Plans of mice and men. Have to wrap this up quick. Here are the rest of today's decisions:
Sixth:
USA v. MedQuest Associates, Inc.
A.C. v. Shelby County Board of Education
Seventh:
USA v. Jon Burge
Isaiah Brady v. Randy Pfister
Ivan Hernandez v. Michael F. Sheahan
Gabriela Arteaga v. USA (Poz)
Eighth:
122767P.pdf 04/01/2013 United States v. Adam Fernandez
U.S. Court of Appeals Case No: 12-2767
and No: 12-2774
and No: 12-2784
and No: 12-2787
and No: 12-3358
U.S. District Court for the Western District of Arkansas - Ft. Smith
[PUBLISHED] [Per Curiam - Before Murphy, Smith and Gruender,
Circuit Judges]
Criminal case - Criminal law. Nondelegation challenge to SORNA
rejected as SORNA's relatively narrow delegation of authority to the
Attorney General was guided by an intelligible principle for delegation
and was consistent with the requirements of the nondelegation doctrine.
122619P.pdf 04/01/2013 Annex Properties, LLC v. TNS Research International
U.S. Court of Appeals Case No: 12-2619
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Per Curiam - Before Loken, Melloy and Colloton,
Circuit Judges]
Civil case - contracts. The district court erred in determining plaintiff
was only entitled to two months of a claimed four months' rent after
defendant held over and created a tenancy at will which it failed to
terminate in accordance with Minnesota law. Judge Loken, with whom
Judge Melloy joins, concurring.
122125P.pdf 04/01/2013 United States v. Todd Hobbs
U.S. Court of Appeals Case No: 12-2125
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Loken, Author, with Bright and Colloton, Circuit Judges]
Criminal case - Sentencing. District court did not abuse its substantial
discretion by imposing special conditions on defendant's supervised
release which required probation office advance approval before he could
reside with or contact children under 18 (including his own) or possess
any material that is sexually stimulating or sexually oriented.
121974P.pdf 04/01/2013 Olympus Insurance Company v. AON Benfield, Inc.
U.S. Court of Appeals Case No: 12-1974
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Murphy and Benton, Circuit Judges]
Civil case - Insurance. District court correctly determined that under
the unambiguous language of the contract defendant was relieved of any
obligation to pay plaintiff an annual fee because plaintiff's decision not to
renew the brokerage agreement activated the agreement's forfeiture
provision.
121186P.pdf 04/01/2013 Northern States Power Co. v. IBEW, Local 160
U.S. Court of Appeals Case No: 12-1186
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Shepherd, Author, with Murphy and Beam, Circuit Judges]
Civil case - Labor Law. The language in the arbitrator's decision - that
the employer had demonstrated justification for an employee's
termination - was sufficient to show the arbitrator found the termination
was supported by just cause; as a result, the arbitrator had no authority to
address the question of remedy or to fashion a remedy other than
termination, and the district court properly vacated the arbitrator's award
of reinstatement. Judge Murphy, dissenting.
Ninth:
USA V. GUSTAVO REYES-CEJA
JENNIFER WESTENDORF V. WEST COAST CONTRACTORS OF NV
Tenth:
11-6040 Lockett v. Workman
Eleventh:
Fane Lozman v. City of Riviera Beach, Florida, et al
Back to (~) normal with tomorrow's posting, likely late afternoon. Cheers.
MB
Monday, April 01, 2013
Friday in the Fifth
USA v. Todd Culbertson -- No sentencing for rehabilitative purposes.
Andricka Stewart v. Waco Independent School Dist -- Civil Rights claim - Rehabilitation Act
Frank Teta v. Michelle Chow -- Class action within bankruptcy improvidently dismissed
William Davison v. Huntington Ingalls, Inc. -- Pro se plaintiff's brief too far afield from FRCP standards.
Andricka Stewart v. Waco Independent School Dist -- Civil Rights claim - Rehabilitation Act
Frank Teta v. Michelle Chow -- Class action within bankruptcy improvidently dismissed
William Davison v. Huntington Ingalls, Inc. -- Pro se plaintiff's brief too far afield from FRCP standards.
Friday in the Fourth
US v. William Graham -- Court Reporter Act, taped conversations, life sentence unconstitutional.
US v. Sean Price -- Pr0n sentencing
US v. Sean Price -- Pr0n sentencing
Second Circuit -- WC Capital Mgmt. LLC v. UBS Sec. LLC
Securities -- borrower has Article III standing to challenge whether margin call disclosures met statutory standards, as it was harmed by lack of knowledge of its options.
10(b) - 16 exists to protect the investor, so a general schema and information on where to get specifics sufficed for initial disclosure.
Margin call rules don't trigger 10(b) - 16(b) 30 day notification rule.
WC Capital Mgmt. LLC v. UBS Sec. LLC
10(b) - 16 exists to protect the investor, so a general schema and information on where to get specifics sufficed for initial disclosure.
Margin call rules don't trigger 10(b) - 16(b) 30 day notification rule.
WC Capital Mgmt. LLC v. UBS Sec. LLC
Second Circuit -- Singer v. Ferro
As the corruption alleged by an employee parody was not relevant to matters of public concern, the speakers are not protected against retaliation.
Singer v. Ferro
Singer v. Ferro
Second Circuit -- WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.
Subscriber-requested simultaneous one-to-one transmission of copyrighted content is not a performance for copyright purposes.
Dissent: one-to-one technology irrelevant -- the system functions as a broadcast.
WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.
Dissent: one-to-one technology irrelevant -- the system functions as a broadcast.
WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.
First Circuit (Friday) -- Hann v. Educational Credit Management
Student Loans held to be $0 in claim order for Chapter 13 bankruptcy are $0 for all purposes.
Hann v. Educational Credit Management
Hann v. Educational Credit Management
First Circuit (Friday) -- Frank Sawyer Trust of May 1992 v. Commissioner of Internal Revenue
Piercing the veil -- state law governs, so not the substance-over-form standard, but rather whether the transfers were themselves fraudulent.
Frank Sawyer Trust of May 1992 v. Commissioner of Internal Reveue
Frank Sawyer Trust of May 1992 v. Commissioner of Internal Reveue
First Circuit (Friday) -- Hannington v. Sun Life and Health Insurance
ERISA -- Plan erred in holding that benefits should be offset for Veterans' benefits received, as they only superficially compared the program in the Plan (SSI) with the program not mentioned (Veterans).
Hannington v. Sun Life and Health Insurance
Hannington v. Sun Life and Health Insurance
Friday and Today
Rolling a bit early today, so some Circuits might not be up yet. Looks like Friday was a busy day for the First Circuit and DC Circuit -- though the New Plan is to only post the day's opinions, we'll add a few of Friday's as well.
So it's a bouilabaisse of early postings for today and some of what came in over the transom Friday.
MB
So it's a bouilabaisse of early postings for today and some of what came in over the transom Friday.
MB
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