Ninth Circuit & Federal

Short on time -- here's what's posted so far:

Ninth:

USA V. YALE AUGUSTINE A. D. V. STATE OF CALIF. HIGHWAY PATROL ECOLOGICAL RIGHTS FOUNDATION V. PG&E USA V. THOMAS JENNINGS

Federal:

KAHRS INTERNATIONAL, INC. v. US [OPINION]

- MB

Eighth Circuit -- Jeff Knutson v. Schwan's Home Service, Inc.

From the court's website:

122240P.pdf 04/03/2013 Jeff Knutson v. Schwan's Home Service, Inc. U.S. Court of Appeals Case No: 12-2240 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
Civil case - Employment discrimination. Plaintiff was not qualified to perform an essential job junction because of his eye injury and his inability to obtain DOT qualification, and the district court did not err in granting Schwan's motion for summary judgment on plaintiff's ADA claim; district court did not err in granting Schwan's summary judgment on plaintiff's claims for mileage reimbursement and a bonus.

Eighth Circuit -- Owners Insurance Company v. Betty Hughes

From the court's website:

122198P.pdf 04/03/2013 Owners Insurance Company v. Betty Hughes U.S. Court of Appeals Case No: 12-2198 U.S. District Court for the Eastern District of Missouri - St. Louis [PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Insurance. The Owners policy's underinsured motorist coverage does not cover Hughes' claims because the underinsured person's insurance bodily injury limit was not less than $100,000 as required by the policy's unambiguous definition of underinsured automobile.

Eighth Circuit -- Douglas Reuter v. Jax Ltd., Inc.

From the court's website:

121753P.pdf 04/03/2013 Douglas Reuter v. Jax Ltd., Inc.
U.S. Court of Appeals Case No: 12-1753 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Benton, Author, with Wollman and Bye, Circuit Judges]
Civil case - Contracts. Even if Reuter did not waive Jax's breach of the parties' contract with his own breach, any factual disputes in the case were not outcome determinative because Jax's breach was neither damaging nor material, and the district court did not err in granting Jax's motion for summary judgment on Reuter's claim for breach of contract; the district court did not err in denying Reuter's motion to amend his complaint.

Seventh Circuit -- Shun Warren v. Michael Baenen

Denial of Habeas for plea-stage ineffective assistance.

Due process claims on knowingness of plea speculative.

No DP violation in sentencing judge's citation of attempt to withdraw from plea as a basis for sentence length.

Shun Warren v.   Michael Baenen

Sixth Circuit -- USA v. Jermaine Woods

"What's in your pocket?"  doesn't change a Terry stop [SITA?] into an interrogation.

Concurrence -- public safety exception.

USA v. Jermaine Woods 

Sixth Circuit -- Cogent Solutions Group, LLC v. Hyalogic, LLC

Where business competitors enter into a settlement agreement barring deprecatory references to each others' products, only direct references are barred, absent language to the contrary in the agreement.

 Cogent Solutions Group, LLC v. Hyalogic, LLC 

Sixth Circuit -- USA v. Rashan Doyle

Conditions of supervised release vacated as insufficiently explained.

USA v. Rashan Doyle 

Third Circuit -- USA v. Mark Zabielski

Sentencing -- application of the threat of death sentencing bump harmless error, as court explicitly stated that it didn't affect the length of the sentence.

USA v. Mark Zabielski

Third Circuit -- In Re: Leon A. Kendall

Statement in judicial opinion disagreeing with superior tribunal cannot serve as a basis for criminal contempt charge unless there is a clear and present danger of obstruction or prejudice.  Not judicial immunity, tho --  Free Speech.

In Re: Leon A. Kendall

Second Circuit -- United States v. Bryant

Guns --  Federal possession-in-furtherance statute survives 2A review.

United States v. Bryant

Second Circuit -- Evans v. Fischer

Reversal of Habeas grant --  admission of hearsay isn't, per se, a violation of due process.  State prior appellate review holding the error to be harmless therefore bars federal collateral review.

Evans v. Fischer

Second Circuit -- CFTC v. 3M Employee Welfare Benefit Association Trust I, et al.

Corporate receivership winding up a fraud has equitable authority not to award a prudence premium to investors in the regulated funds, as both the regulated and the non-regulated investments are similarly situated with respect to the fraud.

Inflation adjustment not required as a matter of law.

CFTC v. 3M Employee Welfare Benefit Association Trust I, et al.

Second Circuit -- Cohen v. Cohen

To state a fraud-based RICO claim in a divorce action, the facts alleged must create a plausible inference of wrongdoing.

Fraud-based claims accrued at first suspicions of the ex-wife, but the investigation at the time was reasonable.

Event-based statute of limitations for unjust enrichment has run.

Cohen v. Cohen