Other decisions today

Ninth:

COLUMBIA PICTURES INDUSTRIES, V. GARY FUNG

GLENN TIBBLE V. EDISON INTERNATIONAL

Eleventh:

Collegiate Licensing Company v. American Casualty Co. of Reading Pennsylvania, et al.

Federal Trade Commission v. Abbvie Products LLC

FED:

NATIONAL ORG OF VETERANS ADVOC v. SHINSEKI [ORDER]

SLATTERY V US [OPINION]


Apologies, folks.  Back to speed soon.

MB

Seventh Circuit -- Ehnae Northington v. H & M International

As the discrimination complained of wasn't a Title VII violation, the complaint wasn't a protected activity.

Ehnae Northington v.   H & M International

Seventh Circuit -- USA v. Andrzej Pietkiewicz

General denial insufficient for refusal of bona fide motion for downward variance -- some explanation must be given.

USA v.   Andrzej Pietkiewicz

Seventh Circuit -- Larry Harmon v. Ben Gordon

Basketball player manager's change in percentage take didn't transform the deal into a lifetime contract.

Larry Harmon v.   Ben Gordon

Seventh Circuit -- USA v. John Munson

Trebling of damages under False Claims Act is contract-standard difference in value, not gross amount of the fraud.

USA v.   John Munson

Sixth Circuit -- Frank Foster v. Nationwide Mutual Insurance Co.

FLSA exemption for "investigators" upheld for insurance investigators.  Independent discretion in furtherance of business interests.  Court cannot assess whether that independence has been undercut by company policies, as it's a question of fact.

Frank Foster v. Nationwide Mutual Insurance Co. 

Fourth Circuit -- Melissa Trail v. Local 2850 UAW

Petitioner's claim against union officials is individual, not collective, and  the malfeasance doesn't threaten the general health of the union.  Ergo, no claim under union-specific legislation.

Melissa Trail v. Local 2850 UAW

Fourth Circuit -- Raymond Woollard v. Denis Gallagher

Reversal of summary judgment -- Maryland's good-and-substantial-reason requirement for gun carrying permits does not impermissibly infringe on 2A rights.

As-applied and facial challenges TKO'd.

Intermediate scrutiny, viz - "reasonably adapted."


Raymond Woollard v. Denis Gallagher

Fourth Circuit -- Dennis Glynn v. EDO Corporation

No whistleblower protection for DoD contractor, as the flaws pointed out were iterative potential improvements, and not fatal flaws, and therefore there was no viable qui tam suit.

No material fraud in paperwork, pace DoD crim investigation.

Dennis Glynn v. EDO Corporation

Second Circuit -- Scottsdale Ins. Co. v. R.I. Pools Inc.

Defects in installation count as 'accidents' for purposes of swimming pool insurer's duty to defend.

Scottsdale Ins. Co. v. R.I. Pools Inc.

Second Circuit -- Natural Resources Defense Council, Inc. v. U.S. Food and Drug

Advocacy group has Article III standing to challenge regulatory inaction on dangerous chemical, as its members might be exposed to it.  No such standing for challenge to chemical that might eventually produce antibiotic-resistant bacteria, as the connection to the group's members is contingent.

Natural Resources Defense Council, Inc. v. U.S. Food and Drug

Second Circuit -- Parisi v. Goldman, Sachs & Co.

Title VII pattern-or-practice is a method of proof, and not a substantive claim.  Arbitration agreement that forecloses such a claim/proof is therefore enforceable.

Parisi v. Goldman, Sachs & Co.

Reminder -- Coverage

Under the New System, missed days are missed days.  3/21 Opinions only today.  Unless there's extra time.  Capriccio.

MB