Eleventh Circuit - Seburt Nelson Connor v. Secretary, Florida Department of Corrections, et al

No error in denial of competency hearing, as the challenge is entirely record-based, and the underlying claims were reviewed in state Habeas with an implicit determination of sufficient competence.  No statutory right to establishment of competency for collateral challenges.  AEDPA deference.

Ineffective Assistance claim properly denied, as not presenting cumulative evidence in mitigation doesn't establish Ineffective Assistance, and there was no showing of outcome-determinancy.

Seburt Nelson Connor v. Secretary, Florida Department of Corrections, et al

[thou shalt not kill.  -MB]

Tenth Circuit -- Klein-Becker USA v. Englert

Discovery sanctions against pro se litigant upheld.

Corporate veil can be pierced for purposes of sanctions by default judgment.

Disgorgement amount equal to gross sales upheld (copyright/Lanham Act)

But/for fraud damages upheld.

Injunction upheld, despite the fact that movant had sold the intellectual property at issue.

Demand for jury trial untimely.

Can't Cross on matters unrelated to the Direct.

Klein-Becker USA v. Englert

Ninth Circuit -- MAIRI TANEDO V. EAST BATON ROUGE PARISH SCHOOL

Denial of immunity on the grounds of right to petition (Noerr-Pennington) is not immediately appealable under Collateral Order doctrine, as its not easily separable from the case and is potentially subject to later appellate scrutiny in the usual way.

But not sufficiently intertwined to trigger pendant jurisdiction.

MAIRI TANEDO V. EAST BATON ROUGE PARISH SCHOOL

Eighth Circuit -- Christine Dollar v. Smithway Motor Xpress

Employment -- FMLA

Employee had already been transferred at time of incident, so no need to prove that she could return to her old job.

No failure to mitigate claim for denying settlement offer, as failure to mitigate is an affirmative defense waived if not made early in the game.

Given business uncertainties, 10 year prospective pay relief was unreasonable.

Christine Dollar v. Smithway Motor Xpress

Seventh Circuit -- Xing Zheng v. Eric Holder, Jr

Immigration -- China.  BIA error in not analysing record before denying Chinese immigrant relief was harmless, as there's nothing in the record that justifies relief.  Petition denied.

Xing Zheng v.   Eric Holder, Jr

Sixth Circuit -- Melissa Hearring v. Karen Sliwowski

S1983 -- Qualified immunity to school health worker for extraordinary examination of student.

Melissa Hearring v. Karen Sliwowski 

Sixth Circuit -- Metropolitan Hospital v. HHS

Chevron deference to HHS interpretation of statute.

Dissent: Circuit precedent establishes that Congress did indeed speak to the precise question at issue.


Metropolitan Hospital v. HHS 

Fifth Circuit -- Kenneth Richards v. Rick Thaler, Director

Mailbox timestamp rule applies to post-conviction challenges of incarcerated inmates in Texas.

Kenneth Richards v. Rick Thaler, Director

Second Circuit -- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.

Questions certified to the New York Court of Appeals -- (1) whether judgment debtors have a private right of action under state protective statute, and if so, (2) what right to damages, and (3) anything else that comes to mind.

Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.

Second Circuit -- Selevan, et. al v. New York Thruway Authority (NYTA), et al.

Discount on toll bridge for island residents doesn't violate Dormant Commerce Clause.

Nonresidents' comparatively higher tolls give standing.

No strict scrutiny, as not a significant restriction on travel.

Toll discount sufficiently relates to actual usage and cost.

Selevan, et. al v. New York Thruway Authority (NYTA), et al.

Second Circuit -- Johnson v. Priceline.com, Inc.

Class-action against "name your own price" internet travel booking service doesn't state a claim, since there is no valid agency relationship created between the customer and the service -- the customer retains no ability to direct the activity of the service.

Johnson v. Priceline.com, Inc.