.   Thomas Vilsack

Seventh Circuit -- Toy A. Collins v. American Red Cross

Summary judgment against Title VII claims upheld -- plaintiff's subsequent statements that employer was 'out to get minorities' were unprotected.  No animus demonstrated to later report unfavorable to employee.

Toy A. Collins v.   American Red Cross

Fourth Circuit -- Raymond James Financial v. Peter Cary

FINRA arbitration rule doesn't apply, as the securities were purchased on information from an acquaintance of the employees of the covered company, not from the company itself.

Raymond James Financial v. Peter Cary

Third Circuit -- Leon Kendall v. Daily News Publishing Co

Virgin Islands court misapplied law, but harmless error as sme outcome under correct defamation-by-implication rule, viz: plaintiffs must plead and prove intent-- something more than actual knowledge of falsity.

Leon Kendall v. Daily News Publishing Co

Third Circuit -- Mark Maniscalco v. Brother Intl Corp

Interest analysis, not domicile, governs choice of law in products liability action.

Mark Maniscalco v. Brother Intl Corp

Third Circuit -- Valerie Montone v. City of Jersey City

District court erred in not favoring non-movant when considering summary judgment.

Gender discrimination claims were speech on a matter of public concern.

Plaintiffs challenging promotion scheme have both article III and zone of interests prudential standing.  Genuine issue of fact as to whether political affiliation was improperly considered.

Valerie Montone v. City of Jersey City

Second Circuit -- Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc.

Denial of injunction upheld, as the patent is for a shoe the red sole of which contrasts with the color of the rest of the shoe, and the product in question is completely red.

Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc.