Other Decisions:

Sixth:

National Truck Equipment Assoc v. NHTSA 

William Schumacher v. AK Steel Corporation 

Seventh:

Peter Lewis v.   Jerry Sternes

USA v.   Ollie Peterson

Eighth:

[From the Court's site]

U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Civil case - Fair Credit Reporting Act. Plaintiff failed to show she suffered "actual damages" from any violation of the FCRA, as a brief episode of frustration and unhappiness over an incorrect report did not establish the sort of concrete emotional distress that is required to constitute a genuine injury and actual damages. 121294P.pdf 03/28/2013 United States v. Neil Havlik U.S. Court of Appeals Case No: 12-1294 U.S. District Court for the Eastern District of Arkansas - Little Rock [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judge]
Criminal case - Criminal law. Defendant's statements to interrogating officers were not an unequivocal or unambiguous request for counsel, and the police were not required to ask clarifying questions; defendant's waiver of his Miranda rights was voluntary, and the district court did not err in denying his motion to suppress his statements; district court did not err in declining to give an entrapment instruction; evidence was sufficient to prove the jurisdictional element of the child pornography charges against defendant; claim of ineffective assistance of counsel should be raised in a habeas action. 121639P.pdf 03/28/2013 Nelson Gomes v. American Century Companies, U.S. Court of Appeals Case No: 12-1639 U.S. District Court for the Western District of Missouri - Kansas City [PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Smith, Circuit Judges]
Civil case - RICO. Maryland's demand requirement for derivative claims does not frustrate the federal policies underlying RICO, and demand was required on all of plaintiff's derivative claims; because plaintiff failed to make the required demand, the district court did not err in dismissing his complaint. 121807P.pdf 03/28/2013 Dakota, MN & Eastern R.R. v. Kevin Schieffer U.S. Court of Appeals Case No: 12-1807 U.S. District Court for the District of South Dakota - Sioux Falls [PUBLISHED] [Loken, Author, with Melloy and Colloton, Circuit Judges]
Civil case - ERISA. For the court's prior decision in the matter, see Dakota, Minn. &E.R.R. v. Schieffer, 647 F.3d 935 (8th Cir. 2011). The district court did not err in finding that the benefits sought in Schieffer's arbitration demand were not claims for benefits under an ERISA plan; as a result, the district court lacked federal subject matter jurisdiction to consider arbitrability or any other issue arising under the Employment Agreement.

Ninth:

HILARIO RIVAS V. JANET NAPOLITANO

Tenth:

 11-1340  Llewellyn v. Allstate Home Loans
 12-9010  Schoppe v. CIR

Eleventh:

USA v. Archery Lynn Overstreet

Next update Monday.

MB

Sixth Circuit -- Derry Lovins v. Tony Parker

Claim raised in motion for post-conviction relief not procedurally forfeited for federal habeas.

As sentence was enhanced for factors not found by the finder of fact, claim gets the retroactive benefit of Scotus holding barring such things.

Derry Lovins v. Tony Parker 

Sixth Circuit -- Donnetta Berrien v. USA

Federal government had no duty to inspect the structure inspected by contractor, so no FTCA liability.

Donnetta Berrien v. USA 

Sixth Circuit -- USA v. DTE Energy

EPA has standing to challenge plant emission claims prior to plant construction.

Dissent -- moot, given likely holding on remand, plus it's basically a right of pre-approval.

USA v. DTE Energy 

Sixth Circuit -- The Ohio Bell Telephone Co. v. Public Utilities Comm. of Ohio

Phone system patch points -- No error in arbitration holding applying more general provision of the Act to suit requesting relief under a more specific provision, as the intent of the statute was that the more general provision should apply as well.

Maybe.  Entertainment value only, folks.

The Ohio Bell Telephone Co. v. Public Utilities Comm. of Ohio 

Sixth Circuit -- Glendle Cain, III v. Owensboro Public Schools

Under Kentucky law, revocation of out-of-District status is tantamount to expulsion, triggering DP.  Deference to Kentucky AG's written opinion.

General knowledge of student's drug use insufficient for search of cell phone for text messages.

Mental health issues insufficient showing for Rehabilitation Act claim.

Glendle Cain, III v. Owensboro Public Schools 

Second Circuit -- United States v. James and Mallay

Extended Confrontation Clause discussion.  (Must-read.)  

A document is testimonial when prepared for use at a trial -- autopsy reports weren't, ergo not hearsay.

No error in exclusion of contradictory closing by prosecutors in another case, as there was a preponderance of evidence indicating an innocent explanation.

No error in limitation of cross on collateral inconsistent statements.

No error in denial of severance, as the potentially prejudicial issue was probative as to the racketeering charge.

Dicta - sealed indictment on another matter didn't implicate Confrontation Clause for taping of statements to CI.

Second taped statement in, as the stipulated dispute among the conspiracy was a sign of its viability, not its end.  [The opposite of conspiracy is not hate but indifference, perhaps.]

Post-trial letter alleging AUSA witness coercion not enough for evidentiary hearing.

United States v. James and Mallay

Second Circuit -- SDBC Holdings, Inc. v. NLRB

Management asseverations that they wanted to return the company to profitablility rather than sell it didn't trigger a duty to disclose financials to the union.

SDBC Holdings, Inc. v. NLRB

Second Circuit -- Gallagher v. United States

New Scotus holdings on plea-stage Ineffective Assistance were not made retroactive to cases pending on collateral appeal.

Gallagher v. United States

Second Circuit -- United States v. Botti

Honest-services jury instruction that was not limited to bribery and kickbacks is not grounds for reversal, as bribery was the only viable theory of the crime.

Discussion of "scheme or artifice" would not have implicitly created another theory for the conviction.

United States v. Botti

First Circuit -- Jakobiec v. Merrill Lynch Life Insurance

No breach of contract, as the third-party fraud would have happened even if the deft had issued the check to the correct entity.

Jakobiec v. Merrill Lynch Life Insurance 

First Circuit -- Moses v. Mele

Extended summary affirmation of summary judgment below.

Moses v. Mele